Policies, Laws and Guidelines Flashcards by Tyler White

Former laws did not provide a legal basis for
criminalizing crimes committed on a computer in
general.

THE BASIS for the ILOVEYOU VIRUS

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WHY DO WE NEED TO STUDY THE LAWS IN THE
PHILIPPINES?

Simple, we are living (permanently) / sojourning
(temporary) in the Philippines. Our laws (the1987
Constitution, our Penal Laws, our Bill of Rights, and
all laws) specifically mentioned that we should be
knowledgeable of the laws since this potentially
impacts our day-to-day living.

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the computer programmer charged with purportedly writing the ILOVEYOU computer worm

Onel de Guzman, May 4, 2000

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Onel de Guzman was ultimately NOT prosecuted
by Philippine authorities due to a

lack of legal basis

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1.) ANTI-WIRETAPPING ACT (RA 4200)

2.) INTELLECTUAL PROPERTY CODE (RA 8293)

3.) ELECTRONIC COMMERCE ACT (RA 8792)

4.) DATA PRIVACY ACT (RA 10173)

5.) CYBER CRIME ACT (RA 10175)

1.) June 1965

2.) June 1997

3.) June 2000

4.) August 2012

5.) September 2012

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any rule of action or norm of conduct
applicable to all kinds of action and to all
objects of creation.

mainly made for implementing justice in
the society

LAW

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a law, regulation, procedure, administrative action, incentive, or voluntary practice of governments and other institutions.

Policy

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It shall protect and secure the exclusive rights of
scientists, inventors, artists and other gifted
citizens to their intellectual property and creations,
particularly when beneficial to the people, for such
a period.

refers to anything created by someone, including but not limited to inventions, literary works, items created by artists

INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES (RA 8293)

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Policies are only ________and not law

Documents

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are frequently reflected in resource allocations. Health can be influenced by policies in many different sectors.

1.) Outlines what a government is going to do

2.) What a government does not intend to do.

3.) It also evolves the principles that are needed for achieving the goal

Policy Decisions

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THE INTELLECTUAL PROPERTY CODE OF THE
PHILIPPINES IS DIVIDED INTO 5 PARTS

A. The Intellectual Property Office

B. The Law on Patents

C. The Law on Trademarks, Service Marks and Trade
Names

D. The Law on Copyright

E. Final Provisions

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Several categories wherein a creator or innovator
can register their creation:

★ Patent
★ Trademark
★ Copyright

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The exclusive rights to a product or process, as
well as its improvements—granted that the product
or process offers something new and useful.

PATENT

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Basic requirements for a creation to be
considered patentable:

○ The creation would have a novel idea.
○ Inventive
○ Can be applied in an industrial setting.

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a tool used to differentiate services and goods from one another.

● Form of a word or a group of words; a sign, logo, or
symbol or a combination of those above.

TRADEMARK

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Refers to the protection given to the owner of an
original work covering literary works, musical
pieces, paintings, and computer programs, among
others.

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IMPORTANCE IN TRADEMARK:

● Essential in marketing products or services.

● Will help consumers identify brands.

● The owner of the trademark would have exclusive rights & it will ensure that no one else can use the same

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1.) Enable the creator to receive
profit gains should his works be distributed by
third parties

2.) protect the connection between the creator and his work

1.) Economic Rights
2.) Moral Rights

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An act providing for the recognition and use of electronic commercial and non-commercial transactions and documents, penalties for unlawful use thereof and for other purposes.

REPUBLIC ACT 8792 (THE E-COMMERCE LAW)

An act to prohibit and penalize wire tapping and
other related violations of the privacy of
communication, and for other purposes.

REPUBLIC ACT NO. 4200 (ANTI WIRE-TAPPING LAW 1965)

An act defining cybercrime, providing for the
prevention, investigation, suppression and the
imposition of penalties thereof and for other
purposes.

REPUBLIC ACT NO. 10175 (CYBERCRIME PREVENTION ACT OF 2012

Unlawful for any person, not being authorized by
all the parties to any private communication or
spoken word, to tap any wire or cable, or by using
any other device or arrangement, to secretly
overhear, intercept, or record such communication
or spoken word by using a device commonly
known as a dictaphone or dictagraph or
detectaphone or walkie-talkie or tape recorder.

SECTIONS 1 AND 4 OF ANTI WIRE-TAPPING ACT

Among the cybercrime offenses:

○ Cybersquatting
○ Cybersex
○ Child pornography
○ Identity theft
○ Illegal access to data
○ Libel.

Comprehensive and strict privacy legislation “to protect the fundamental human right of privacy, of communication while ensuring free flow of information to promote innovation and growth.”

Established a National Privacy Commission that
enforces and oversees it and is endowed with
rulemaking power

DATA PRIVACY ACT

a body that is mandated to administer and implement this law

The National Privacy Commission (NPC)

The functions of the NPC include:

○ rule-making, ○ advisory, ○ public education, ○ compliance and monitoring, ○ investigations and complaints, ○ and enforcement.

RIGHTS OF THE DATA SUBJECT

● Right to be informed - IRR, Section 34.a ● Right to object - IRR, Section 34.b ● Right to access - IRR, Section 34.c ● Right to data portability - IRR, Section 36 ● Right to correct (rectification) - IRR, Section 34.d ● Right to file a complaint - IRR, Section 34.a.2 ● Right to damages - IRR, Section 34.f ● Right to erasure or blocking - IRR, Section 34.e ● Transmissibility of Rights - IRR, Section 35

applies to the processing of all types of personal information and to any natural and juridical person, in the country and even abroad, subject to certain qualifications.

