Shopee violated the general privacy principle of proportionality.
Shopee’s act of taking the son’s photo as proof of delivery is disproportional to the declared and specified purpose. The act of taking the son’s photo is not necessary to the declared and specified purpose and the means is not the least intrusive means available. Shopee could have fulfilled the declared and specified purpose of securing proof of delivery with less intrusive means such as by taking a picture of an arm with the package.
In fact, Shopee’s Privacy Guidelines for Shipments and Delivery provides that an arm of recipient and package, or house and package is sufficient in cases where the recipient of the package does not consent to his photo being taken.
The Commission AWARDS nominal damages, in the amount of Fifteen Thousand Pesos (Php 15,000.00), to MAF for Shopee Philippines, Inc.’s violation the general privacy principle of proportionality.