Other Cybercrime Laws
in the Philippines
PRIVACY, RA 10173, RA 11055,
RA 9995, RA 8484
Saint Louis University - SAMCIS Clarenz B. Magsakay Laws on Computer and Data Privacy Sunday, 3 May 2020 1
The concept of
PRIVACY
PRIVACY UNDER THE CIVIL CODE
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The Right to Privacy
This is the right of an individual "to be free from
unwarranted publicity, or to live without
unwarranted interference by the public in
matters in which the public is not necessarily
concerned.”
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Question and Cases
Question: Does the state (government) have the right to
disturb private individuals in their homes?
Answer:
The State recognizes the right of the people to be
secure in their houses. No one, not even the State,
except "in case of overriding social need and then only
under the stringent procedural safeguards," can disturb
them in the privacy of their homes.
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Privacy in the Civil Code
Art. 26. of the Civil Code of the Philippines:
Every person shall respect the dignity, personality,
privacy and peace of mind of his neighbors and other
persons.
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Prohibited Acts
1. Prying into the privacy of another's residence;
2. Meddling with or disturbing the private life or family
relations of another;
3. Intriguing to cause another to be alienated from his
friends;
4. Vexing or humiliating another on account of his
religious beliefs, lowly station in life, place of birth,
physical defect, or other personal condition.
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Questions and Cases
Question: (wrt Hing vs Choachuy, 2013)
May an individual install surveillance cameras on his own
property facing the property of another?
Answer:
NO. A man’s house is his castle, where his right to
privacy cannot be denied or even restricted by others. It
includes any act of intrusion into, peeping or
peering inquisitively into the residence of another
without the consent of the latter.
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Questions and Cases
On the installation of cameras:
The installation of surveillance cameras, should not
cover places where there is reasonable
expectation of privacy, unless the consent of the
individual, whose right to privacy would be affected, was
obtained.
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Questions and Cases
Question: (wrt Pollo vs. David, 2011)
May government employer conduct search of office
computer without the consent of the employee-user?
Answer:
Yes, provided there was no actual expectation of privacy
either in his office or government-issued computer
which contained his personal files.
Saint Louis University - SAMCIS Clarenz B. Magsakay Laws on Computer and Data Privacy Sunday, 3 May 2020 9
Questions and Cases
Consider the following:
Does an employee / student have a reasonable
expectation of privacy in the workplace / school?
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Questions and Cases
According to a court decision, employees in workplace
have less or no expectation of privacy. Similarly, students
have less or no expectation of privacy within school
grounds.
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Questions and Cases
Case: (Zulueta vs C.A., 1996)
◦Cecilia is the wife of Alfredo, a doctor of medicine.
◦Cecilia entered the clinic of her husband and in the presence
of witnesses, forcibly opened the drawers and cabinet and
took 157 documents consisting of private
correspondence between Dr. Martin and his alleged
paramours, greetings cards, cancelled checks, diaries,
Dr. Martin’s passport, and photographs.
◦Said items were used as evidence in legal separation case.
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Questions and Cases
Question:
Was the right to privacy of Dr. Alfredo Martin violated?
Saint Louis University - SAMCIS Clarenz B. Magsakay Laws on Computer and Data Privacy Sunday, 3 May 2020 13
Questions and Cases
Answer:
YES. In the decision of the court: “A person, by
contracting marriage, does not shed his/her integrity or
his right to privacy as an individual and the constitutional
protection is ever available to him or to her.”
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Questions and Cases
With respect to the legal separation case, what was the
decision of the court?
The documents and papers are inadmissible in evidence.
The Court held: “the intimacies between husband and
wife do not justify any one of them in breaking the
drawers and cabinets of the other and in ransacking
them for any telltale evidence of marital infidelity.”
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R.A. 10173:
Data Privacy Act of 2012
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Photo and Video
Voyeurism Act of 2009
REPUBLIC ACT 9995
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Punishable Acts
1. The unconsented taking of a photo or video of a
person or group of persons engaged in a sexual act or any
similar activity, or capturing an image of the private area of
a person, under circumstances in which the said person has
a reasonable expectation of privacy;
2. The copying or reproduction of such photo or
video recording of the sexual act;
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Punishable Acts
3. The selling or distribution of such photo or video
recording;
4. The publication or broadcasting, whether in
print or broadcast media, or the showing of such
sexual act or any similar activity through
VCD/DVD, the internet, cellular phones, and other
similar means or devices without the written
consent of the persons featured.
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Cases and Questions
Question: What does the “private area of a
person” include?
The “private area of a person” includes naked or
undergarment-clad genitals, pubic area, buttocks, or the
female breast.
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Cases and Questions
Question: What does it mean to have a
reasonable expectation of privacy?
