GIT: Living in the IT Era

LECTURE 10 (COMPUTER AND DATA PRIVACY)

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Through the interactive ppt
presentation, you should be able to:
describe what right to privacy is;

appreciate the Data Privacy Act by

applying it in your works; and

exercise your right as a data subject.

2
 RIGHT TO PRIVACY
• It 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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RIGHT TO PRIVACY AGAINST
THE STATE
• 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.

4
RIGHT
TO
PRIVACY • Article 26 – Every person shall
respect the dignity, personality,
UNDER privacy and peace of mind of his
THE neighbors and other persons.
CIVIL
CODE
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 • Prohibited Acts:
o Prying into the privacy of
RIGHT another's residence;
TO o Meddling with or disturbing the
private life or family relations of
PRIVACY another;
UNDER o Intriguing to cause another to be
THE alienated from his friends;
o Vexing or humiliating another on
CIVIL account of his religious beliefs,
CODE lowly station in life, place of birth,
physical defect, or other personal
condition.
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 “The right to privacy is the right to be left alone.”

Spouses Bill and Victoria Hing put up a fence allegedly

without a permit, that would damage the wall of Aldo
Goodyear Servitec.

HING v. CHOACHUY (2013)

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May an individual install surveillance cameras on his own
property facing the property of another?

What do you think?

Click here for the
answer

HING v. CHOACHUY (2013)

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May an individual install surveillance cameras on his own
property facing the property of another?

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.

HING v. CHOACHUY (2013)

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 Privacy extends to a business office

A business office is entitled to the same privacy when the

public is excluded therefrom and only such individuals as
are allowed to enter may come in.

HING v. CHOACHUY (2013)

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This case involves a search of office computer assigned
to a government employee who was charged
administratively and eventually dismissed from the
service. The employee’s personal files stored in the
computer were used by the government employer as
evidence of misconduct.

POLLO v. DAVID (2011)

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May government employers conduct search of office computer
without the consent of the employee-user?
Click your answer

POLLO v. DAVID (2011)

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Yes, provided there was no actual (subjective) expectation of
privacy either in his office or government-issued computer
which contained his personal files. Subjective expectation to
privacy in case would mean that the employee put a security
password on the computer and/or his personal files.

POLLO v. DAVID (2011)

Click here to go back
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But actually the answer is YES, provided there was no
actual (subjective) expectation of privacy either in his
office or government-issued computer which contained
his personal files. Subjective expectation to privacy in
case would mean that the employee put a security
password on the computer and/or his personal files.

POLLO v. DAVID (2011)

Click here to go back
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Consider the following:

1. Government-issued or personal computer

2. Workplace privacy policy
3. Actions by employees to maintain privacy on the item

POLLO v. DAVID (2011)

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May an employer install CCTV with audio inside the
workplace?
Click your answer
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 ACTUALLY…

• There hasn’t been any case decided yet.

• However, in Pollo case, it was held that employees in
workplace have less or no expectation of privacy
• Objection: Issue of wiretapping when private conversations
are recorded.
• The installation of a CCTV camera with audio cannot be
considered tapping a wire or cable.

May an employer install CCTV with audio inside the

workplace?
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Zulueta entered the clinic of her husband, a doctor of
medicine, and in the presence of witnesses, forcibly
opened the drawers and cabinet in her husband's clinic
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.

ZULUETA v. CA/MARTIN (1996)

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Was the right to privacy of Dr. Martin violated?
Click your answer

ZULUETA v. CA/MARTIN (1996)

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• Thus 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.”

ZULUETA v. CA/MARTIN (1996)

Click here to go back
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 But the correct answer is YES.
• Thus 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.”

ZULUETA v. CA/MARTIN (1996)

Click here to go back
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Would the Zulueta ruling be applicable to smartphones and
social media accounts of spouses?
Click your answer
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 Yes! Spouses need to express their consent.

Would the Zulueta ruling be applicable to smartphones

and social media accounts of spouses?
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But spouses still need to express their consent in order
for one spouse to legally inspect the smartphone and
social media account of the other spouse.

