Ken Regum

On Reasonable Expectation of Privacy

In Ople vs. Torres, G.R. No. 127685, 23 July 1998, the Supreme Court had the opportunity to elucidate:

The reasonableness of a person's expectation of privacy depends on a two-part test: (1) whether by his conduct, the individual has exhibited an expectation of privacy; and (2) whether this expectation is one that society recognizes as reasonable. The factual circumstances of the case determines the reasonableness of the expectation. However, other factors, such as customs, physical surroundings and practices of a particular activity, may serve to create or diminish this expectation.

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