Dashcams and mobile phones are everywhere these days. In the daily chaos of Metro Manila traffic, these devices have become important tools to document wrongdoing and protect oneself from unscrupulous individuals, legal blame, and financial loss.

But what are you actually allowed to film while out and about, and what are the rules surrounding dashcams? We asked a lawyer to find out.

Below are the questions we asked Attorney Leangie L. Mora and her replies. As with all things legal, there are always gray areas and room for interpretation, so take this as an opinion and not as legal advice. If in doubt, check with a lawyer of your choice for your individual situation.

QUESTION: What is the law when it comes to filming traffic officers working in public? Can I freely film them? Are there any restrictions? Can I film police or traffic officers during a traffic stop? Can I do it openly? Can I do it hidden?

ANSWER: There is no law in the Philippines that prohibits the filming of law enforcers such as traffic enforcers and police officers while working in public. However, it is necessary that the law enforcer is carrying out his public functions in a public place where there is no reasonable expectation of privacy.

It does not violate the Philippine Anti-Wiretapping Law since the said law only covers the recording of private communications without the consent of all parties involved in the communication. There is no reasonable expectation of privacy in public places.

It does not also violate the Data Privacy Act. The Data Privacy Act does not apply to information about any individual who is an officer or employee of a government institution that relates to the position or functions of the individual.

QUESTION: What is the law when it comes to dashcams? Can I film freely while driving and publish the footage online? When publishing footage of erring drivers, do I have to blur number plates and faces, or is anything in public fair game?

ANSWER: As of this writing, there is no law in the Philippines that regulates the use of dashcams. However, the use of the dashcam as a recording device shall be in compliance with the provisions of Republic Act 10173 or the Data Privacy Act, which seeks to protect all forms of information, be it private, personal, or sensitive.

It is meant to cover both natural and juridical persons involved in the processing of personal information.

Faces and vehicle plate numbers of private individuals are personal information covered by the Data Privacy Act. Thus, this information can not be recorded and published without the consent of the concerned private individual.

Moreover, publishing videos or footage of videos that involve private individuals may be penalized under the Data Privacy Act and Cybercrime Prevention Act.

If the videos were published without the consent of the private individual whose personal information was included in the video, it violates the Data Privacy Act.

On the other hand, if the video was published to embarrass or harass the individual through the use of malicious statements posted online (social media, blogs, and websites) that harm another’s reputation, the author of the post may face criminal charges of cyber libel under the Cybercrime Prevention Act.

So, there you have it, an opinion on what you can and cannot (or should not) do while out and about.

As someone who has spent a good amount of time on the streets of Metro Manila investigating ticket traps and researching stories, I’ve had a few occasions where knowing the law came in really useful.

Once, I was threatened with the counterterrorism law by a group of traffic enforcers for filming them, which I found quite disappointing especially as they hadn’t done anything wrong and I was only getting stock footage for website use.

Knowing that what I was doing was perfectly legal gave me the confidence to politely stand my ground, and I hope it helps you, too.