Contact tracing is a key component in containing the spread of the coronavirus disease-19 (COVID-19). The Commission on Human Rights (CHR) recognizes the importance of identifying and monitoring individuals who came in close contact or exposed to a person who is confirmed positive of COVID-19. However, it must be stressed that such process require utmost respect for privacy and confidentiality.

CHR is deeply concerned about a grievance we received from Laguna concerning the posting on social media of names of people who had close contact with a judge who passed away last 21 March 2020. The cause of his death is suspected to be COVID-19 pending the results. On 23 March 2020, the Calamba City Police disseminated on social media a contact tracing memorandum containing the names as well as addresses of individuals who allegedly had close contact with the late judge.

We denounce this glaring violation on the right to privacy, which consequently expose the individuals to stigmatization and discrimination. The individuals also now suffer from mental anguish because of circulating false news that they are already positive with COVID-19. We note that even the late judge’s test result has not been released yet.

Republic Act 11332, the law on reporting communicable diseases, provides that all personnel conducting disease surveillance should respect the right to privacy and confidentiality while ensuring public health and security. All individuals who are being monitored of COVID-19 has the right to anonymity to protect their privacy and to shield them from any attack or discrimination. Personal information and data should be collected for public health purpose solely and must be respected and handled with utmost care in accordance with the Data Privacy Act and as specified in RA 11332. Online publishing of personal and sensitive information for contact tracing purposes expose individuals to several risks that denigrate their identity, privacy, and dignity.

This grave violation of privacy must be investigated and those responsible should be prosecuted to ensure no further breaches will taint our collective efforts to fight COVID-19. Given the psychological, emotional, and social harm suffered by the individuals, it is also incumbent upon the local government to extend to them the necessary support, remedy, and protection.
For our part, we shall conduct an investigation for the just resolution of this alleged violation.

As we all resolutely fight the spread of COVID-19, we must always distinguish the human person—whether confirmed or a suspected carrier—from the virus. The presence of a virus does not diminish human dignity. Hence, all our efforts must put primacy to the respect for human dignity and rights while diligently protecting the collective right to public health.###