Miriam: Arroyo's right to privacy violated by mug shot publication

Senator Miriam Defensor-Santiago on Tuesday said that former President Gloria Macapagal-Arroyo's right to privacy was violated when her mug shots were leaked and published by the media. "When the mug shot of the accused is taken, could it be a violation of her personal right to privacy if this is published? The answer is yes," Santiago told reporters in an interview. Santiago, a lawyer, said a mug shot is only necessary to protect the public because it is needed by authorities to identify suspects. "It is another question whether a newspaper or a website can publish a mug shot," she said. "It is not a usual, common photograph. It already suggests guilt on the part of the person. What’s more is that it catches the individual at his most embarrassing moment." She added that in a recent case in the United States, the court ruled that even if a person is convicted, he or she still has the right to privacy with respect to his or her mug shots. "An American case is not necessarily decisive in our jurisdiction—just because the US SC (Supreme Court) decided one way does not mean we will decide that way. But American cases, because our legal systems are basically the same, are considered authoritative in our country. If the US SC says there is a right to privacy, in all likelihood the Philippine SC will rule the same," she said. Senator Panfilo Lacson, however, said that a mug shot is a public document. "Lahat na mina-mug shot, pwedeng i-release anytime. That’s part of court records. Pag court records, that becomes public document," he said in a separate interview on Tuesday. - Kimberly Jane Tan/KBK, GMA News