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3RD YEAR - SECOND SEM > Social and Professional Issues 3 > Flashcards

Social and Professional Issues 3 Flashcards

1
Q
  • on due process is considered the main source of the right to privacy;
  • The Supreme Court has interpreted “liberty” under this section to implicitly include privacy. In one case, the Court stated “The right to privacy is an essential component of our liberties. What the right to privacy seeks to protect is ‘the realm of sensitive affairs’ - matters close to the heart. “
A

THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES – ARTICLE III, Section 1

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2
Q
  • on privacy of communication and correspondence;
  • protects not just the content but also the transmission of communications as well as the identities of the parties communicating
A

THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES – ARTICLE III, Section 2

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3
Q

informational privacy on property rights, the Court has ruled that private entities cannot disclose personal information without consent, and the government needs a court order to obtain private records held by third parties

A

THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES – ARTICLE III, Section 3

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4
Q

Rational Relationship Test

A
  • rational-purpose test, rational-relationship test, minimum scrutiny, or minimal scrutiny
  • way for judges to decide if a law is fair. If a law doesn’t involve a really important right or group of people, the judge will look at whether the law makes sense and helps the government do its job.
  • criterion used in constitutional law to analyze a statute that does not involve a fundamental right or a suspect classification under the Due Process or Equal Protection Clause
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5
Q

Reasonable Expectation of Privacy

A
    • essential element of privacy law
    • allows you to hold someone accountable for violating your personal privacy
    • The Supreme Court originally interpreted the Fourth Amendment as limited to actual invasions of certain defined locations, such as the home or the physical body
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6
Q

Civil Law

A
  • a private citizen compromises the solitude or seclusion of another private citizen
  • invasion of privacy laws vary by jurisdiction, something that can make a person liable in one state might not do so elsewhere.
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7
Q

Criminal Law

A
  • phrase limits searches by individuals acting on behalf of a city, state, or federal government
  • Fourth Amendment rights protect you from unreasonable searches and warrantless searches. Under the Fourth Amendment of the U.S. Constitution, law enforcement must obtain a search warrant
  • allows law enforcement officers to move forward and search for evidence of a crime, such as in a person’s home or car.
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8
Q

Invasion of privacy is not solely when someone physically enters a place where a person has a reasonable expectation of privacy. It can also happen if someone uses electronic equipment to monitor or record what someone is doing in the home

A

EXPECTATIONS OF PRIVACY IN THE HOME

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9
Q

protects you from humiliation or having your private details made public.

A

Privacy law

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10
Q

The right to seclusion does not extend to the public view, but the law still offers some safeguards

A

EXPECTATIONS OF PRIVACY IN PUBLIC

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11
Q
  • open communication and respect for some degree of personal privacy are important in marriages. Absolute privacy is difficult, but spouses should discuss their expectations and agree on reasonable boundaries. Some level of trust is assumed
  • Legal principles governing privacy rights between spouses
A
  1. MARITAL COMMUNICATIONS PRIVILEGE
  2. DOCTOR-PATIENT CONFIDENTIALITY
  3. FINANCIAL RECORDS
  4. PERSONAL DEVICES AND ACCOUNTS
  5. HOME PRIVACY
  6. DOMESTIC VIOLENCE LAWS
  7. SNOOPING AND WIRETAPPING LAWS
  8. DIVORCE AND SEPARATION
  9. PREMARITAL AGREEMENTS
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12
Q

Spouses cannot be forced to testify against each other about private communications during marriage. This privilege survives divorce

A

MARITAL COMMUNICATIONS PRIVILEGE

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13
Q

Medical records are confidential even from a spouse without the patient’s consent. HIPAA laws prevent doctors from disclosing records.

A

DOCTOR-PATIENT CONFIDENTIALITY

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14
Q

Spouses have no inherent legal right to access each other’s personal devices or accounts (phone, email, social media). However, in a divorce, some content may be subpoenaed

A

PERSONAL DEVICES AND ACCOUNTS

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15
Q

Financial information must be disclosed during divorce proceedings, but separate and private accounts may sometimes be shielded if they do not contain marital assets

A

FINANCIAL RECORDS

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16
Q

Spouses have equal rights to be in the home and use its contents. One spouse cannot unlawfully exclude the other. Locking a spouse out may be illegal

A

HOME PRIVACY

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17
Q

Abusive violations of privacy may qualify as domestic violence, like destroying property, unwanted surveillance, or restricting access to documents or devices.

A

DOMESTIC VIOLENCE LAWS

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18
Q

Unauthorized snooping or wiretapping by a spouse may violate privacy laws, depending on the state and circumstances

A

SNOOPING AND WIRETAPPING LAWS

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19
Q

Courts can issue orders for temporary privacy and separation by requiring one spouse to move out or limiting communications

A

DIVORCE AND SEPARATION

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20
Q

Spouses can contractually agree to financial and asset privacy through prenups. Courts usually uphold valid prenups

A

PREMARITAL AGREEMENTS

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21
Q

This includes the right to be informed of the reason for detention, the right to counsel, and the right to a speedy trial. This includes the right to be informed of the reason for detention, the right to counsel, and the right to a speedy trial.