1. When the person believes that one could
undress in privacy without being concerned that an image of
him or her is being taken; and
2. When a reasonable person would believe that
one’s private area would not be visible
regardless of whether the person is in a public
or private place.
Saint Louis University - SAMCIS Clarenz B. Magsakay Laws on Computer and Data Privacy Sunday, 3 May 2020 21
Cases and Questions
Question: Will one be liable for the noncommercial
copying or reproduction of said photo or video?
Yes. The mere copying or reproduction of said
material will make one liable under the law
regardless of the reason or whether one profits or not
from such act. The mere showing of the material on one’s
cellphone would violate the law.
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Cases and Questions
Question: The persons in the photo knew and
consented to the video recording or taking of the photo; can I
reproduce, distribute, or
broadcast it?
No. If the person merely consented to the taking of the photo
or the video recording and did not give written consent for
its reproduction, distribution, and broadcasting, then anyone
committing the said acts shall be held liable.
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Cases and Questions
Question: Does RA 9995 cover peeping toms?
No. It only covers situations where there was
capturing, photographing, recording or copying of sexual
acts or private parts. But may still be subjected to other
civil or criminal cases.
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Penalty
The penalty for the commission of any of the said
prohibited acts would incur a penalty of
3 years to 7 years imprisonment AND a fine of
P100,000.00 to P500,000.00
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Purpose
1. Protects the privacy of individuals while ensuring
free flow of information to promote innovation and
growth.
2. Regulates the collection, recording, organization,
storage, updating or modification, retrieval,
consultation, use, consolidation, blocking, erasure or
destruction of personal data.
3. Ensures that the Philippines complies with
international standards set for data protection.
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Definitions
1. Personal Information Controller
◦The individual, corporation, or body who decides what
to do with data.
2. Personal Information Processor
◦One who processes data for a Personal Information
Controller. The PIP does not process information for
the PIP’s own purpose.
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Definitions
3. Consent
◦Where the data subject agrees to the collection and
processing of his personal data. The agreement must
inform:
◦purpose, nature, and extent of processing;
◦period of consent/instruction;
◦rights as a data subject
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Definitions
4. Breach
◦A security incident that:
◦Leads to unlawful or unauthorized processing of
personal, sensitive, or privileged information;
◦Compromises the availability, integrity, or
confidentiality of personal data.
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PERSONAL INFORMATION
PERSONAL INFORMATION SENSITIVE PERSONAL INFO
Refers to any information or opinion This is a type of personal information
about a particular individual that that may be used to harm or
can be used in identifying a person. discriminate other people when
This includes: mishandled. This include:
◦ name ◦ race or ethnic origin;
◦ address ◦ political opinions
◦ phone number ◦ religious affiliations;
◦ date of birth ◦ criminal record;
◦ E-mail address ◦ biometric information.
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Applicability of RA 10173
Applies to:
◦Anyone who processes data. (To process a data is NOT a right.)
Does not apply in the following situations:
◦A PIC cannot say that the consent of a public officer is
necessary before information that falls within matters of public
concern is released.
◦A PIC cannot raise the Data Privacy Act to be exempt from FOI.
◦Personal data in publication or exhibition is subject to established
limits on freedom of press and expression.
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Processing Personal Information
The processing of personal information shall be
allowed and shall adhere to the following:
◦Principles of transparency;
◦Legitimate purpose; and
◦Proportionality
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PRINCIPLE OF TRANSPARENCY
The data subject must know:
◦The kind of personal data collected
◦How the personal data will be collected
◦Why personal data will be collected
The data processing policies of the PIC must be known to
the data subject.
The information to be provided to the data subject must be
in clear and plain language.
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Legitimate Purpose Principle
Data collected must be always be collected only for the
specific, explicit, and legitimate purposes of the PIC.
Data that is not compatible with the purpose for which
the data was collected shall not be processed.
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PRINCIPLE OF PROPORTIONALITY
The processing of personal data should be limited to
such processing as is adequate, relevant, and not
excessive in relation to the purpose of the data
processing.
Efforts should be made to limit the processed data to
the minimum necessary.
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PROCESSING SENSITIVE PERSONAL INFO.
1. The data subject has given his or her consent;
2. The processing of personal information is necessary and
is related to the fulfillment of a contract with the
data subject or in order to take steps at the request of
the data subject prior to entering into a contract;
3. The processing is necessary for compliance with a
legal obligation to which the personal information
controller is subject;
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PROCESSING SENSITIVE PERSONAL INFO.
