Laws for Privacy Rights of Individual ICT Users PDF

MALIGAYANG ARAW! LAWS FOR PRIVACY RIGHTS OF INDIVIDUAL USER OF ICT Professional Profession  SECTION 12 OF RA 10175: VOID AND UNCONSTITUTIONAL FOR VIOLATING THE PRIVACY RIGHTS OF INDIVIDUAL USERS OF INFORMATION AND COMMUNICATIONS TECHNOLOGY (ICT)...

MALIGAYANG ARAW! LAWS FOR PRIVACY RIGHTS OF INDIVIDUAL USER OF ICT Professional Profession  SECTION 12 OF RA 10175: VOID AND UNCONSTITUTIONAL FOR VIOLATING THE PRIVACY RIGHTS OF INDIVIDUAL USERS OF INFORMATION AND COMMUNICATIONS TECHNOLOGY (ICT) The Supreme Court criticized Section 12 of the Traffic Data Protection Act, stating that it lacks restraint and is too broad. The Act only requires written application, examination under oath, and showing reasonable grounds for committing crimes, essential evidence for conviction, or no other means for obtaining such evidence. The Supreme Court argued that the authority given to law enforcement agencies is too sweeping, allowing them to collect data on individuals associated with specified communications, potentially threatening their right to privacy.  DATA PRIVACY ACT RA 10173 The Data Privacy Act or Republic Act 10173 regulates the processing of personal information of individuals collected by both public and private entities as a way to protect one's privacy. Under the Data Privacy Law, an individual shall be given the right to control any kind of personal information that is collected from him for further use and disclosure.  DATA PRIVACY ACT RA 10173 "The State recognizes the vital role of information and communications technology in nation-building and its inherent obligation to ensure that personal information in information and communications systems in the government and in the private sector are secured and protected," section 2 the law declares. If a company, for instance, passes on personal information, to another company without the customer's consent, the first company is already violating the Data Privacy Law  UNDER SECTION 11 OF THE DATA PRIVACY LAW, PERSONAL INFORMATION MUST, BE: A. Collected for specified and legitimate purposes determined and declared before, or as soon as reasonably practicable after collection, and later processed in a way compatible with such declared, specified and legitimate purposes only; B. Processed fairly and lawfully: C. Accurate, relevant and, where necessary for purposes for which it is to be used the processing of personal information, kept up to date, inaccurate or incomplete data must be rectified, supplemented, destroyed or their further processing restricted; D. Adequate and not excessive in relation to the purposes for which they are collected and processed; E. Retained only for as long as necessary for the fulfilment of the purposes for which the data was obtained or for the establishment, exercise or defences of legal claims, or for legitimate business purposes, or as provided by law; and F. Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the data were collected and processed: Provided, that personal information collected for other purposes may lie processed for historical, statistical or scientific purposes, and in cases laid down in law may be stored for longer periods: Provided, further, That adequate safeguards are guaranteed by said laws authorizing their processing.  BUREAU OF INTERNAL REVENUE ADVERSELY AFFECTED BY THE DATA PRIVACY ACT The Supreme Court has stopped the Bureau of Internal Revenue (BIR) from implementing a rule requiring the banking and financial industry to submit their alphabetical list of recipients of income payments. The ruling was issued due to concerns that the prohibition was interpreted by some listed companies as requiring disclosure of names and tax identification numbers. The Philippine Stock Exchange (PSE), Backer Association of the Philippines (BAP), and other business organizations argued that the challenged regulations would jeopardize the privacy of individual investors and market stability. If the PSE and BAP comply, they could face criminal suits, while if not, they could face criminal prosecution and administrative penalties.  THE REQUEST OF SENATOR JUAN PONCE ENRILE RE: MUG SHOTS Senator Juan Ponce Enrile's legal team requested confidentiality for his booking process mug shots, citing the subject's innocence, well-established identity, and no public safety concerns. However, some citizens and militant groups have sought the release of the mug shots, raising questions about the appropriateness of publicizing them.  THE CONCEPT OF IDENTITY THEFT Identity theft is a form of consumer fraud where a person uses another person's information fraudulently to obtain goods, services, or credit. Phishing and computer hacking are the most common methods for obtaining personal information. Phishers use spam or pop-up messages to deceive individuals into disclosing sensitive information, such as credit card numbers or bank account information. They often threaten severe consequences if they don't respond. It's crucial to be cautious when sharing personal information, as law enforcement may struggle to determine victims.  ETHICAL ISSUES ON PROFESSIONAL RELATIONHIPS AND HEARSAY Chief Justice Puno emphasizes the importance of the due process clause in the Philippine Constitution, which states that no person shall be deprived of life, liberty, or property without due process of law and equal protection of the laws. The due process clause has its roots in the Garden of Eden, where Adam and Eve were tempted to eat the fruit of the tree of knowledge, which was forbidden by God. When they realized they were naked, they hid and God asked them if they had eaten the forbidden fruit. God was aware of their sins and provided them with the opportunity to be heard. The question remains: "If God can forgive, why can't I?" This highlights the need for individuals to uphold their privacy rights and uphold due process in their legal system.  WHAT IS DUE PROCESS? The constitution contains no formal definition of "due process", however, both local and foreign jurisprudence held that: Due process of law refers to a law that hears before it condemns and proceeds upon inquiry, rendering judgment only after trial. It is a practical application in all areas of life, such as in a situation where a strict parent slaps their teenage daughter and then slaps her face, causing her to cry. The parent's approach is not proper, as it does not give her the opportunity to explain, as God gave to Adam and Eve before punishment. In friendships, the consequentialism theory of ethics is inappropriate, as seen in the legend of the islands of the Philippines. The sky and the sea are best friends, but they fight without affording due process to each other. The sky and the sea believe the bird's story without considering the consequences. In conclusion, due process of law is essential in all aspects of life, from addressing a child's behaviour to ensuring fairness and justice in legal cases.  DUE PROCESS CLAUSE APPLIED IN SOFTWARE DESIGNS Due process clause is a principle in programming that allows users to be heard when a clear and present danger is detected. For example, if a user accidentally closes a file, the system will automatically give the user an opportunity to be heard, allowing them to confirm whether they want to save their work. If the message is not displayed, the system will close without saving the work. If the user realizes they clicked the wrong button, they cannot blame the system. However, if the system asks for confirmation after clicking the "No" button, it would delay the user's work, as "justice delayed is justice denied."