Cybercrime Law Enforcement in the Philippines

Law enforcement authorities are not responsible for the enforcement of the provisions of the Act.

The NBI and the PNP must organize a cybercrime unit manned by ordinary investigators.

Law enforcement authorities are not required to submit any reports regarding cybercrimes to the Department of Justice.

Traffic data collection in real-time does not require authorization from law enforcement authorities with due cause.

Traffic data collection includes details like content, identities, and purpose of communication.

All data collected or seized will require a court warrant according to the Act.

Service providers are not required to assist law enforcement authorities in the collection or recording of information.

The court warrant can be issued without a written application and examination under oath or affirmation.

There must be reasonable grounds to believe that a crime has been committed in order to obtain a court warrant.

Traffic data and subscriber information need to be preserved for at least 3 months from the date of the transaction.

Content data preservation period is longer than that of traffic data and subscriber information.

If there are other readily available means for obtaining evidence, a court warrant cannot be issued.