4. The processing is necessary to protect vitally important
interests of the data subject, including life and health;
5. The processing is necessary in order to respond to
national emergency, to comply with the requirements
of public order and safety, or to fulfill functions of public
authority (…); or
6. The processing is necessary for the purposes of the
legitimate interests pursued by the personal
information controller (…), except where such
interests are overridden by fundamental rights and
freedoms of the data subject (…).
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Rights of the Data Subject
1. Right to be informed.
2. Right to object.
3. Right to access.
4. Right to rectification.
5. Right to erasure or blocking.
6. Right to damages.
7. Right to data portability.
8. Right to file a complaint.
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1. Right to be Informed
The right to be informed that personal data shall be,
are being, or have been processed, including the
existence of automated decision-making and profiling
The disclosure must be made before the entry of the
data into the processing system or at the next
practical opportunity
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2. Right to Object
The right to object to the processing of personal data,
including processing for direct marketing,
automated processing, or profiling.
Includes the right to be notified and given an
opportunity to withhold consent to the processing in
case of any changes or any amendment to the
information supplied or declared.
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2. Right to Object
Exceptions in the right to object:
◦Personal data is needed pursuant to a subpoena
◦Processing is for obvious purposes
◦Necessary for or related to a contract or service to which the
data subject is a party; or
◦Necessary or desirable in an employer-employee relationship
◦Information is being processed as a result of a legal
obligation.
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3. Right to Access
The right to find out whether a PIC holds any personal
data about you.
The right to reasonable access to personal data that were
processed, sources of personal data, names and addresses
of recipients, manner/method of processing, information on
automated process, date when personal data was last
accessed and modified, designation, name or identity, and
address of the PIC
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4. RIGHT TO RECTIFICATION
The right to dispute the inaccuracy or error in
the personal data and have the PIC correct it
immediately.
Includes access to new and retracted information, and
simultaneous receipt thereof.
Recipients previously given erroneous data must be
informed of inaccuracy and rectification upon reasonable
request of the data subject.
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5. RIGHT TO ERASURE OR BLOCKING
The right to suspend, withdraw, or order the
blocking, removal, or destruction of his or her
personal information from the personal
information controller’s filing system
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5. RIGHT TO ERASURE OR BLOCKING
Availability of the right to block:
◦Incomplete, outdated, false, or unlawfully obtained.
◦Used for unauthorized purposes.
◦No longer necessary for purposes of collection.
◦Private information prejudicial to data subject, unless
justified by freedom of speech, expression, or of the press.
◦Data subject withdraws consent and objects to the
processing, and there is no other legal ground or overriding
legitimate interest.
◦Processing is unlawful.
◦PIC or PIP violated the rights of the data subject.
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6. RIGHT TO DAMAGES
The right to be indemnified for any damages
sustained due to inaccurate, incomplete,
outdated, false, unlawfully obtained, or
unauthorized use of personal data.
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7. RIGHT TO DATA PORTABILITY
The right to obtain a copy of data undergoing
processing in an electronic or structured format,
commonly used, and allows for further use by the data
subject.
Takes into account the right to have control over
personal data being processed based on consent,
contract, for commercial purposes, or through
automated means.
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8. RIGHT TO FILE A COMPLAINT
In circumstances wherein the PIC or the PIP has
breached the privacy of the data subject, a complaint may
be filed through [email protected]
National Privacy Commission – Government agency
responsible for implementing R.A. 10173.
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Questions and Cases
Question: May a teacher/professor search the contents
of a student’s cellular phone?
Answer:
NO. Any search through a student’s cellular phone
without justification under a law or regulation is
UNLAWFUL, and may be construed as unauthorized
processing under Section 25 of the DPA.
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Questions and Cases
Exceptions:
1. With student’s consent (not applicable if minor)
2. When required by the student’s life and health, or
by national emergency.
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Questions and Cases
Question: Is good faith or lack of intent to
violate DPA a valid defense in a criminal case?
Answer:
NO. Although DPA is silent, it is a basic rule
that criminal intent is not necessary to be liable
for violation of a special penal law.
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Questions and Cases
Question: Is an implied form of consent valid?
Example:
“By continuing to avail of xxx products and
services:, you explicitly authorize xxx, its employees, duly
authorized representatives, related companies and third-
party service providers, to use, process and share
personal data needed in the administration of your xxx”
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Questions and Cases
Answer:
INVALID. An implied or inferred consent is not
recognized in this jurisdiction. The PIC or PIP must
never assume the data subject’s consent for any
activity involving his or her personal information
unless otherwise allowed by law.
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Questions and Cases
Explanation:
Consent under the DPA has three requirements:
1. Freely given.
2. Specific.
3. Informed indication of will.
◦ None of the three requirements were met by the implied
form of consent..
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Questions and Cases
Question: Are handwritten signatures are
considered sensitive personal information?
Answer:
NO. But they may be considered personal
information when used to identify an individual.
