Quantcast
Latest Stories

Gov’t admits cyber law ‘barely constitutional’

By

INQUIRER FILE PHOTO

MANILA, Philippines—The heart of Republic Act 10175 or the Cybercrime Prevention Act which is Section 12 or the Collection of Traffic Data is “barely constitutional,” government lawyers admitted before the Supreme Court Tuesday.

Section 12 of the law provides that “law enforcement authorities, with due cause, shall be authorized to collect or record by technical or electronic means traffic data in real-time associated with specified communications transmitted by means of a computer system.”

The same provision of the law provides that traffic data “refers only to the communication’s origin, destination, route, time, date, size, duration or type of underlying service but not content nor identities.”

High Court Justices asked what specifically is traffic data.

During the questioning of Senior Associate Justice Antonio Carpio,  Solicitor-General Francis Jardeleza said traffic data could include private data. However, he said it cannot be considered violation of the right to privacy since no court has declared it private.

Carpio asked Jardeleza if for example a police officer tries to get a traffic data about him, will he raise the defense of privacy?

“I cannot argue privacy because the data on phone is external data therefore, that is not covered by privacy…Taking as instructive the experience in the US, in that jurisdiction, traffic data can be exercised if the trigger is a Federal State attorney,” Jardeleza said.

“But here any police can do it,” Carpio said.

“That is why my answer is it is constitutional but barely,” Jardeleza said.

Jardeleza added that collection of traffic data is allowed as long as there is “due cause.”

Carpio, together with Sereno, Associate Justices Teresita Leonardo De Castro, Mariano Del Castillo, Jose Perez asked what is due cause.

Jardeleza said “unfortunately, that is one of our misgivings under the law.”

“The law does not define what due cause means. Who will initiate the determination of due cause,” De Castro asked.

“You are right your honor,” Jardeleza said.

Sereno noted that Jardeleza himself demonstrated unease with Section 12.

“Section 12 grapples with due cause. What kind of animal is this and who will identify this animal…This section is the heart of the law, without this, this law is good for nothing,” Sereno said.

Without the Cybercrime Law, Carpio said, hacking can still be prosecuted under Republic Act 8792 or the E-Commerce Law.

“Even if we void this law, it is not a problem, hacker can still be penalized,” Carpio said.

The high court gave both the government and the anti-cybercrime law advocates 20 days to submit their memoranda.

However, extension of the restraining order on the implementation of the law will still be discussed by the court. The restraining order will expire on Feb. 5.


Follow Us

Follow us on Facebook Follow on Twitter Follow on Twitter


Recent Stories:

Complete stories on our Digital Edition newsstand for tablets, netbooks and mobile phones; 14-issue free trial. About to step out? Get breaking alerts on your mobile.phone. Text ON INQ BREAKING to 4467, for Globe, Smart and Sun subscribers in the Philippines.

Tags: Cybercrime Prevention Act , infotech , News , press freedom , privacy




Copyright © 2014, .
To subscribe to the Philippine Daily Inquirer newspaper in the Philippines, call +63 2 896-6000 for Metro Manila and Metro Cebu or email your subscription request here.
Factual errors? Contact the Philippine Daily Inquirer's day desk. Believe this article violates journalistic ethics? Contact the Inquirer's Reader's Advocate. Or write The Readers' Advocate:
c/o Philippine Daily Inquirer Chino Roces Avenue corner Yague and Mascardo Streets, Makati City, Metro Manila, Philippines Or fax nos. +63 2 8974793 to 94
Advertisement
  1. US teacher fired over comment on black president
  2. Enrile chief aide back in PH ‘to face charges’
  3. Filipinos, Dane re-enact crucifixion of Christ
  4. Magnitude-7.5 earthquake shakes Mexican capital
  5. Henares on Pacquiao bashing: I did not start this
  6. ‘No real progress in PH if dynasties not dismantled’
  7. Massive infra spending set
  8. More legal woes for Cedric Lee
  9. Easter crucifixions draw huge crowds
  10. Korea ferry captain arrested, divers spot bodies
  1. Kim Henares needs a reprimand, says Cayetano
  2. Suspect in Vhong Navarro mauling tries to leave PH
  3. More legal woes for Cedric Lee
  4. ‘No real progress in PH if dynasties not dismantled’
  5. ‘Mom, I love you,’ says text from student on sinking ferry
  6. Fr. Suarez says last Mass on Easter before returning donated land to San Miguel
  7. Enrile chief aide back in PH ‘to face charges’
  8. Massive infra spending set
  9. Henares on Pacquiao bashing: I did not start this
  10. I’ll follow my conscience on Estrada, says JV Ejercito
  1. KL confirms Malaysian Airlines Flight MH370 ended in Indian Ocean
  2. MRT passengers pass the hat for 6-year-old Ashley
  3. Rookie, lady cops lauded for quick response to MOA heist
  4. Malaysia averts another air tragedy; pilot lands troubled plane safely
  5. Revilla says he was joking; Lacson stands by his story
  6. Revilla ‘consulted’ Lacson on how he evaded arrest
  7. Police rule out foul play in Helena Belmonte’s death as boyfriend is ‘traumatized’
  8. Cudia, dismissed for lying, got 99% in conduct
  9. Model Helena Belmonte wished ‘to slash her wrist and hope to die’
  10. Hammer-wielding robbers cause chaos at Philippines’ Mall of Asia
Advertisement

News

  • Gigi Reyes back to face charges
  • Like Passover, Easter festival of deliverance
  • How other faiths in PH observe Holy Week
  • Collector Danny Garcia says Inquirer worth more than news
  • Cardinal Tagle: Start new life with true peace
  • Sports

  • Pacquiao top Mayweather contender
  • Rain or Shine, Ginebra clash for No. 6 spot
  • Ateneo eyes quarterfinal spot vs Benilde
  • Style contrast marks OneFC ‘Rise of Heroes’
  • ‘Pacquiao a great ambassador for basketball’
  • Lifestyle

  • Almost mugged on Chino Roces Avenue
  • Left out of the decision-making by her husband and in-laws
  • How Zsa Zsa Padilla found Conrad Onglao; Sharon Cuneta played Cupid
  • Palawan favorite getaway of show biz celebrities
  • Levine designs womenswear with help from fiancee
  • Entertainment

  • Why ‘Noah’ can’t dock his ark at Philippine theaters
  • Acclaimed artist goes wild while on holiday
  • Believing in this mermaid
  • Missing Xian
  • Awarded TV couple brings Jesus’ life to the big screen
  • Business

  • Top-selling insurance agent opens her dream café
  • Connecting and transacting with one another
  • Building wealth for health
  • Why Mandaue Foam buys, rather than rents, space
  • A workplace of new possibilities
  • Technology

  • Nasa’s moon-orbiting robot crashes down
  • Netizens pay respects to Gabriel Garcia Marquez
  • Nokia recalls 30,000 chargers for Lumia 2520 tablet
  • Facebook rolls out ‘nearby friends’ feature
  • Netizens seethe over Aquino’s ‘sacrifice’ message
  • Opinion

  • Epiphany
  • Unpaid creditor vs distressed debtor
  • Moving on
  • From culinary desert to paradise
  • Response to China: ‘Usjaphil’
  • Global Nation

  • Cesar Chavez movie sparks memories of Fil-Am labor leaders
  • Filipinos in US poised for success
  • Visas for priests and other faith leaders
  • DOH to continue tracking co-passengers of OFW infected with MERS virus
  • 5 Filipinos with MERS in UAE reported in stable condition
  • Marketplace
    Advertisement