CHAPTER 2 aspect of the commission of the crime but may

afford evidence of the crime Example,

CYBER CRIME addresses found in the computer of the murder
suspect, or records of messages sent between
Learning Objectives: the victim and the suspect before the homicide
(Clough, 2015, p.11).
At the end of this chapter, the students will be
able to: According to the Directorate for
1. Define Cyber Crime; Information and Communications Technology
2. Identify the different typologies of Cyber Management (DICTM), Information and
crime; Communications Technology (ICT) refers to
3. Determine and explain the Cybercrime the totality of the electronic means employed to
Offenses according to the Cybercrime systematically collect, process, store, present
Prevention Act of 2012; and share information to end-users in support
4. Explain the salient point of the Cybercrime of their activities. It consists of computer
Prevention Act of 2012; and systems, office systems, consumer electronics
5. Identify the important concepts of the other and telecommunications technologies, as well
Legal Provisions on Cyber Crime in the as networked information infrastructure the
Philippines. components of which include the telephone
system, the Internet, fax machines, computers
I. WHAT IS CYBER CRIME? and its accompanying methodologies,
processes, rules and conventions. It is also a
Cybercrime, also known as computer combination of computer technology,
crime, is the use of a computer as an microelectronics applications, and
instrument to further illegal ends. They are communications information techniques and
criminal offenses committed via the Internet or methods. It encompasses the use of
otherwise aided by various forms of computer computers, data communications, office
technology." As innovation on computer systems technologies, as well as any
technology progresses, so as the diversity of technology that deals with modern day
crimes committed through it. application of computing and/or
communication. It can also be seen as the
marriage of information technology and data
II.TYPOLOGIES OF CYBER CRIMES
communication (DICTM, n.d.).
Cyber Crimes can be group into three
Cyber Crimes can also be grouped into
categories focusing on the role of computers in
four, based on the criminal activity made
the crime:
through the use of computers, they are as
follows":
1. Cyber Dependent Crimes are
crimes that can only be committed through
1. Cyber-Trespass - crimes that involve
computer, computer networks, or other form of
crossing or violating boundaries of other
ICT. Examples of these are hacking malware,
people digitally. For example, hacking.
and Dos Attacks (Clough, 2015, p.11).
accessing data without consent.
2. Cyber Enabled Crimes are
2. Cyber-Deception and Theft - this
traditional crimes that are increased in their
involves offenses such as online fraud and IP
scale or reach by the use of computers,
theft.
computer networks or other ICT. Examples
are: Child pornography, cyber stalking, criminal 3. Cyber-Porn and Obscenity - this
copyright infringement and fraud (Clough, involves the exploitation of children and
2015, p.11). distribution of pron materials through the
internet.
3. Cyber Assisted Crimes are crimes
in which the use of computer in an incidental
 4. Cyber-Violence - this refers to the  This refers to the interception made by
kind of emotional violence that can be enacted technical means without the right of any
online such as bullying or harassment. non-public transmission of computer
data to, from, or within a computer
III.CYBERCRIME OFFENSES IN THE system including electromagnetic
PHILIPPINES emissions from a computer system
carrying such computer data (RA 10175,
Here are some of the cyber crime 2012, Section 4).
offenses being penalized in the Philippines as  Computer data refers to any
indicated in the Cybercrime Prevention Act representation of facts, information, or
of 2012. They are being categorized into three, concepts in a form suitable for
namely (RA 10175, 2012, Section 4): processing in a computer system
including a program suitable to cause a
1. Offenses against the confidentiality, computer system to perform a function
integrity and availability of computer data and and includes electronic documents
systems and/or electronic data messages
2. Computer-related Offenses whether stored in local computer
systems or online (RA 10175, 2012,
3. Content-related Offenses
Section 3).
IV.OFFENSES AGAINST THE
Data Interference
CONFIDENTIALITY, INTEGRITY AND
AVAILABILITY OF COMPUTER DATA AND  This refers to the intentional or reckless
SYSTEMS alteration, damaging, deletion or
deterioration of computer data,
electronic document, or electronic data
Illegal Access
message, without right, including the
 This refers to the access to the whole or introduction or transmission of viruses
any part of a computer system without (RA 10175, 2012, Section 4).