Would the Zulueta ruling be applicable to

smartphones and social media accounts of
spouses?
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Republic Act 10173
(Data Privacy Act of
2012)

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RA 10173: Data Privacy Act of 2012
• It protects the privacy of individuals while ensuring free flow of
information to promote innovation and growth
• It regulates the collection, recording, organization, storage,
updating or modification, retrieval, consultation, use,
consolidation, blocking, erasure or destruction of personal data;
and
• It ensures that the Philippines complies with international
standards set for data protection through National Privacy
Commission (NPC).

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RA 10173: Data Privacy Act of 2012
• Personal Information Controller (PIC)
o The individual, corporation, or body who decides what to do with data.
The PIC is NOT the employee, chief information officer, or data
protection officer.
o i.e. doctors, pharmacists, banks, clubs, societies, etc.
• Personal Information Processor (PIP)
o One who processes data for a Personal Information Controller. By
definition, the PIP does not process information for the PIP’s own
purpose.
o i.e. accountancy firms and market research firms

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RA 10173: Data Privacy Act of 2012
• Consent
o Where the data subject agrees to the collection and processing of his
personal data. The agreement must inform:
a) purpose, nature, and extent of processing;
b) period of consent/instruction; and
c) rights as a data subject.

• Breach – A security incident that:

o Leads to unlawful or unauthorized processing of personal, sensitive,
or privileged information
o Compromises the availability, integrity, or confidentiality of personal
data

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RA 10173: Data Privacy Act of 2012
PERSONAL INFORMATION SENSITIVE PERSONAL INFORMATION

• Information from which the • About an individual’s genetic or

identity of an individual is sexual life of a person, or to any
apparent or can be reasonably proceeding for any offense
and directly ascertained by the committed or alleged to have
entity, or when put with other been committed or the race,
information would certainly marital status, age, color, and
identify an individual religious or political affiliations;
•.i.e. name, address, phone • i.e. social security number,
number or email address health records, licenses
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RA 10173: Data Privacy Act of 2012
PERSONAL INFORMATION SENSITIVE PERSONAL INFORMATION

• Processing of personal • The processing of sensitive

information is allowed unless personal information is
explicitly prohibited by law, prohibited unless certain criteria
where one of several conditions are met.
are met.

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 Applicability

•The Data Privacy Act applies to all who process

personal data.
RA 10173: •The processing of personal data is not a right.
Data
Privacy Non-applicability

Act of •A PIC cannot say that the consent of a public

2012 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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RA 10173: Data Privacy Act of 2012
•Non-applicability
o Law enforcement does not need to get consent of the data subject
when it gathers personal data in an investigation.
o Banks do not need consent from the data subject before submitting
transaction reports to the Anti-Money Laundering Council.

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33
RA 10173: Data Privacy Act of 2012
• Principle of TRANSPARENCY
o The data subject must know:
▪ The kind of personal data collected
▪ How the personal data will be collected
▪ Why personal data will be collected
o The data processing policies of the PIC must be known to the data
subject
o The information to be provided to the data subject must be in clear and
plain language

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RA 10173: Data Privacy Act of 2012
• Principle of LEGITIMATE PURPOSE
o Data collected must be always be collected only for the specific,
explicit, and legitimate purposes of the PIC.
o No processing of data that is not compatible with the purpose for which
the data was collected.

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RA 10173: Data Privacy Act of 2012
• Principle of PROPORTIONALITY
o 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.
o Efforts should be made to limit the processed data to the minimum
necessary.

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RA 10173: Data Privacy Act of 2012
• Conditions for processing Sensitive Personal Information
a) The data subject has given his or her consent;
b) 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;
c) The processing is necessary for compliance with a legal
obligation to which the personal information controller is subject;
d) The processing is necessary to protect vitally important interests of
the data subject, including life and health;

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RA 10173: Data Privacy Act of 2012
• Conditions for processing Sensitive Personal Information
e) 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 which necessarily
includes the processing of personal data for the fulfillment of its
mandate; or
f) The processing is necessary for the purposes of the legitimate
interests pursued by the personal information controller or by a
third party or parties to whom the data is disclosed, except where
such interests are overridden by fundamental rights and freedoms of
the data subject which require protection under the Philippine
Constitution.