SCOPE OF THE DATA PRIVACY ACT (DPA)

POTENTIAL BREACHES

1. Bank – Consent form 2. Hospital and School Records – Storage and Disposal Policy 3. Student transferred - Without Consent 4. Clinical record of a student to disclose with her parents - Consent 5. List of top students/passers - Consent

A data subject must be aware of the nature, purpose, and extent of the processing of his or her personal data, including the risks and safeguards involved, the identity of the personal information controller, his or her rights as a data subject

TRANSPARENCY- “THE CONSENT REGIME”

The processing of information shall be compatible with a declared and specified purpose, which must not be contrary to law, morals, or public policy

LEGITIMATE PURPOSE

The processing of information shall be adequate, relevant, suitable, necessary, and not excessive in relation to a declared and specified purpose. Personal data shall be processed only if the purpose of the processing could not reasonably be fulfilled by other means

PROPORTIONALITY

You are violating the Data Privacy Act if you keep______

any data for longer than it is needed

a front facing document that demonstrates an organization's commitment to transparency and fairness when carrying out data processing activities

PRIVACY NOTICE

(cum sentire) merely means the agreement of wills ● If applied to contracts, defined as the concurrence of the wills of the contracting parties with respect to the object and the cause which shall constitute the contract

CONCEPT OF CONSENT

CONSENT OF DATA SUBJECT

● Express and Specific ● Time-bound ● Documented ● Specifies the purpose ● Confirms data sharing

● The data subject agrees to the collection and processing of personal information ○ Freely given ○ Specific ○ Informed indication of will

INFORMED CONSENT

giving data subjects genuine choice and control over how a PIC uses their data. This means data subjects must be able to refuse consent, and must be able to withdraw consent easily at any time.

FREELY GIVEN, SPECIFIC, AND INFORMED

Is the disclosure or transfer to a third party of personal data under the control or custody of a Personal Information Controller (PIC)

DATA SHARING

Refers to a contract, joint issuance, or any similar document that contains the terms and conditions of a data sharing arrangement between two or more parties.

DATA SHARING AGREEMENT

“The PIC shall promptly notify the Commission and affected data subjects when sensitive personal information or other information that may, under the circumstances, be used to enable identity fraud

R.A. 10173 SECTION 20.f

4 TYPES OF BREACH: 1.) Due to loss, accidental or unlawful destruction of personal data 2.) Due to the unauthorized disclosure of, or access to, personal data 3.) Due to alteration of personal data 4.) Unauthorized processing, processing for unauthorized purposes, violation of privacy rights

1.) AVAILABILITY BREACH 2.) CONFIDENTIALITY BREACH 3.) INTEGRITY BREACH 4.) UNLAWFUL PROCESSING/VIOLATION OF PRIVACY

“Concealment of Security Breaches Involving Sensitive Personal Information. –– The penalty of imprisonment of one (1) year and six (6) months to five (5) years and a fine of not less than Five hundred thousand pesos (Php500,000.00)

R.A 10173 SECTION 30

The personal information controller must implement reasonable and appropriate organizational, physical and technical measures

R.A 10173 SECTION 20.a

Concerned with the "proper" way to communicate in an online environment.

RULES OF NETIQUETTE

1.) When communicating electronically, whether through email, instant message, discussion post, text, or some other method, practice the Golden Rule 2.) While it can be argued that standards of behavior may be different in the virtual world, they certainly should not be lower 3.) Depending on where you are in the virtual world, the same written communication can be acceptable in one area, where it might be considered inappropriate in another 4.) Electronic communication takes time: time to read and time in which to respond. 5.) One of the best things about the virtual world is the lack of judgment associated with your physical appearance, sound of your voice, or the clothes you wear

1.) RULE 1: REMEMBER THE HUMAN 2.) RULE 2: ADHERE TO THE SAME STANDARDS OF BEHAVIOR ONLINE THAT YOU FOLLOW IN REAL LIFE 3.) RULE 3: KNOW WHERE YOU ARE IN CYBERSPACE 4.) RULE 4: RESPECT OTHER PEOPLE’S TIME AND BANDWIDTH 5.) RULE 5: MAKE YOURSELF LOOK GOOD ONLINE

1.) The Internet offers its users many benefits; one is the ease in which information can be shared or accessed and in fact, this "information sharing" capability is one of the reasons the Internet was founded. 2.) Flaming = expression of strong opinion without holding back on emotions. Lengthy exchange of angry or abusive messages between users of an online forum or other discussion area 3.) Depending on what you are reading in the virtual world, be it online class discussion forum, Facebook page, or an email, you may be exposed to some private or personal information that needs to be handled with care 4.) Just like in face-to-face situations, there are people in cyberspace who have more "power" than others. 5.) Not everyone has the same amount of experience working in the virtual world.

1.) RULE 6: SHARE YOUR KNOWLEDGE 2.) RULE 7: HELP KEEP FLAME WARS UNDER CONTROL 3.) RULE 8: RESPECT OTHER PEOPLE’S PRIVACY 4.) RULE 9: DON’T ABUSE YOUR POWER 5.) RULE 10: BE FORGIVING OF OTHER PEOPLE’S