right (RA 10175, 2012, Section 4).  Alteration refers to the modification or
 Access refers to the instruction, change, in form or substance, of an
communication with, storing data in, existing computer data or program (RA
retrieving data from, or otherwise making 10175, 2012, Section 3).
use of any resources of a computer
system or communication network (RA
System Interference
10175, 2012, Section 3).
 Computer system refers to any device or  The intentional alteration or reckless
group of interconnected or related hindering of interference with the
devices, one or more of which, pursuant functioning of a computer or computer
to a program, performs automated network by inputting, transmitting,
processing of data. It covers any type of damaging, deleting. deteriorating,
device with data processing capabilities altering or suppressing computer data or
including, but not limited to, computers program, electronic document, or
and mobile phones. The device consisting electronic data message. without right or
of hardware and software may include authority, including the introduction or
input, output and storage components transmission of viruses (RA 10175,
which may stand alone or be connected in 2012, Section 4).
a network or other similar devices. It also  A computer virus is a type of malicious
includes computer data storage devices code or program written to alter the way
or media (RA 10175, 2012, Section 3). a computer operates and is designed to
spread from one computer to another."
A virus operates by inserting or
Illegal Interception
attaching itself to a legitimate program
 or document that supports macros in  Macro Virus- Macro viruses are
order to execute its code. In the written in the same macro language
process, a virus has the potential to used for software applications. Such
cause unexpected or damaging effects, viruses spread when you open an
such as harming the system software by infected document, often through
corrupting or destroying data (Johansen, email attachments (Johansen, 2021).
2021).
MISUSE OF DEVICES
The different types of computer viruses are:
This offense includes (RA 10175, 2012,
 Boot Sector Virus- This type of virus Section 4):
can take control when you start or
boot- your computer. One way it can The use, production, sale, procurement,
spread is by plugging an infected USB importation, distribution, or otherwise making
drive into your computer (Johansen, available, without right, of:
2021).
 Web Scripting Virus- This type of  A device, including a computer program,
virus exploits the code of web designed or adapted primarily for the
browsers and web pages. If you purpose of committing any cyber crimes;
access such a web page, the virus can  A computer password, access code, or
infect your computer (Johansen, similar data by which the whole or any
2021). part of a computer system is capable of
 Browser Hijacker- This type of virus being accessed with intent that it be
"hijacks" certain web browser used for the purpose of committing any
functions, and you may be cyber crimes
automatically directed to an
unintended website (Johansen, 2021). The possession of a device indicated
 Resident Virus- This is a general term above with intent to use said devices for the
for any virus that inserts itself in a purpose of committing any of the offenses
computer system's memory. A against the Confidentiality, Integrity and
resident virus can execute anytime Availability of Computer Data and Systems (RA
when an operating system loads 10175, 2012, Section 4).
(Johansen, 2021).
 Direct Action Virus-This type of virus CYBERSQUATTING
comes into action when you execute a
file containing a virus. Otherwise, it
This refers to the acquisition of a
remains dormant (Johansen, 2021).
domain name over the internet in bad faith to
 Polymorphic Virus- A polymorphic
profit, mislead, destroy reputation, and deprive
virus changes its code each time an
others from registering the same, if such a
infected file is executed. It does this to
domain name is (RA 10175, 2012, Section 4):
evade antivirus programs (Johansen,
2021).
 File Infector Virus- This common  Similar, identical, or confusingly similar
virus inserts malicious code into to an existing trademark registered with
executable files or files used to the appropriate government agency at
perform certain functions or operations the time of the domain name
on a system (Johansen, 2021). registration:
 Multipartite Virus- This kind of virus  Identical or in any way similar with the
infects and spreads in multiple ways. It name of a person other than the
can infect both program files and registrant, in case of a personal name;
system sectors (Johansen, 2021). and
  Acquired without right or with intellectual written combination thereof, by electronic,
property interests in it. mechanical, digital, optical, magnetic or any
other means, of child engaged or involved in
V.COMPUTER-RELATED OFFENSES real or simulated explicit sexual activities."

