Tuesday, August 28, 2007

Lend Me Your Ears (Wiretapping, Lies and Elections)

By Obiter 07

It should be alarming to learn that private conversations are tapped just like that by military agents. Although it is amusing to eavesdrop on the President’s chats, especially when they’re very controversial to say the least. The alarm bells start ringing again once we realize the manner by which they were obtained and how they can be made so public regardless of the law on the matter.

The law is Republic Act 4200.[1] Thus, it is
“unlawful for any person, not being authorized by all the parties to any private communication or spoken word, to tap any wire or cable, or by using any other device or arrangement, to secretly overhear, intercept, or record such communication or spoken word …”
And,
“any communication or spoken word, or the existence, contents, substance, purport, effect, or meaning of the same or any part thereof, or any information therein contained obtained or secured by any person in violation of the preceding sections of this Act shall not be admissible in evidence in any judicial, quasi-judicial, legislative or administrative hearing or investigation.”
The only exception is when a peace officer has been so authorized by court order. Even the recently passed Human Security Act requires a court order before law enforcement can eavesdrop on suspected terrorists. The Constitution contains the same protections.

Although the law is clear, even its restriction on the use of illegally obtained information obviously finds no application when a Senator plays to the gallery. One can cast equal, if not more blame, though on a President who places herself in such a position by calling a sitting Commissioner on Elections during counting time.

So, what then can we do when those tasked to make and enforce the law end up breaking them, no matter what their intentions are? We can and should only go by what the law is. Even if at times it ends up also protecting the guilty, it is meant to always protect those of us who are innocent from unwarranted and unauthorized intrusions of our privacy.


[1] An Act To Prohibit And Penalize Wire Tapping And Other Related Violations Of The Privacy Of Communication, And For Other Purposes.

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