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Privacy Expectations in Passive RFID Tagging of Motor Vehicles: Bayan Muna et al. v. Mendoza et al. in the Philippine Supreme Court
Abstract
This paper describes Bayan Muna et al. v. Mendoza et al., a 2009 Philippine Supreme Court petition involving the first and ongoing certiorari challenge to the Philippine government’s implementation of passive Radio Frequency Identification (RFID) technology in the registration of all motor vehicles in the Philippines. As a matter of constitutional jurisprudence and policy, the passive use of RFID technology in this context does not infringe constitutionally-protected privacy expectations, entirely consistent with the Executive Branch’s law enforcement powers. The paper shows how the proposed RFID tagging of motor vehicles in the Philippines satisfies the tests of reasonable expectations, and by dealing only with already publicly available information, avoids spectral fears of data mining and government abuse.
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