Computer-related Forgery Unsolicited Commercial Communications

This offense includes (RA 10175, 2012, This refers to the transmission of
Section 4): commercial electronic communication with the
 The input, alteration, or deletion of any use of computer system which seek to
computer data without right resulting in advertise, sell, or offer for sale products and
inauthentic data with the intent that it be services are prohibited unless (RA 10175,
considered or acted upon for legal 2012, Section 4):
purposes as if it were authentic,
regardless whether or not the data is  There is prior affirmative consent from
directly readable and intelligible; or the recipient; or
 The act of knowingly using computer  The primary intent of the communication
data which is the product of computer- is for service and/or administrative
related forgery as defined herein, for the announcements from the sender to its
purpose of perpetuating a fraudulent or existing users, subscribers or
dishonest design (RA 10175, 2012, customers;
Section 4).  The following conditions are present:

Computer-related Fraud ▷ The commercial electronic communication

This refers to the unauthorized input, contains a simple, valid, and reliable way for
alteration, or deletion of computer data or the recipient to reject receipt of further
program or interference in the functioning of a commercial electronic messages (opt-out) from
computer system, causing damage thereby the same source;

▷ The commercial electronic communication

with fraudulent intent (RA 10175, 2012, Section
4)
does not purposely disguise the source of the
Computer-related Identity Theft electronic message; and

▷ The commercial electronic communication

This is the intentional acquisition, use,
misuse, transfer, possession, alteration or
deletion of identifying information belonging to does not purposely include misleading
another, whether natural or juridical, without information in any part of the message in order
right (RA 10175, 2012, Section 4). to induce the recipients to read the message.