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RA 10173: Data Privacy Act of 2012
• Exceptions for processing Sensitive Personal Information
o Consent is always required except when:
▪ Necessary to protect life and health of another and the data subject cannot express prior
consent.
▪ The processing is required for medical treatment.
▪ Information necessary in order to carry out the functions of public authority
▪ The processing is necessary to achieve lawful and noncommercial objectives of public
organizations and their associations.

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Privacy Act of 2012 •access
RA 10173: Data

•file a complaint
•data portability
•damages
• Rights of the Data
Subject
•erasure or blocking
•object
•be informed

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RA 10173: Data Privacy Act of 2012
• Right to be informed
o 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
o 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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 RA 10173: Data Privacy Act of 2012
• Right to object
o The right to object to the processing of personal data, including
processing for direct marketing, automated processing, or profiling.
o 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
o Personal data is needed pursuant to a subpoena
o 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
o Information is being processed as a result of a legal obligation.

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RA 10173: Data Privacy Act of 2012
• Right to access
o The right to find out whether a PIC holds any personal data about you.
o 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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 RA 10173: Data Privacy Act of 2012
• Right to erasure or blocking, and rectification
o The right to dispute the inaccuracy or error in the personal data and
have the PIC correct it immediately.
o Includes access to new and retracted information, and simultaneous
receipt thereof.
o Recipients previously given erroneous data must be informed of
inaccuracy and rectification upon reasonable request of the data
subject.
o 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 (continuation in the next slide)

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RA 10173: Data Privacy Act of 2012
• Right to erasure or blocking, and rectification (continuation)
o When right to Block is available when the personal data is:
▪ 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, or otherwise authorized
▪ 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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RA 10173: Data Privacy Act of 2012
•Right to damages
o The right to be indemnified for any damages sustained due to
inaccurate, incomplete, outdated, false, unlawfully obtained, or
unauthorized use of personal data

46
 RA 10173: Data Privacy Act of 2012
• Right to data portability
o The right to obtain a copy of data undergoing processing in an
electronic or structured format, commonly used, and allows for further
use b the data subject.
o 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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RA 10173: Data Privacy Act of 2012
• Right to file a complaint with the National Privacy Commission
o File at [email protected]

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May a teacher/professor search the contents of a
student’s cellular phone?
Click your answer
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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. (AO No. 2017-049)

May a teacher/professor search the contents of a

student’s cellular phone?
50
Actually the answer is 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.
(AO No. 2017-049)

May a teacher/professor search the contents of a

student’s cellular phone?
51
Exceptions:
• With student’s consent (not applicable if minor)
• When required by the student’s life and health, or by
national emergency

May a teacher/professor search the contents of a

student’s cellular phone?
52
Is good faith or lack of intent to violate DPA a valid
defense in a criminal case?
Click your answer 53
 The answer is 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. (AO No. 2017-039)

Is good faith or lack of intent to violate DPA a valid

defense in a criminal case?
54
The answer is 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. (AO No. 2017-039)

Is good faith or lack of intent to violate DPA a valid

defense in a criminal case?
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“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”

Is an implied form of consent valid?

56
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.

Is an implied form of consent valid?

57
 Consent under the DPA has three requirements:
1. Freely given – If absent, no overt act of consent from data
subject
2. Specific
3. Informed indication of will
- If absent for 2 and 3, The entity used blanket statements in
authorizing the related companies and third-party service
providers to use, process and share the personal data. (AO
No. 2017-042)

Is an implied form of consent valid?

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How to secure express consent
• New subscribers: Sign form at the point of application
• Existing subscribers: Send them updated privacy policy
and consent form.
What if subscriber did not reply?

Is an implied form of consent valid?

59
 NO. But they may be considered personal information
when used to identify an individual. (AO No. 2017-063)

Are handwritten signatures considered as sensitive

personal information?
60
 YES, but only when they are combined with other pieces
of information that may allow an individual to be
distinguished from others . (AO No. 2017-063)

Whether username, password, IP and MAC address,

location cookies and birthday (month and day only)
are considered personal information. 61
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RA 10173: Data Privacy Act of 2012
• Penalties: Unauthorized processing of personal information
o Imprisonment from 1 to 3 years
o Fine from ₱500,000.00 to ₱2,000,000.00
o Imposed on persons who:
▪ Process personal information
▪ Without the consent of the data subject or without being authorized under the Data
Privacy Act or any other law.

