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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

Aurelia Santos, a private individual, discovers that a private background-check firm, SafeCheck Pro, maintains a 2012 entry indicating a disciplinary action related to her professional license, which was later expunged by a court in 2014. SafeCheck Pro continues to disseminate the entry to prospective employers and licensing authorities. She files a petition for habeas data under A.M. No. 08-1-16-SC. SafeCheck Pro moves to dismiss, arguing that habeas data applies only to public records. In light of habeas data principles, discuss: (a) whether habeas data is applicable to private data controllers and the proper remedy under A.M. No. 08-1-16-SC; (b) the scope of relief, including the effect on third-party recipients and any notice or restraints on further use; (c) the role of the Data Privacy Act in relation to habeas data and any potential conflicts or limitations.

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Habeas data relief may be sought only if the data is inaccurate or unlawfully processed; if the data is accurate, the remedy is a mere right of access. Habeas data can compel disclosure of the basis for retention and to restrict processing within the controller's system, but cannot order deletion or cessation of dissemination to third parties. Habeas data may be availed against private data controllers; the remedy may include deletion or correction of the item, an order to cease further dissemination, and a notice to third-party recipients, with the data subject provided a copy of the data and its source. Habeas data applies only to public records; against private data controllers, the proper remedy is to pursue relief under the Data Privacy Act through the National Privacy Commission, and the court cannot issue orders binding private third-party recipients.

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