VI.CONTENT-RELATED OFFENSES Libel

Cybersex It is a libel committed through a

This refers to the willful engagement, computer system or any other similar means
maintenance, control, or operation, directly or which may be devised in the future (RA 10175,
indirectly, of any lascivious exhibition of sexual 2012, Section 4). A libel is public and malicious
organs or sexual activity, with the aid of a imputation of a crime, or of a vice or defect,
computer system, for favor or consideration real or imaginary, or any act, omission,
(RA 10175, 2012, Section 4). condition, status, or circumstance tending to
cause the dishonor, discredit, or contempt of a
Child Sexual Exploitation natural or juridical person, or to blacken the
Also known as Child Pornography (RA memory of one who is dead (RA 3815, 1930,
10175, 2012, Section 4), this refers to any Article 353).
representation, whether visual, audio, or
 Every defamatory imputation is
presumed to be malicious, even if it be true, if VII.LEGAL PROVISIONS ON CYBER CRIME
no good intention and justifiable motive for
making it is shown, except in the following Republic Act No. 10175
cases (RA 3815, 1930, Article 354):
The Republic Act No. 10175, also known as
 A private communication made by any Cybercrime Prevention Act of 2012, was
person to another in the performance of approved on September 12, 2012 and signed
any legal, moral or social duty; and by the then President Benigno S. Aquino III. It
 A fair and true report, made in good completely addresses crimes committed
faith, without any comments or remarks, against and by means of computer systems. It
of any judicial, legislative or other official includes penal substantive rules, procedural
proceedings which are not of rules and also rules on international
confidential nature, or of any statement, cooperation. It focuses on the pre-emption,
report or speech delivered in said prevention and prosecution of cybercrimes
proceedings, or of any other act such as offenses against the confidentiality,
performed by public officers in the integrity and availability of computer data and
exercise of their functions. systems, computer-related offenses, and
content-related offenses.
The following are the elements of cyber Furthermore, it states that, all crimes
libel": defined and penalized by the Revised Penal
Code, as amended, and special laws, if
 There must be an imputation of a crime, committed by, through and with the use of
or of a vice or defect, real or imaginary, information and communications technologies
or any act, omission, condition, status, shall be covered by the relevant provisions of
or circumstance. Revised Penal Code: Provided, that the
 The imputation must be made publicly, penalty to be imposed shall be one (1) degree
which requires that at least one other higher than that provided for by the Revised
person must have seen the libelous Penal Code, as amended, and special laws, as
post, in addition to the author and the the case may be (RA 10175, 2012, Section 6).
person defamed or alluded to in the
post. Republic Act No. 9775
 The imputation must be malicious,
which means that the author of the The Republic Act No. 9775, also
libelous post made such a post with known as Anti-Child Pornography Act of
knowledge that it was false, or with 2009, it was enacted last November 17, 2009,
reckless disregard as to the truth or and signed by the then President Gloria
falsity thereof. Macapagal- Arroyo. It prohibits the production,
 The imputation must be directed at a offering, distribution and possession of "child
natural or juridical person, or one who is pornography.
dead, which requires that the post must
identify the person defamed, or at the Under this Act, the elements of child
very least, the person defamed is pornography are as follows:
identifiable by a third person.
 The imputation must tend to cause the
 There is a written, visual, and/or audio
dishonor, discredit or contempt of the
material;
person defamed.
 The content of the material involves a
 The imputation was done through the
real or simulated explicit sexual activity;
use of a computer system or any other
and
similar means which may be devised in
 The one engaged in the sexual activity,
the future.
whether a natural person, a graphical
 representation of a person, or a Conspiracy to commit any form of child
computer generated image of a person, pornography shall be committed when two (2)
is a child or is presented, depicted, or or more persons come to an agreement
portrayed as a child. concerning the commission of any of the said
prohibited acts and decide to commit it; and
In short, any material that shows a child 12. To possess any form of child
(natural, or an adult portrayed as a child, pornography.
animated or computer generated) engaging in
a real or simulated sexual activity is considered Republic Act No. 7610
child pornography. The following are the
prohibited acts (RA 9775, 2009, Section 4): The Republic Act No. 7610 also known
as Special Protection of Children Against
1. To hire, employ, use, persuade, Abuse, Exploitation and Discrimination Act,
induce or coerce a child to perform in the was enacted June 17, 1992. It is an act
creation or production of any form of child providing for stronger deterrence and special
pornography; protection against child abuse, exploitation and
2. To produce, direct, manufacture or discrimination. The comprehensive program
create any form of child pornography; against child abuse, exploitation and
3. To publish offer, transmit, sell, discrimination refers to the coordinated
distribute, broadcast, advertise, promote, program of services and facilities to protected
export or import any form of child pornography; children against (RA 7610, 1992, Section 3):
4. To possess any form of child
pornography with the intent to sell, distribute, Child Prostitution and Other Sexual Abuse
publish, or broadcast: Provided. That
possession of three (3) or more articles of child Children, whether male or female, who
pornography of the same form shall be prima for money, profit, or any other consideration or
facie evidence of the intent to sell, distribute, due to the coercion or influence of any adult,
publish or broadcast; syndicate or group, indulge in sexual
5. To knowingly, willfully and intercourse or lascivious conduct, are deemed
intentionally provide a venue for the to be children exploited in prostitution and
commission of prohibited acts as, but not other sexual abuse (RA 7610, 1992, Section
limited to, dens, private rooms, cubicles, 5).
cinemas, houses or in establishments
purporting to be a legitimate business; Child Trafficking
6. For film distributors, theaters and
telecommunication companies, by themselves It is the act of trading and dealing with
or in cooperation with other entities, to children including, but not limited to, the act of
distribute any form of child pornography; buying and selling of a child for money, or for
7. For a parent, legal guardian or person any other consideration, or barter (RA 7610,
having custody or control of a child to 1992, Section 7). It also includes the following
knowingly permit the child to engage, (RA 7610, 1992, Section 8):
participate or assist in any form of child
pornography; ▷ When a child travels alone to a
8. To engage in the luring or grooming foreign country without valid reason therefore
of a child; and without clearance issued by the
9. To engage in pandering of any form Department of Social Welfare and
of child pornography; Development or written permit or justification

