Anti-Trafficking in Persons Act of 2003 - Confidentiality of Proceedings

Confidentiality of Proceedings

Republic Act No. 9208 (the Anti-Trafficking Law) provides for confidentiality of proceedings at any stage of the investigation, like similar enacted legislation, to wit: RA No. 9344 (the Juvenile Justice Law) mandates that all records and proceedings involving children in conflict with the law from initial contact until final disposition of the case shall be considered privileged and confidential. RA No. 9262 (the Anti-Violence Against Women Law) provides that all records pertaining to cases of violence against women and their children shall be confidential... and the right to privacy of the victim shall be respected. RA No. 8369 (the Family Court Act) provides for the confidentiality of all records of cases and the identity of the parties involved therein unless necessary and with court authority. Thus, the identity of a child victim of abuse, child witness, CIAC or a CICL shall not be disclosed whether directly or indirectly. No information that would lead to the identity of the child or any member of his family shall be published or broadcast. Photographs, images, or video coverages of the face or any distinguishing feature of a child victim of abuse, child witness, CIAC or a child in conflict with the law including his or her family members shall not be taken, published, or shown to the public in any manner. The use of sexualized images of children is considered a violation of the child’s rights. The disclosure of any private or graphic detail of the case, including the medico-legal findings, in public, is strictly prohibited. It is absolutely prohibited to access, use or in any manner disseminate a child’s case files or records.

Ricardo R. Blancaflor, acting chairman of the Inter-Agency Council Against Trafficking (IACAT), called for the amendment of the anti-trafficking law due to the increasing number of “sexually trafficked" Filipino women workers, most especially in Singapore. GABRIELA Representative Liza Maza reported that 400,000 migrants were being trafficked internally and another 800,000 externally. Blancaflor, however, cited 11 convictions and 3 more cases submitted for decision under the law. But Blancaflor noted the confidentiality clause, Section 7, R.A. 9208 for possible amendment, it, being a bar for full disclosure of facts.