Data Privacy Act of 2012
The Data Privacy Act (Republic Act No. 10173) seeks to protect the confidentiality of “personal information.” The latter is defined as “any information whether recorded in 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 put together with other information would directly and certainly identify an individual.” The law imposes certain obligations on “personal information controllers” and those who “process” personal information. It also provides for penal and monetary sanctions for violations of its provisions. It took effect on 8 September 2012.
Cybercrime Prevention Act of 2012
The Cybercrime Prevention Act (Republic Act No. 10175) penalizes “cybercrimes”— acts that fall into any of these major categories:
- offenses against the confidentiality, integrity and availability of computer data and systems (e.g., illegal access, data interference);
- computer-related offenses (e.g., computer-related forgery and fraud);
- content-related offenses (e.g., cybersex).
The law took effect on 3 November 2012. However, several petitions assailing the constitutionality of the law have been filed before the Philippines Supreme Court. The latter issued a temporary restraining order enjoining the implementation of the new law, which order is effective until 6 February 2013. Petitioners are seeking an extension of the order.
Developments in Foreign Ownership Restrictions
The Philippine Supreme Court has issued a decision that may have a significant impact on how local nationality requirements (i.e., constitutional and statutory provisions requiring minimum Filipino ownership in certain industries) must be construed and applied. Enterprises such as telecommunications, media, advertising and land ownership are subject to such nationality requirements.
Read the articles by downloading the PDF of Technology, Media & Telecoms Legal Bulletin (January 2013) from the SyCipLaw website. |