▷
10. To willfully access any form of child from the child's parents or legal guardian;
pornography; When a person, agency,
11. To conspire to commit any of the establishment or child-caring institution recruits
prohibited acts stated in this section.
women or couples to bear children for the Under this act the following acts are

▷ When a doctor, hospital or clinic

purpose of child trafficking; or considered prohibited (RA 9995, 2010, Section
4):
official or employee, nurse, midwife, local civil
registrar or any other person simulates birth for 1. To take photo or video coverage of a

▷ When a person engages in the act of

the purpose of child trafficking; or person or group of persons performing sexual
act or any similar activity or to capture an
finding children among low-income families, image of the private area of a person/s such as
hospitals, clinics, nurseries, day-care centers, the naked or undergarment clad genitals,
or other child-during institutions who can be public area, buttocks or female breast without
offered for the purpose of child trafficking. the consent of the person/s involved and under
circumstances in which the person/s has/have
Obscene Publications and Indecent Shows a reasonable expectation of privacy;
2. To copy or reproduce, or to cause to
This refers to the acts of hiring, be copied or reproduced, such photo or video
employing, using, persuading, inducing or or recording of sexual act or any similar activity
coercing a child to perform in obscene with or without consideration;
exhibitions and indecent shows, whether live or 3. To sell or distribute, or cause to be
in video, or model in obscene publications or sold or distributed, such photo or video or
pornographic materials or to sell or distribute recording of sexual act, whether it be the
the said materials (RA 7610, 1992, Section 9). original copy or reproduction thereof; or
4. To publish or broadcast, or cause to
Republic Act No. 9995 be published or broadcast, whether in print or
broadcast media, or show or exhibit the photo
The Republic Act No. 9995 also known or video coverage or recordings of such sexual
as the Anti-Photo and Video Voyeurism Act act or any similar activity through VCD/DVD,
of 2009, it was enacted February 15 2010 and internet, cellular phones and other similar
was signed by the then President Gloria means or device.
Macapagal-Arroyo. It is an act defining and
penalizing the crime of photo and video Republic Act No. 8484
voyeurism.
The Republic Act No.. 8484 also
According to RA 9995 (2010), Photo or known as the Access Devices Regulation
video voyeurism refers to the act of taking Act of 1998, it was enacted February 11,
photo or video coverage of a person or group 1998. It is an act regulating the issuance and
of persons performing sexual act or any similar use of access devices and prohibiting, and
activity or of capturing an image of the private penalizing fraudulent acts committed in relation
area of a person or persons without the latter's to access devices.
consent, under circumstances in which such
person/s has/have a reasonable expectation of According to the RA 8484 (1998),
privacy, or the act of selling, copying, Access Device refers to any card, plate, code,
reproducing, broadcasting, sharing, showing or account number, electronic serial number,
exhibiting the photo or video coverage or personal identification number, or other
recordings of such sexual act or similar activity telecommunications service, equipment, or
through VCD/DVD, internet, cellular phones instrumental identifier, or other means of
and similar means or device without the written account access that can be used to obtain
consent of the person/s involved, money, good, services, or any other thing of
notwithstanding that consent to record or take value or to initiate a transfer of funds (other
photo or video coverage of same was given by than a transfer originated solely by paper
such person's (RA 9995, 2010, Section 3). instrument) (RA 8484, 1998, Section 3).
Access Device Fraudulently Applied for refers
to any access device that was applied for or material, such as slips, carbon paper, or any
issued on account of the use of falsified other medium, on which the access device is
documents, false information, fictitious written, printed, embossed, or otherwise
identities and addresses, or any form of false indicated;
pretense or misrepresentation (RA 8484, 1998, 12. Writing or causing to be written on
Section 3). sales slips, approval numbers from the issuer
of the access device of the fact of approval,
The following acts constitute access where in fact no such approval was given, or
device fraud (RA 8484, 1998,Section 9): where, if given, what is written is deliberately
different from the approval actually given;
1. Producing, using, trafficking in one or 13. Making any alteration, without the
more counterfeit access devices access device holder's authority, of any