63
RA 10173: Data Privacy Act of 2012
• Penalties: Unauthorized processing of sensitive personal
information
o Imprisonment from 3 to 6 years
o Fine from ₱500,000.00 to ₱4,000,000.00
o Imposed on persons who:
▪ Process sensitive personal information
▪ Without the consent of the data subject or without being authorized under the Data Privacy
Act or any other law.

64
RA 10173: Data Privacy Act of 2012
• Penalties: Accessing personal information due to negligence
o Imprisonment from 1 to 3 years
o Fine from ₱500,000.00 to ₱2,000,000.00
o Imposed on persons who:
▪ Provided access to personal information
▪ Providing access due to negligence
▪ Access was unauthorized under the Data Privacy Act or any existing law

65
RA 10173: Data Privacy Act of 2012
• Penalties: Accessing sensitive personal information due to
negligence
o Imprisonment from 3 to 6 years
o Fine from ₱500,000.00 to ₱4,000,000.00
o Imposed on persons who:
▪ Provided access to sensitive personal information
▪ Providing access due to negligence
▪ Access was unauthorized under the Data Privacy Act or any existing law

66
RA 10173: Data Privacy Act of 2012
• Penalties: Improper Disposal of personal information due to
negligence
o Imprisonment from 6 months to 2 years
o Fine from ₱100,000.00 to ₱500,000.00
o Imposed on persons who:
▪ Negligently dispose, discard or abandon the personal information of an individual
▪ In an area accessible to the public
▪ Placed the personal information of an individual in a container for trash collection

67
RA 10173: Data Privacy Act of 2012
• Penalties: Improper Disposal of sensitive personal information
due to negligence
o Imprisonment from 1 to 3 years
o Fine from ₱100,000.00 to ₱1,000,000.00
o Imposed on persons who:
▪ Negligently dispose, discard or abandon the sensitive personal information of an individual
▪ In an area accessible to the public
▪ Placed the personal information of an individual in a container for trash collection

68
RA 10173: Data Privacy Act of 2012
• Penalties: Processing of personal information for unauthorized
purposes
o Imprisonment from 1 year and 6 months to 5 years
o Fine from ₱500,000.00 to ₱1,000,000.00
o Imposed on persons who:
▪ Process personal information
▪ For purposes not authorized by the data subject or not otherwise authorized by the Data
Privacy Act or under existing laws

69
RA 10173: Data Privacy Act of 2012
• Penalties: Processing of sensitive personal information for
unauthorized purposes
o Imprisonment from 2 to 7 years
o Fine from ₱500,000.00 to ₱2,000,000.00
o Imposed on persons who:
▪ Process sensitive personal information
▪ For purposes not authorized by the data subject or not otherwise authorized by the Data
Privacy Act or under existing laws

70
RA 10173: Data Privacy Act of 2012
• Penalties: Unauthorized access or intentional breach
o Imprisonment from 1 to 3 years
o Fine from ₱500,000.00 to ₱2,000,000.00
o Imposed on persons who:
▪ Knowingly and unlawfully violate data confidentiality and security data systems
▪ Where personal and sensitive personal information is stored

71
RA 10173: Data Privacy Act of 2012
• Penalties: Concealment of security breaches involving sensitive
personal information
o Imprisonment from 1 year and 6 months to 5 years
o Fine from ₱500,000.00 to ₱1,000,000.00
o Imposed on persons who:
▪ After having knowledge of a security breach and of the obligation to notify the National
Privacy Commission
▪ Either intentionally or by omission conceals the fact of such breach

72
RA 10173: Data Privacy Act of 2012
• Penalties: Malicious Disclosure
o Imprisonment from 1 year and 6 months to 5 years
o Fine from ₱500,000.00 to ₱1,000,000.00
o Imposed on a PIC or PIP, or any of its employees or its agents who:
▪ Discloses to a third party unwarranted or false information
▪ In malice or in bad faith
▪ Relative to any personal information or sensitive personal information obtained by such
PIC or PIP

