I shall begin this with stating the
initial right of an individual with regards to his or her privacy that will
definitely affect each and everyone's life.
Sec. 5 Article 2 of the constitution provides that “The
maintenance of peace and order, the protection of life, liberty and property,
and the promotion of general welfare are essential for the enjoyment by all the
people of the blessing of democracy.”
Under this provision, it had covered one
important aspect in the provision of the Constitution, which is the privacy of
the individuals so with their families which have been violated time
again by people who shall physically trespass in order to invade their lives,
reproduction of it for commercial purposes and proprietary purposes.
The right to privacy is a fundamental
right guaranteed by the Constitution. Therefore,
it is the obligation of the government to show that RA 10173is justified by
some compelling interest and that is narrowly drawn
The right to privacy is a constitutional
right, granted recognition independently of its identification with
liberty. It is recognized and protected
in several provisions of our Constitution, specifically in Sections 1, 2, 3
(1), 6, 8 and 17of the Bill of Rights.
Areas of privacy are also recognized and protected in our laws, included
in certain provisions of the Civil Code and the Revised Penal Code as well as
in special laws.
Since the introduction of the proliferation of high tech gadgets with very
intrusive modern visual or auditory enhancement devices, such as powerful
that enable the invasion of private areas, to take the act of trespassing to
whole new and different level.
Because
of the developments, harassment and trespass already threatens not only the
public persons and their families, but it shall also threaten the private
persons as well as their families too, in which it will create media interest.
Now
through vast and fast development of technology, it had introduced more and
more new gadgets, new creations that will make our lives easier, with which it is
now that we are confronted with new diversity in prying to each private
lives. Because of this tremendous
advancement in technology, most of us now are so eager to show of this new kind
of electronic gadgets. Thus, we are now prone to the fact that we could now
easily give the necessary information beyond our control.
The
RA 10173 aims to protect the fundamental right of privacy of communication and
thus it shall secure and protect us from the confidentiality of our data,
personal lives as well. This act shall
govern us and thus immediate implementation shall be done immediately. Proper
observance of the Act shall be advantageous to all of us most especially in the
business sector and thus through this economy shall then prosper.
With the question provided above, in my legal analysis, it had violated
the bill Republic Act 11073 or The Data Privacy Act of 2012 which was
approved into law last August 15, 2012. This applies to processing of personal
and sensitive personal information.
The fact that A did not even ask the permission or the consent of B that
his/her cellular number shall be given to C as the third person; this had
violated one of the provisions under the said Bill.
Under Sec 4, Scope - This Act applies to the processing of all types of
personal information and to any natural and juridical person
involved in personal information processing including those personal
information controllers and processors who, although not found or established
in the Philippines, use equipment that are located in the Philippines, or
those who maintain an office, branch in the Philippines subject to
the immediately succeeding paragraph: Provide, That the requirements of Section
are complied with.
In this
question, it had always been a habit of people nowadays, to just give someone's
cellular number without the decency of asking the Data subject. Consent of the
data subject should be given freely, 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 given on behalf of the data
subject by an agent specifically authorized by the data subject to so.
In this
case, there was not even a single consent was asked or given by the data
subject A, this is already a basis on the violation of the said RA 10173.
Even for whatever purpose it may serve the third person give the staid number
of the data subject, does not eliminate the probability that the privacy
of data subject had been violated. It might do him/her any harm or annoyance
shall then be done on the data subject.
In
some similar cases, this may also be conducted in some instances, if this
information is to comply with a legal obligation, then the third person who
shall be the information collector has the obligation to obey then by the
necessity of the information in the legal sense; if it shall be of national
emergency then the need for the information shall be vital for the public order
and security then.
I
myself don not really like nor I shall feel so safe and secured by the fact
that my number was given to a certain person of whom I done even know nor was
my consent to give such information was asked.
Nowadays, we
shall guard one's safety because of the more proliferation of people who will
just walk into our lives and eventually shall put our lives and so with our
families in such danger. This people will take advantage of the data
subject, harass him/her or their family members, they can even use
promotional tactics to dissuade the data subject and lure him/her and then a
certain act had been committed, crimes like sexual harassment, rape and
robbery.
With this Bill,
adequate protection will be given to individuals, they might be private or
public individuals from personal intrusion, for commercial; purposes and also
against intrusions on their privacy due to any activities which was
undertaken in connection with the reproduction and broadcast of their private activities.
The fact that B
gave the number of A to a third person had violated one of the criteria cited
in Sec 12, of the said bill, regarding Criteria for Lawful Processing of
Personal Information under the first one which was that " The data
subject has given his or her consent ". No consent was given by the data subject
A. The violation of which can the data subject a file a necessary complaint on
B.
The
Data Privacy Act clearly defines Personal Information as:
Sec.
3 (g) 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 he put together with other information would directly and
certainly identify an individual.
There is so much sensitivity on the said case;
different sections of the bill shall be enumerated with regards to the
violation in which B has committed to A. There was mishandling of personal data
on the part of the data subject A. Any person should always be aware of
the things that should be divulge or shall be given freely to people whom
you don' really know personally, because they might be the reason in the future
that might or shall bring you to eminent danger.
The mere knowledge of one's cellular
number by friend or acquaintance should one or a third person asks it from you.
be aware that you should ask first for the consent of that individual, so
as you shall not be liable under this Privacy Act.
With this, I
held that B shall be penalized in accordance to Sec 25 of the said Act if
proven that he violated the grounds as stipulated on this Act.