2. Trafficking in one or more amount or other information written on the
unauthorized access devices or access sales slip;
devices fraudulently applied for; 14. Affecting transaction, with one or
3. Using, with intent to defraud, an more access devices issued to another person
unauthorized access device; or persons, to receive payment or any other
4. Using an access device fraudulently thing of value;
applied for; 15. Without the authorization of the
5. Possessing one or more counterfeit issuer of the access device, soliciting a person
access devices or access devices fraudulently for the purpose of:
applied for;
6. Producing, trafficking in, having a. offering an access device; or
control or custody of, or possessing device-
making or altering equipment without being in b. selling information regarding or
the business or employment, which lawfully an application to obtain an access device; or
deals with the manufacture, issuance, or
distribution of such equipment; 16. Without the authorization of the
7. Inducing, enticing, permitting or in any credit card system member or its agent,
manner allowing another, for consideration or causing or arranging for another person to
otherwise to produce, use, traffic in counterfeit present to the member or its agent, for
access devices, unauthorized access devices payment, one or more evidence or records of
or access devices fraudulently applied for; transactions made by credit card.
8. Multiple imprinting on more than one
transaction record, sales slip or similar Republic Act No.11449
document, thereby making it appear that the
device holder has entered into a transaction The Republic Act No.. 11449 was enacted
other than those which said device holder had August 28, 2019, and signed by President
lawfully contracted for; Rodrigo Duterte. It is an act that provides
9. Disclosing any information imprinted additional prohibitions and increases penalties
on the access device, such as, but not limited for violation of the RA 8484 or the Access
to, the account number or name or address of Devices Regulation Act of 1998.40 Section 3):
the device holder, without the latter's authority
or permission; The additional crimes relating to access device
10. Obtaining money or anything of are (RA 11449, 2019,
value through the use of an access device,
with intent to defraud or with intent to gain and 1. Skimming, copying or counterfeiting
fleeing thereafter; any credit card, payment card or debit card,
11. Having in one's possession, and obtaining any information therein with the
unauthorized access device or the access intent of accessing the account and operating
device company, an access device, or any the same whether or not cash is withdrawn or
monetary injury is caused by a perpetrator government and by the general public (RA
against the account holder or the depositary 8792, 2000, Section 3).
bank; Information and Communication
2. Production or possession of any System refers to a system for generating,
software component such as programs, sending, receiving, storing or otherwise
application, or malware, or any hardware processing electronic data messages or
component such as skimming device or any electronic documents and includes the
electronic gadget or equipment that is used to computer system or other similar device by or
perpetrate any crimes relating to access in which data is recorded or stored and any
device; procedures related to the recording or storage
3. Unauthorized access to any of electronic data message or electronic
application, online banking account, credit card document (RA 8792, 2000, Section 5).
account, ATM account, debit card account, in a
fraudulent manner, regardless of whether or Following acts are penalized under this act (RA
not it will result in monetary loss to the account 8792, 2000, Section 33):
holder; and
4. Hacking refers to the unauthorized 1. Hacking or cracking which refers to
access into or interference in a computer unauthorized access into or interference in a
system/server, or information and computer system/server or information and
communication system, or any access in order communication system; or any access in order
to corrupt, alter, steal, or destroy using a to corrupt, alter, steal, or destroy using a
computer or other similar information and computer or other similar information and
communication devices without the knowledge communication devices, without the knowledge
and consent of the owner of the computer or and consent of the owner of the computer or
information and communication system, information and communication system,
including the introduction of computer viruses including the introduction of computer viruses
and the like resulting in the corruption, and the like, resulting in the corruption,
destruction, alteration, theft, or loss of destruction, alteration, theft or loss of electronic