A

Privacy Rights of Convicted Persons

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22
Q

states that any person under investigation for the commission of a crime or offense “shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. ”

A

Miranda rights or Article III, Section 12 of the 1987 Constitution (also known as the Bill of Rights)

23
Q

People detained or arrested have the right to know the reasons for the detention or arrest right away. The police must explain the reasons in clear and simple language

A

RIGHT TO KNOW REASONS FOR THE DETENTION OR ARREST

24
Q

The right to speak to a lawyer is a fundamental right. It allows people detained or arrested to discuss their rights and responsibilities with a lawyer

A

RIGHT TO SPEAK TO A LAWYER

25
Q

Immediately after detention or arrest, the police must follow these steps

A
  1. Inform people detained or arrested of the right to speak to a lawyer of their choice.
  2. Tell them that they can get help from a legal aid lawyer at no cost if needed and about on-call lawyers who offer free telephone consultations 24 hours a day
  3. Stop questioning them and trying to obtain information as long as they have not had a reasonable chance to talk to their lawyers
26
Q

people detained or arrested from hurting their cases by helping the police. As a general rule, when people choose to remain completely or partially silent, this cannot be interpreted as a sign that they are guilty

A

RIGHT TO REMAIN SILENT DURING A DETENTION OR ARREST

27
Q

In general, when police arrest or detain a youth, they will notify the parents right away.

A

THE RIGHT OF A YOUTH TO BE ACCOMPANIED BY A PARENT

28
Q

“to protect the fundamental human right to privacy of communication while ensuring free flow of information to promote innovation and growth [and] the [State’s] inherent obligation to ensure that personal information in information and communications systems in government and in the private sector are secured and protected” .

A

Republic Act No. 10173 or the Data Privacy Act of 2012 (DPA)

29
Q

What acts are covered by the DPA?

A
  1. person, either an individual or an institution, involved in the processing of personal data is located in the Philippines
  2. involves personal data of a Philippine citizen or Philippine resident
  3. act, practice or processing of personal data is done by an entity with links to the Philippines, subject to international law and comity
  4. act or practice involves personal data of a Philippine citizen or Philippine resident
30
Q

refers to all types of personal information

A

Personal data

31
Q

any operation/s performed upon personal data. These operations include, but are not limited to the collection, recording, organization, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure, or destruction of data

A

Processing

32
Q

Who implements the DPA?

A

The National Privacy Commission (NPC) is in charge of administering and implementing the DPA. It is also tasked to monitor and ensure compliance of the Philippines with international standards for personal data protection.

33
Q

The major functions of the NPC are as follows:

A
  1. rule making
  2. advisory
  3. public education
  4. compliance and monitoring
  5. enforcement
  6. personal information controller
  7. complaints and investigations
34
Q

How to comply with the Data Privacy Act?

A

An individual or institution employing fewer than 250 employees need not register unless its data processing operations

35
Q

What should you do in the event of a data breach?

A

The law requires a data breach notification within 72 hours upon knowledge of the breach or reasonable belief that it has occurred to the NPC and the data subject.

36
Q

is when someone steals your personal information and uses it without your permission.

A

Identity theft

37
Q

Nine of the most common ways identity thieves get hold of your data

A
  1. data breaches
  2. unsecure browsing
  3. dark web marketplaces
  4. malware activity
  5. credit card theft
  6. mail theft
  7. phishing and spam attacks
  8. wi-fi hacking
  9. mobile phone theft
38
Q

when someone gains access to an organization’s consumer data without authorization

A

data breach

39
Q

share any information on an unsecure website or a website that’s been compromised by hackers, you could be putting your sensitive information directly in the hands of a thief

A

UNSECURE BROWSING

40
Q

dark web is a hidden network of websites that aren’t accessible by normal browsers

A

DARK WEB MARKETPLACES

41
Q

Malware is malicious software that’s designed to wreak all sorts of havo

A

MALWARE ACTIVITY

42
Q

If a thief can gain access to your credit card information, they can use it to make unauthorized purchases

A

credit card theft

43
Q

identity thieves have been combing through the mail to find documents that hold personal information

A

MAIL THEFT

44
Q

scammers use email and text messages and other forms of electronic communication to steal your sensitive information

A

PHISHING AND SPAM ATTACKS

45
Q

Wi-Fi—hackers may be able to “eavesdrop” on your connection.

A

WI-FI HACKING

46
Q

Smartphones are a treasure trove of information for identity thieves, especially if your apps allow you to log in automatically without a password or fingerprint

A

MOBILE PHONE THEFT

47
Q

Once a thief has your information, they can do several things with it,

A
  1. open fraudulent credit cards
  2. file phony health insurance claims
  3. make unauthorized purchases
  4. sell it to other thieves
  5. file fraudulent tax return
  6. steal your money
  7. commit child identity theft
48
Q

Here are some ways you can check for identity theft:

A
  • monitor credit score
  • keep an eye on your credit reports
  • look at your bills
  • read your email
49
Q

The steps you’ll take can vary based on the type of fraud committed, but here are some general things you can do

A
  1. contact your bank
  2. review credit reports
  3. freeze credit
  4. file identity theft
  5. file police report
  6. harrowing experience
50
Q

traced back to the Magna Carta, a 13th-century document that outlined the relationship between the English monarchy, the Church, and feudal barons

A

due process

51
Q

Types of due process

A
  • procedural due process
  • substantive due process
52
Q

requires that when the federal government acts in a way that denies a citizen of a life, liberty, or property interest, the person must be given notice, the opportunity to be heard, and a decision by a neutral decision make

A

Procedural due process

53
Q

principle allowing courts to protect certain fundamental rights from government interference, even if procedural protections are present or the rights are not specifically mentioned elsewhere in the U.S. Constitution

A

Substantive due process

3RD YEAR - SECOND SEM (25 decks)

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