Advantages and Disadvantages of Republic ACT 10173 and RA 10175

Advantages and Disadvantages of RA 10173 and RA 10175 on our country’s e-Commerce Security infrastructure especially on the e-entrepreneurs.

 Republic Act No. (RA 10173) or Data Privacy Act of 2012 was approved by PNOY last August 15, 2012. It is an act protecting individual personal information in Information and Communication System in the Government and Private Sector, creating for this purpose a National Privacy Commission and for other purposes. The National Privacy Commission will administer and implement the provisions of this Act and to monitor and ensure compliance of the country with International Standard sets for data protection. it was approved last August 15, 2012 and the scope of this law is  applies to the processing of all types of personal information and to any natural or juridical person involved in personal information processing including those personal information controllers and processors who, although not found in the Philippines, use equipment that are located in the Philippines or those who maintain an office, branch or agency in the Philippines subject to succeeding paragraph; provided that the requirements of section 5 are complied with.  Any combination or series of acts as defined in section 25-32 shall make the person subject to imprisonment ranging from 3-6 years and a fine of not less than 1 Million but not more than 5 Million pesos. The effectively is 15 days after publication on at least 2 national newspapers of general circulation. Who will benefit for this newly approved Data Privacy Act? It is seen that Information Technology (IT) and Business Process Outsourcing (BPO) industry by making it in line with International Standards of Privacy protection will benefit the most. (http://gb-sb.blogspot.com/2012/08/what-is-ra-10173-or-data-privacy-act-of.html)

(RA 10175) or Cyber Crime Prevention Act of 2012

The Republic Act No. 10175 or the cyber-crime prevention act is is a Philippine Republic Act signed by President Aquino on 12 September 2012. It aims to address legal issues concerning online interactions. Among the cyber crime offenses included in the bill are cyber squatting, cyber sex  child pornography, identity theft, illegal access to data and libel. But the new Act received mixed reactions upon its enactment especially on the grounds of freedom of expression, freedom of speech and data security. Several petitions are currently submitted to the Supreme Court of the Philippines questioning the constitutionality of the Act.

Advantages and Disadvantages

  • Commission shall refer to the National Privacy Commission created by virtue of this Act

  •  Consent of the data subject 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 shall be evidenced by written, electronic or recorded means. It may also be given on behalf of the data subject by an agent specifically authorized by the data subject to do so.

  • Data subject refers to an individual whose personal information is processed.

  • Direct marketing refers to communication by whatever means of any advertising or marketing material which is directed to particular individuals.

  • Filing system refers to any act of information relating to natural or juridical persons to the extent that, although the information is not processed by equipment operating automatically in response to instructions given for that purpose, the set is structured, either by reference to individuals or by reference to criteria relating to individuals, in such a way that specific information relating to a particular person is readily accessible.

  • Information and Communications System refers to a system for generating, sending, receiving, storing or otherwise processing electronic data messages or electronic documents and includes the computer system or other similar device by or which data is recorded, transmitted or stored and any procedure related to the recording, transmission or storage of electronic data, electronic message, or electronic document.

  • Personal information 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 controller refers to a person or organization who controls the collection, holding, processing or use of personal information, including a person or organization who instructs another person or organization to collect, hold, process, use, transfer or disclose personal information on his or her behalf.

Benefits and Advantages of RA 10175

  • Business on the internet are protected with this law.

  • Cyber Sex and Cyber Bullying is now a crime and punishable.

  • Tech knowledge for government will be lift up to combat cyber crimes such as hacking and theft.

Other Advantages and Disadvantages

  • Access refers to the instruction, communication with, storing data in, retrieving data from, or otherwise making use of any resources of a computer system of communication network.

  • Alteration refers to the modification or change, in form or substance, of an existing computer data or program.

  • Communication refers to the transmission of information through ICT media, including  voice, video, and other forms of data.

  • Computer refers to an electronic, magnetic, optical, electromechanical, or other data processing or communications device, or grouping of such devices, capable of performing logical, arithmetic, routing, or storage functions and which includes any storage facility, or equipment or communications facility or equipment directly related to or operating in conjunction with such device. It covers any type of computer device including devices with data processing capabilities like mobile phones, smart phones, computer networks and other devices connected to the Internet.