electronic data messages or electronic data messages or electronic documents.
documents.
2. Piracy which refers to the unauthorized
Republic Act No. 8792 copying, reproduction, dissemination,
distribution, importation, use, removal,
The Republic Act No. 8792 also known alteration, substitution, modification, storage,
as the Electronic Commerce Act, was uploading, downloading, communication,
enacted June 14, 2000. It is an act that making available to the public, or broadcasting
recognizes the use of electronic commercial of protected material, electronic signature or
and non commercial transactions. It also copyrighted works including legally protected
penalizes activities that involve illegal use of sound recordings or phonograms or
electronic transactions." It aims to facilitate information material on protected works,
domestic and international dealings, through the use of telecommunication
transactions, arrangements, agreements, networks, such as, but not limited to, the
contracts and exchanges and storage of internet, in a manner that infringes intellectual
information through the utilization of electronic, property rights.
optical and similar medium, mode,
instrumentality and technology to recognize the 3. Violations of the Consumer Act or
authenticity and reliability of electronic data Republic Act No. 7394 and other relevant or
messages or electronic documents related to pertinent laws through transactions covered by
such activities and to promote the universal or using electronic data messages or electronic
use of electronic transactions in the documents.
Republic Act 10173 fulfillment of a contract with the data subject or
in order to take steps at the request of the data
The Republic Act No. 10173, also known as subject prior to entering into a contract;
Data Privacy Act of 2012, was enacted last 3. The processing is necessary for
August 15, 2012, and signed by the then compliance with a legal obligation to which the
President Benigno S. Aquino III. It is an act personal information controller is subject;
protecting individual personal information in 4. The processing is necessary to
Information and Communications Systems in protect vitally important interests of the data
the government and the private sector, creating subject, including life and health;
a National Privacy Commission." 5. The processing is necessary in order
to respond to national emergency, to comply
General Data Privacy Principles with the requirements of public order and
safety, or to fulfill functions of public authority
According to the Data Privacy Act of 2012, which necessarily includes the processing of
personal information must, be (RA 10173, personal data for the fulfillment of its mandate;
2000, Section 11): or
6. The processing is necessary for the
1. Collected for specified and legitimate purposes of the legitimate interests pursued by
purposes determined and declared before, or the personal information controller or by a third
as soon as reasonably practicable after party or parties to whom the data is disclosed,
collection, and later processed in a way except where such interests are overridden by
compatible with such declared, specified and fundamental rights and freedoms of the data
legitimate purposes only; subject which require protection under the
2. Processed fairly and lawfully; Philippine Constitution.
3. Accurate, relevant and, where CRIMINAL ACTS IN RELATION TO DATA
necessary for purposes for which it is to be PRIVACY
used the processing of personal information,
kept up to date; inaccurate or incomplete data The following are acts penalized under the
must be rectified, supplemented, destroyed or Data Privacy Act of 2012:
their further processing restricted;
4. Adequate and not excessive in 1. Unauthorized Processing of
relation to the purposes for which they are Personal Information and Sensitive
collected and processed; Personal Information
5. Retained only for as long as 2. Accessing Personal Information
necessary for the fulfillment of the purposes for and Sensitive Personal Information Due to
which the data was obtained or for the Negligence
establishment, exercise or defense of legal 3. Improper Disposal of Personal
claims, or for legitimate business purposes, or Information and Sensitive Personal
as provided by law; and Information
6. Kept in a form which permits 4. Processing of Personal
identification of data subjects for no longer than Information and Sensitive Personal
is necessary for the purposes for which the Information for Unauthorized Purposes
data were collected and processed. 5. Unauthorized Access or Intentional
Breach
CRITERIA FOR LAWFUL PROCESSING OF  This refers to persons who
PERSONAL INFORMATION knowingly and unlawfully, or
violating data confidentiality and
1. The data subject has given his or her security data systems, breaks in
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