73
RA 10173: Data Privacy Act of 2012
• Penalties: Unauthorized Disclosure of personal information
o Imprisonment from 1 to 3 years
o Fine from ₱500,000.00 to ₱1,000,000.00
o Imposed on a PIC or PIP, or any of its employees or its agents who:
▪ Discloses to a third party
▪ Personal information not covered by Malicious Disclosure obtained by such PIC or PIP
▪ Without the consent of the data subject

74
RA 10173: Data Privacy Act of 2012
• Penalties: Unauthorized Disclosure of sensitive personal
information
o Imprisonment from 3 to 5 years
o Fine from ₱500,000.00 to ₱2,000,000.00
o Imposed on a PIC or PIP, or any of its employees or its agents who:
▪ Discloses to a third party
▪ Sensitive ersonal information not covered by Malicious Disclosure obtained by such PIC or
PIP
▪ Without the consent of the data subject

75
 RA 10173: Data Privacy Act of 2012
• Extend of Liability
o Penalty imposed upon responsible officers who participated in, or who
by their gross negligence, allowed the commission of the crime.
o Aliens may be deported
o Juridical persons may have licenses revoked
o Public officers shall have perpetual or temporary absolute
disqualification from office.

76
Republic Act 11055
(Philippine
Identification System
Act)

77
RA 11055: Philippine Identification
System Act
• Purpose
o 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
o To provide a valid proof of identity for them as a means of simplifying
public and private transactions.

78
RA 11055: Philippine Identification
System Act
• Relevant Provisions
o The management, maintenance, and administration of the PhilSys
shall carried out by the Philippine Statistics Authority.
o Each citizen and resident alien is required to have a PhilID.
o The initial application and issuance, as well as renewal of the PhilID is
free of charge for Filipino citizens; however, reissuance or replacement
has a standard fee

79
RA 11055: Philippine Identification
System Act

80
 RA 11055: Philippine Identification
System Act
Data to be included
• 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

81
RA 11055: Philippine Identification
System Act
Privacy Concerns
• The government would have access to all the transactions
entered into by the individual using the PhilID.
• The possibility that such data collected may be used for purposes
other than the law’s purpose of identity verification

82
Have we learned? 83
Online Privacy

84
Right to Informational Privacy
• Right of individuals to control information about themselves.
• Having an expectation of informational privacy is not necessarily
incompatible with engaging in cyberspace activities.

85
“Friends” privacy setting is not enough.
If an you want to expect reasonable
privacy over the contents of your social
media account, set the privacy setting of
you posts or photos to “Only me”.

VIVARES v. ST THERESA’S COLLEGE (2014)

86
Disbarment case against Atty. Guevarra who wrote a series of
posts on his Facebook account insulting and verbally abusing
Vicki Belo.
“Dr. Vicki Belo, watch out for Josefina Norcio's Big Bang on
Friday - You will go down in Medical History as a QUACK
DOCTOR!!!! QUACK QUACK QUACK QUACK. CNN, FOX
NEWS, BLOOMBERG, CHICAGO TRIBUNE, L.A. TIMES c/o
my partner in the U.S., Atty. Trixie Cruz-Angeles :)”

BELO v. GUEVARRA (2016)

87
Guevarra's defense: His right to privacy was violated as those
were “private remarks” on his “private account.” His posts were
viewable by his “Friends Only.”
HELD: Guevarra did not manifest his intention to keep the post
private by utilizing Facebook’s privacy tools to prevent or limit
its accessibility.

BELO v. GUEVARRA (2016)

88
References
• NEUFEIND, M., RANFT, F., AND O’REILLY, J. (2018) Work in the Digital Age:
Challenges of the Fourth Industrial Revolution. Rowman & Littlefield
International Ltd
• ROSENBLATT, H. (2014) Systems Analysis and Design, 10th edition. Shelly
Cashman Series. Cengage Learning
• The Open University (2016). Information Technology: a new era. Walton Hall,
Milton Keynes, MK7 6AA.
https://www.open.edu/openlearn/people-politics-law/politics-policy-people/soci
ology/information-technology-new-era/content-section-1
• Course notes
• Lawphil.net and Chanrobles.com
• Atty Marco Polo E. Cunanan. Public Attorney II, PAO San Fernando (P)
District. Lecturer, Tarlac State University School of Law