  • Computer data refers to any representation of facts, information, or concepts in a form suitable for processing in a computer system including a program suitable for processing in a computer system including a program suitable to cause oa computer system to perform a function and includes electronic documents and / or electronic data messages whether stored in local computer systems or online.

  • Computer program refers to a set of instructions executed by the computer to achieve intended results.

  • Computer system refers to any device or group of interconnected or related devices, one or more of which pursuant to a program, performs automated processing of data. It covers any type of device with data processing capabilities including, but not limited to, computers and mobile phones. The device consisting of hardware and software may include input, output and storage components which may stand alone or be connected in a network or other similar devices. It also includes computer data storage devices or media.

  • Without right refers to either: (i) conduct undertake without or in excess of authority; or (ii) conduct not covered by established legal defenses, excuses, court orders, justifications, or relevant principles under the law.

  • Cyber refers to a computer or a computer network, the electronic medium in which online communication takes place.

  • Critical infrastructure refers to the computer systems, and / or networks, whether physical or virtual, an / or the computers, computer data and / or traffic data so vital to this country that the incapacity or destruction of or interference with such system and assets would have debilitating impact on security, national or economic security, national public health and safety, or any combination of those matters.

  • Cybersecurity refers to the collection of tools, policies, risk management approaches, actions, training, best practices, assurance and technologies that can be used to protect the cyber environment and organization and user’s assets.

  • Database refers to a representation of information, knowledge, facts, concepts or instructions which are being prepared, processed, or stored or have been prepared, processed or stored in a formalized manner and which are intended for use in a computer system.

  • Interception refers to listening to, recording, monitoring or surveillance of the content of communications, including procuring of the content of data, either directly, through access and use of a computer system or indirectly, through the use of electronic eavesdropping or tapping devices, at the same time that the communication is occurring.

  • Service provider refers to any public or private entity that provides to users of its service the ability to communicate by means of a computer system, and any other entity that processes or stores computer data on behalf of such communication service or users of such service.

  •  Subscriber’s information refers to any information contained in the form of computer data or any other form that is held by a service provider, relating to subscribers of its services other than traffic or content data and by which identity can be established.

Reaction

The new Act received mixed reactions from several sectors upon its enactment, particularly with how its provisions could potentially affect freedom of expressionfreedom of speech and data security in the Philippines.

The local business process outsourcing industry has received the new law well, citing an increase in the confidence of investors due to measures for the protection of electronic devices and online data.[4]Media organizations and legal institutions though have criticized the Act for extending the definition of libel as defined in the Revised Penal Code of the Philippines, which has been criticized by international organizations as being outdated:[5] the United Nations for one has remarked that the current definition of libel as defined in the Revised Penal Code is inconsistent with the International Covenant on Civil and Political Rights, and therefore violates the respect of freedom of expression.[6]

Senator Edgardo Angara, the main proponent of the Act, defended the law by saying that it is a legal framework to protect freedoms such as the freedom of expression. He asked the Act’s critics to wait for the bill’s implementing rules and regulations to see if the issues were addressed.[7] He also added that the new law is unlike the controversial Stop Online Piracy Act and PROTECT IP Act.[8] However, SenatorTeofisto Guingona III criticized the bill, calling it a prior restraint to the freedom of speech and freedom of expression.[9]

Several petitions have been submitted to the Supreme Court questioning the constitutionality of the Act.[10] However, on October 2, the Supreme Court deferred on acting on the petitions, citing the absence of justices which prevented the Court from sitting en banc.[11] The lack of a TRO meant that the law went into effect as scheduled on October 3. In protest, Filipino netizens reacted by blacking out theirFacebook profile pictures and trending the hashtag #notocybercrimelaw on TwitterAnonymous also defaced government websites, including those of the Bangko Sentral ng Pilipinas, the Metropolitan Waterworks and Sewerage System and the Intellectual Property Office.

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