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Questions and Cases
Question: Are username, password, IP and MAC
address, location cookies and birthday (month and day
only) are considered personal information?
Answer:
YES, but only when they are combined with other
pieces of information that may allow an individual to be
distinguished from others.
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Prohibited Acts
1. Unauthorized processing of personal information and
sensitive personal information.
◦Process (sensitive) personal information without the consent
of the data subject or without being authorized under the
Data Privacy Act or any other law.
2. Accessing personal information and sensitive personal
information due to negligence.
◦Provided access to (sensitive) personal information due to
negligence or was unauthorized under the Data Privacy Act
or any existing law.
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Prohibited Acts
3. Improper disposal of (sensitive) personal information.
◦Negligently dispose, discard or abandon the (sensitive) personal
information of an individual in an area accessible to the public or
placed the (sensitive) personal information of an individual in a
container for trash collection.
4. Processing of personal information and sensitive
personal information for unauthorized purposes.
◦Process personal information for purposes not authorized by the
data subject or not otherwise authorized by the Data Privacy Act
or under existing laws.
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Prohibited Acts
5. Unauthorized access or intentional breach.
◦Knowingly and unlawfully violate data confidentiality and
security data systems where personal and sensitive personal
information is stored.
6. Malicious disclosure.
◦Discloses to a third party unwarranted or false
information with malice or in bad faith relative to any
(sensitive) personal information obtained by such PIC or PIP.
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Questions and Cases
Case: (Vivares v. St.Theresa's College, G.R. No. 202666, September 29, 2014)
Julia and Julienne were both minors and graduating students of
St. Theresa's College (STC). In a beach party, they took pictures
of themselves only in their undergarments. These pictures were
uploaded by their friend Angela on her Facebook account.
Using STC’s computers, the students of Escudero (computer
teacher) logged in to their respective personal Facebook
accounts and showed her photos of Julia, Julienne and other
students.
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Questions and Cases
Case: (Vivares v. St.Theresa's College, G.R. No. 202666, September 29, 2014)
After STC’s investigation, Julia, Julienne, Angela and
other students involved were barred from joining
the commencement exercises.
Defense:
Photos were viewable only to the five of them, thus their
right to privacy was violated.
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Questions and Cases
Case: (Vivares v. St.Theresa's College, G.R. No. 202666, September 29, 2014)
Decision:
It is suggested, that a profile, or even a post, with
visibility set at "Friends Only" cannot easily, more
so automatically, be said to be "very private,“
contrary to petitioners’ argument.
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Questions and Cases
Case: (Vivares v. St.Theresa's College, G.R. No. 202666, September 29, 2014)
Decision: No invasion of privacy by STC.
Respondents were mere recipients of what were
posted. They did not resort to any unlawful
means of gathering the information as it was
voluntarily given to them by persons who had
legitimate access to the said posts.
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Questions and Cases
Case: (Vivares v. St.Theresa's College, G.R. No. 202666, September 29, 2014)
Decision: “FRIENDS ONLY” SETTING NOT ENOUGH
A friend of your friend (the former not being your friend) can
still view your “for Friends Only” photo under certain
circumstances:
◦The user’s own Facebook friend can share said content or tag his or
her own Facebook friend thereto, regardless of
whether the user tagged by the latter is Facebook friends
or not with the former.
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Questions and Cases
Case: (Vivares v. St.Theresa's College, G.R. No. 202666, September 29, 2014)
Decision: “FRIENDS ONLY” SETTING NOT ENOUGH
◦Also, when the post is shared or when a person is tagged, the
respective Facebook friends of the person who shared the
post or who was tagged can view the post, the privacy setting
of which was set at "Friends."
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Philippine Identification
System Act
R.A. 11055
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Purpose
To establish a single national identification system
referred to as the “Philippine Identification System”
or the “PhilSys” for all citizens and residents of the
Philippines.
To provide a valid proof of identity for them as a
means of simplifying public and private transactions.
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Relevant Provisions
◦The management, maintenance, and administration of
the PhilSys shall carried out by the Philippine
Statistics Authority.
◦Each citizen / resident alien is required to have a Phil.
ID.
◦The initial application and issuance, as well as renewal
of the Phil. ID. is free of charge for Filipino citizens;
however, reissuance or replacement has a standard fee.
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Included Data
Required:
Full name, sex, date and place of birth, blood type,
address, biometric information, and if he or she is a
Filipino citizen or a resident alien.
Optional:
Marital status, mobile number, and e-mail address.
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Privacy Concerns
◦The government would have access to all the
transactions entered into by the individual
using the Phil. ID.
◦The possibility that such data collected may
be used for purposes other than the law’s
purpose of identity verification.
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