ASEAN INTEGRATION ON INTELLECTUAL PROPERTY

ASEAN INTEGRATION ON INTELLECTUAL PROPERTY

Having been born in a third world country has its advantages and also numerous disadvantages. One thing I can say that is advantageous to me is that I learned to live my life to its fullest, making possibilities with everything that surrounds you. However, one of the biggest disadvantages of being a third world country is the lack of better opportunities for the citizens caused by insufficiency of wealth. The majority of the people living in our country are below average, unlike western countries that they almost have no real problems regarding how to survive our everyday struggle. I was raised in a province way up north, a very populated poor province. Life is simple there; we wake up really early, and sleep early too. I think it’s just that way how living in the province works. We don’t have hangout places, clubs or bars the people go to after a hard days work. People just go to stores, have a quick snack and then go straight back to their families. My ascendants lived in the same province since my great grandfather who migrated from Mainland China during the war; therefore I can say that our family knew a lot of people living in the same area. I as well, met and grew up with plenty of my kids there my age. Many of them are bright and talented, and if given enough support, may someday make a contribution that this country will appreciate. However, one of the biggest problems in our province is the lack support needed to continue to nurture and develop our skills and potentials. As I grew up, I realized that not everybody are born equal, some blessed with riches and good families, and unfortunately, many are born with only the blessing of a family. I saw a lot of my friends struggled with their family to try and support to maintain their lives. Some get the chance to study and improve, while others accept the fact that they cannot be supported by their parents financially.

          Our world has now entered a modern era where learning how to use a computer or an electronic device is no longer for those who are interested but a must for everybody. Everything that we do now is closely related to electronic devices. From your everyday grind to the luxury of vacation and leisure comes with along something that was brought by innovative technologies. However, this new educational need for us also comes with a price. To learn, you have to have the device, and to have to that device, you have to pay for it. With what being said, let us look again into the lives of those poor people living in the suburbs. If learning these things is now a must for everybody, how can they cope up with no money to fund their needs? These are the questions pondering me when people talks about how the evolution for the need of technology drastically increases. How about the little guys? Are we just going to let them be ignorant about these things?

          And now comes the integration of the Association of Southeast Asian Nation or ASEAN. It was created as a group of countries cooperating for the fast growth and development of each. It also enhances the peace and unity of the members of the association. This act mainly synchronizes the norms of the members to a single system. The question now is “upon the integration of the ASEAN to the Philippines, would it help those who are really in need, the little guys, or would it only take advantage of their ignorance and crush them into ground? And in relation to Intellectual property rights of the citizen, upon the ASEAN integration, citizens from the association’s members are permitted to practices their profession with the any member country. One example here is the profession of being a lawyer, a lawyer is only entitled to practice inside the jurisdiction of the state where such lawyer is a member of the bar, however, upon this integration, the lawyers of a member nation are permitted to practice within another member nation’s jurisdiction without the need to be member of their bar. In this case, the situation is both advantageous and at the same time, disadvantageous. In one aspect, a person is permitted to practice his profession on a wider scale and is given more opportunity, on the other hand, a person who lacks the ability expand and merely wants to maintain obtains more competition, not only with his fellow citizens, but also with the citizens of the member nations of the association. Is this act of will eventually help with our economic growth and development, or will it be just another way for other nations to get ahead of us?

            The Association of Southeast Asian Nation

Forty-seven years ago, five foreign ministers of 5 countries met together and sat down in the hall of the Department of Foreign Affairs building located in Bangkok, Thailand. They talk about the differences and similarities of their respective countries and come up with a great idea to unite and develop each Nation side by side with the other. They organized and devised a system where the establishment and continuance of great and innovative plans and ideas which will enhance and develop the economical status of one country will greatly benefit the other, hence the ASEAN was created. On August 8, 1967, The Association of Southeast Asian Nation, or ASEAN, a document signed by the 5 Foreign Ministers of Philippines, Singapore, Malaysia, Thailand and Indonesia. This well thought plan signed by Narciso Ramos of the Philippines, Adam Malik of Indonesia, Thanat Khoman of Thailand, Tun Abdul Razak of Malasia, and Rajaratnam of Singapore has been building a reputation of probably the most booming and successful inter-country governmental organization in twentieth century.

The ASEAN Declaration, a simple and short document, having only a few articles attached to it. The declaration discusses about the establishment of a collaboration of its members to an inter-nation cooperation to promote economical, social, cultural, technical, educational and other fields enhancement and stability. Another aspect is to promote peace and unity of its members, respect and abide the rules of law and principles of the signatories.