With this Bill,
the State recognizes its vital role of information and communication technology
in the nation building and its inherent obligation to ensure that personal
information in the information and communication systems in the sector are
secured and protected. The President signed this Data Privacy Act 10173
which shall then require the preservation of personal data collected by public and
private entities.
With regards to
this RA 10173, not only the public and private entities will benefit from this
Bill, even the rapidly growing businesses, like the Call Centers into
outsourcing sector of the Philippines, as it aims to protect personal
digital data of private and public entities, even the likes of the Banks, who
have the pertinent data of their clients. Private Information should be handled
with utmost confidentiality.
This will
therefore pave the way for better business practices in companies and there
would be more and more business opportunities in attracting potential
investors here in the Philippines. For the private entities like us we shall be
therefore shielded by the law's mandate against possible crime and abuses from
the outside world of the people who have prying on ones private life.
Because of the
introduction of this RA 10173, it shall give us a certain peace of now, with
regards to eventually proliferation of gadgets nowadays, our privacy will be
readily available in just as snap of a finger. There is also a rampant
abuse in the use of such high tech gadgets, cellular phones are within the
limits that it can magnify every simple data, photos, videos, recordings etc.,
which shall be friendly to others but for those people of cruel intentions will
surely exploit each and everyone's private life.
I therefore, as an individual will adhere
to the RA 10173, it shall guard me from people who would exploit me in some way or
another in their prying eyes for the fact that being a wife of a public
official.
In this age where information is within
anyone’s reach, the issue then of privacy is something we should tackle
seriously. Identify the holder of the information, or the thief and other
crimes can occur when personal data are not being processed securely. And what
is so frustrating like this case is that the fact that even the nearest people
you know can easily divulge information to a third party without us knowing.
I
had so much experienced with regards such exploitation, so till now. Neither can
I give my number without me knowing who that person is, in order to
protect the lives of my children too.
With regards to this Act, there may be so
many different prospective on this Act, and yet it is to be identified and
should prove the effect of this act because we could not easily pinpoint nor
discuss the advantages and disadvantages.
The burden lies with its application and
implementation where it would be more of the government’s responsibility of
disseminating and explaining the real objective and intent of such act in order
to really affect growth and promote innovation for the purpose of nation
building.
The Data Privacy Act provides for a wide
scope of application, as it applies to the processing of
“all types of personal information and to
any natural and juridical person involved in personal information processing “
including personal information controllers and processors who, although not
found in the Philippines, use of high tech equipments and or have offices or
branches located in the country. It must be noted, however, that the Data
Privacy Act expressly excludes from its coverage the processing of personal
information originally collected from residents of foreign jurisdictions in
accordance with the laws of those foreign jurisdictions which is being
processed in the Philippines.
Another
important feature is the differentiation of “personal information from “sensitive
personal information”. Under the law, “personal
information” as stated above. On the other hand, “sensitive personal
information” refers to personal information: (1) about an individual’s race,
ethnic origin, marital status, age, color, and religious, philosophical or
political affiliations: (2) about an individual’s health, education, genetic or
sexual life of a person, or to any proceeding for any offense committed or
alleged to have been committed by such person, the disposal of such proceedings,
or the sentence of any court in such proceedings: (3) issued by government agencies
peculiar to an individual which includes, but not limited to, social security
numbers, previous or current health records, licenses or its denials,
suspension or revocation, and tax returns: and (4) specifically established by
an executive order or an act of Congress to be kept classified.
The
distinction is significant in the processing of “sensitive personal information”
is generally prohibited, except in some cases enumerated in the Act (which
includes consent). In contrast, the
processing of “personal information” is allowed, subject to compliance with the
requirements provided in the law.
The
Data Privacy Act provides for criminal penalties, (including imprisonment and fine)
for specific violations of the Act.
Examples of violations penalized are unauthorized processing, improper
disposal, processing for unauthorized purposes, unauthorized access or
intentional breach, concealment of security breaches, and malicious disclosure
of personal information and sensitive personal information.
The
actions to consider, under the Data Privacy Act, public and private person,
entities should review the existing data privacy policies in force or implement
one if none is in place. The broad definition
under the law means that most entities would be considered as “personal
information processors”, which means that the specific obligations under the
law must be considered and applied
We should also be aware that in every
transaction, security, and integrity is often required. Our life, your life, anyone’s life should
always be private. It is only the works
of man that some lives lose their sense of privacy. Just like the public officials whose life are
an open book and viewed by the public so more together with our actors and
actresses, in which their lives are imbued with private interest. Still, this public figures, politicians as
they are, there should be part of their lives too that should be treated with
privacy.
Everyone should always respect the privacy
of others; everything has its own limitations too. It had always been that, the
right of privacy is one of the most threatened rights of a man living in this
society, and such threats may come from various sources, one of them are the
people whom you don’t really know. We
shall be then stark naked in the eyes of a stranger.
End Notes:
Sources
“1987 Philippine Constitution- The LawPhil
Project. “ Philippine Laws and Jurisprudence Databank- The Lawphil Project
http://www.lawphil.net/consti/cons/1987.html
(accessed July 4, 2013)
“Republic Act No. 10173 AN ACT PROTECTING
INDIVIDUAL PERSONALINFORMATION IN INFORMATION AND COMMUNICATION SYSTEMS IN THE
GOVERNMENTAND THE PRIVATE SECTOR, CREATING FOR THIS PURPOSE A NATIONAL PRIVACY
COMMISSION AND FOR OTHER PURPOSES also known as Data Privacy Act of 2012
