Albert S. Saludaga BSICT-3

A.

Habeas Data

Habeas data is a writ and constitutional remedy available in certain nations. The literal

translation from Latin of habeas data is “[we command] you have the data”. The remedy

varies from country to country, but in general, it is designed to protect, by means of an

individual complaint presented to a constitutional court, the image, privacy, honour,

information self-determination and freedom of information of a person.

Habeas data can be sought by any citizen against any manual or automated data

register to find out what information is held about his or her person. That person can

request the rectification, actualisation or even the destruction of the personal data held.

The legal nature of the individual complaint of habeas data is that of voluntary

jurisdiction, this means that the person whose privacy is being compromised can be the

only one to present it. The Courts do not have any power to initiate the process by

themselves.

Habeas Corpus

A writ of habeas corpus, also known as the great writ, is a summons with the force of a

court order; it is addressed to the custodian (a prison official for example) and demands

that a prisoner be taken before the court, and that the custodian present proof of

authority, allowing the court to determine whether the custodian has lawful authority to

detain the prisoner. If the custodian is acting beyond his or her authority, then the

prisoner must be released. Any prisoner, or another person acting on his or her behalf,

may petition the court, or a judge, for a writ of habeas corpus. One reason for the writ to

be sought by a person other than the prisoner is that the detainee might be held

incommunicado. Most civil law jurisdictions provide a similar remedy for those unlawfully

detained, but this is not always called habeas corpus.[1] For example, in some Spanish-

speaking nations, the equivalent remedy for unlawful imprisonment is the amparo de

libertad ('protection of freedom').

Writ of Amparo

The writ of amparo (also called recurso de amparo or juicio de amparo) is a remedy for

the protection of constitutional rights, found in certain jurisdictions. In some legal

systems, predominantly those of the Spanish-speaking world, the amparo remedy or

action is an effective and inexpensive instrument for the protection of individual rights.

Amparo, generally granted by a supreme or constitutional court, serves a dual

protective purpose: it protects the citizen and his basic guarantees, and protects the

constitution itself by ensuring that its principles are not violated by statutes or actions of

the state that undermine the basic rights enshrined therein. It resembles, in some

respects, constitutional remedies such as the writ of security available in Brazil and the

constitutional complaint (Verfassungsbeschwerde) procedure found in Germany.

B.

Habeas Data is “[we command] you have the data”. It is designed to protect, by means

of an individual complaint presented to a constitutional court, the image, privacy,

honour, information self-determination and freedom of information of a person. While

Habeas Corpus is a summons with the force of a court order; it is addressed to the

custodian (a prison official for example) and demands that a prisoner be taken before

the court, and that the custodian present proof of authority, allowing the court to

determine whether the custodian has lawful authority to detain the prisoner. If the

custodian is acting beyond his or her authority, then the prisoner must be released. And

Amparo is generally granted by a supreme or constitutional court, serves a dual

protective purpose: it protects the citizen and his basic guarantees, and protects the

constitution itself by ensuring that its principles are not violated by statutes or actions of

the state that undermine the basic rights enshrined therein.