Question CCTV

Good morning. I would like to ask what possible offense can we charge against an employee who illegally set up a hidden camera?
Thank you.

Good day Sir/Madam:

As a matter of policy, this Office refrains from rendering categorical opinions on matters and issues that may later be a subject of an administrative proceeding before the Commission either via an appeal or a complaint. This is to preclude the possibility of prejudgment should an actual administrative case be commenced or instituted based on the said matters or issues.

Be that as it may, we refer to the case of Gaanan v. Intermediate Appellate Court (G.R. No. L-69809, 16 October 1986) where the Supreme Court explained that the Anti-Wiretapping law refers to a “tap” of a wire or cable or the use of a device or arrangement for the purpose of secretly overhearing, intercepting, or recording the communication. There must be either a physical interruption through a wiretap or the deliberate installation of a device or arrangement in order to overhear, intercept, or record the spoken words. It ruled that an extension telephone cannot be placed in the same category as a dictaphone, dictagraph or the other devices enumerated in Section 1 of RA No. 4200 as the use thereof cannot be considered as “tapping” the wire or cable of a telephone line. Similarly, the installation of a closed-circuit television (CCTV) camera with audio cannot be considered tapping a wire or cable. The Court also said that the mere act of listening, in order to be punishable must strictly be with the use of the enumerated devices in RA No. 4200 or others of similar nature.

The installment of a CCTV camera with audio recording capability inside the offices will arguably not violate the right to privacy of employees and the Anti-Wiretapping Law. It is believed that it will discourage employees from engaging in gossip during office hours and optimize efficiency at work. For good measure and goodwill, however, it is suggested that a notice be given to the employees that such device will be installed.

On the other hand, the Philippine National Privacy Commission (NPC) released Advisory No. 2020-04 on the "Guidelines on the Use of Closed-Circuit Television (CCTV) Systems". The Advisory guides personal information controllers (PICs) and personal information processors (PIPs) in the processing of personal data via CCTV systems used in public or semi-public places, as well as in responding to requests by the data subject or by third parties for disclosure of CCTV footage. The Advisory applies to CCTV systems with either video and audio capabilities or those which only record videos. Lawful surveillance conducted by law enforcement agencies and other government agencies, however, are not covered by the Advisory.

Said Advisory confirms that the use of CCTV systems, including the capture, use, retention, disclosure and destruction of video and/or audio footage, is required to comply with the Data Privacy Act (DPA), its Implementing Rules and Regulations, and the relevant issuances of the NPC. Said data processing is subject to the general principles of legitimacy of purpose, proportionality, and transparency.

We hope that we were able to answer your query.

Note: Please be informed that the opinion being rendered is based solely on the facts you have narrated and our appreciation of the same. The opinion may vary when other facts are changed or further elaborated.