technologies' impact on privacy Flashcards
The Philippines has no specific law on ???
privacy
The Philippines has no specific law on privacy. However, the ??? tried to provide under its:
??? provisions for the right to privacy, namely:
Section ???. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.
1987 Constitution
Article III (Bill of Rights)
3
the right of the people to information on matters of public concern shall be recognized.
Section 7, Article III of the Constitution
In [year], then President Fidel Ramos issued Administrative Order No. 308 adopting a National Computerized Identification System.
1996
In 1996, then [person] issued Administrative Order No. 308 adopting a National Computerized Identification System.
President Fidel Ramos
In 1996, then President Fidel Ramos issued ??? adopting a National Computerized Identification System.
Administrative Order No. 308
In 1996, then President Fidel Ramos issued Administrative Order No. 308 adopting a
National Computerized Identification System
also emphasized that the right to privacy does not bar all incursions into the right to individual privacy.
The Supreme Court
Why was Administrative Order No. 308 declared unconstitutional by the Supreme Court?
It violated the right to privacy
What does the Supreme Court emphasize about the right to privacy?
It requires the law to be narrowly focused
is a constitutional right, granted recognition independently of its identification with liberty.
The Right to privacy
are also recognized and protected in our laws, including certain provisions of the Civil Code and the Revised Penal Code, as well as in special laws (e.g., Anti-Wiretapping Law, the Secrecy of Bank Deposit Act and the Intellectual Property Code).
Zones of privacy
No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.
Article III (Bill of Rights) Section 4
“No person shall be detained solely by reason of his political beliefs and aspirations.”
Article III Section 18
Under ???, libel is defined as a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance tending to discredit or cause the dishonor or contempt of a natural or juridical person, or to blacken the memory of one who is dead.
Article 353 of the Revised Penal Code of the Philippines
Under Article 353 of the Revised Penal Code of the Philippines, ??? is defined as a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance tending to discredit or cause the dishonor or contempt of a natural or juridical person, or to blacken the memory of one who is dead.
libel
the elements of libel are: (4)
(a) imputation of a discreditable act or condition to another;
(b) publication of the imputation;
(c) identity of the person
defamed; and,
(d) existence of malice.
Under ???, libel may be committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means.
Article 355 of the Revised Penal Code
Under Article 355 of the Revised Penal Code, ??? may be committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means.
libel
Persons Responsible for libel
Any person who shall publish, exhibit, or cause the publication or exhibition of any defamation in writing or by similar means
Republic Act 10175
cybercrime prevention act of 2012
offenses against the confidentiality, integrity and availability of computer data and systems: (3)
illegal access
illegal interception
cyber-squatting
The access to the whole or any part of a computer system without right
illegal Access
The interception made by technical means without right of any non-public transmission of computer data to, from, or within a computer system including electromagnetic emissions from a computer system carrying such computer data.
Illegal Interception
The acquisition of a domain name over the internet in bad faith to profit, mislead, destroy reputation, and deprive others from registering the same, if such a domain name is.
Cyber-squatting
Computer-related Offenses:
Computer-related Forgery
computer-related forgery:
(i) The (3) of any computer data without right resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless whether or not the data is directly readable and intelligible; or
input, alteration, or deletion
computer-related forgery:
(ii) The act of knowingly using ??? which is the product of computer-related forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest design.
computer data
Content-related Offenses:
(2)
cybersex
child pornography
The willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration.
cybersex
The unlawful or prohibited acts defined and punishable by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer system: Provided, that the penalty to be imposed shall be (1) one degree higher than that provided for in Republic Act No. 9775.
child pornography
Child Pornography. — The unlawful or prohibited acts defined and punishable by ???, committed through a computer system
Republic Act No. 9775 or the Anti-Child Pornography Act of 2009
Any person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable.
Aiding or Abetting in the Commission of Cybercrime
Any person found guilty of the punishable act under Section 4(a)(5) shall be punished with
- imprisonment of prison mayor or
- a fine of not more than PhP500,000.00 or both.
Any person found guilty of any of the punishable acts enumerated in Section 4(c)(1) of this Act shall be punished with
- imprisonment of prison mayor or
- a fine of at least PhP200,000.00 but not exceeding PhP1,000,000.00 or both.
Data Privacy Act (DPA) of 2012
Official Name:
Republic Act No. 10173
Data Privacy Act (DPA) of 2012
passed by: ???
Year Passed:
Implemented:
Philippines Congress
2012
2016
Data Privacy Act (DPA) of 2012
Purpose& Protection:
Ensure free flow of information to promote innovation and growth
Protects users’ right to privacy
All personal data must have ??? reasons for collection as well as should be clear to both parties giving and receiving information. With that being said, all collection must be done with the customer the customers‘ proper ???.
legitimate;
consent
refers to any information, whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.
personal information
refers to any freely given, specific, informed indication of will, whereby the data subject agrees to the collection and processing of personal information about and/or relating to him or her.
consent of the data subject
All personal information used must also be relevant solely used for its intended and state purposes.
Data collectors/companies
Steps do I need to take in compliance with the Data Privacy Act
1.Appointing a Data Protection Officer
2.Conducting a privacy impact assessment
3.Creating a privacy knowledge management program.