The Association of Southeast Asian Nations, or ASEAN, was established on 8 August 1967 in Bangkok, Thailand, with the signing of the ASEAN Declaration (Bangkok Declaration) by the Founding Fathers of ASEAN, namely Indonesia, Malaysia, Philippines, Singapore and Thailand. Brunei Darussalam then joined on 7 January 1984, Viet Nam on 28 July 1995, Lao PDR and Myanmar on 23 July 1997, and Cambodia on 30 April 1999, making up what is today the ten Member States of ASEAN.[1]

The document containing the articles declared the establishment and creation of an Association for Regional Cooperation among the Countries of Southeast Asia to be known as the Association of Southeast Asian Nations (ASEAN) and indicated the aims and purposes of that Association.

 As set out in the ASEAN Declaration, the aims and purposes of ASEAN are:

1) To accelerate the economic growth, social progress and cultural development in the region through joint endeavors in the spirit of equality and partnership in order to strengthen the foundation for a prosperous and peaceful community of Southeast Asian Nations;

2) To promote regional peace and stability through abiding respect for justice and the rule of law in the relationship among countries of the region and adherence to the principles of the United Nations Charter;

3) To promote active collaboration and mutual assistance on matters of common interest in the economic, social, cultural, technical, scientific and administrative fields;

4) To provide assistance to each other in the form of training and research facilities in the educational, professional, technical and administrative spheres;

5) To collaborate more effectively for the greater utilization of their agriculture and industries, the expansion of their trade, including the study of the problems of international commodity trade, the improvement of their transportation and communications facilities and the raising of the living standards of their peoples;

6) To promote Southeast Asian studies; and

7) To maintain close and beneficial cooperation with existing international and regional organizations with similar aims and purposes, and explore all avenues for even closer cooperation among themselves.[2]

In their relations with one another, the ASEAN Member States have adopted the following fundamental principles, as contained in the Treaty of Amity and Cooperation in Southeast Asia (TAC) of 1976:

1) Mutual respect for the independence, sovereignty, equality, territorial integrity, and national identity of all nations;

2) The right of every State to lead its national existence free from external interference, subversion or coercion;

3) Non-interference in the internal affairs of one another;

4) Settlement of differences or disputes by peaceful manner;

5) Renunciation of the threat or use of force; and

6) Effective cooperation among themselves[3]

The integration of the ASEAN declaration to our country has its own advantages and also its disadvantages; one of the issues involved with such integration is the protection of the people regarding their intellectual property rights. Many are concerned that with this incorporation, its effect would lessen the constitutional protection for their intellectual property.

Under the Philippines Constitution of 1987, Article XIV:

Section 12.“The State shall regulate the transfer and promote the adaptation of technology from all sources for the national benefit. It shall encourage the widest participation of private groups, local governments, and community-based organizations in the generation and utilization of science and technology”,

Section 13. “The State shall protect and secure the exclusive rights of scientists, inventors, artists, and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such period as may be provided by law” ;and

Section 14. “The State shall foster the preservation, enrichment, and dynamic evolution of a Filipino national culture based on the principle of unity in diversity in a climate of free artistic and intellectual expression.”[4]

In addition to the Constitutional provisions regarding the protection of intellectual property of every individual, the Philippine government also enacted Republic Act 8292, also know as the Intellectual Property Code. This code is made for the protection and assertion of the rights of people regarding their ideas, inventions and creations. It focuses mainly on the right of the citizens to have exclusive use of their creation for a specified number of years, may it a copyright, trademark or patent protection.

The right of the people to their exclusive use and ownership of their creation not only protects them from future appropriation of the idea by another, but also encourage individuals to strive to develop and create new and innovative ideas. In the same way, the ideas brought by the people will eventually assist for the improvement and development of the country. In that sense, it may also further attract future foreign investments that will increase the economic status of the country. This is accordance to the declaration of policies written under the Intellectual Property Code or Republic Art 8293:

Section 2. Declaration of State Policy – The State recognizes that an effective intellectual and industrial property system is vital to the development of domestic and creative activity, facilitates transfer of technology, attracts foreign investments, and ensures market access for our products. It shall protect and secure the exclusive rights of scientists, inventors, artists and other gifted citizens to their intellectual property and creations, particularly when beneficial to the people, for such periods as provided in this Act.

The use of intellectual property bears a social function. To this end, the State shall promote the diffusion of knowledge and information for the promotion of national development and progress and the common good.

It is also the policy of the State to streamline administrative procedures of registering patents, trademarks and copyright, to liberalize the registration on the transfer of technology, and to enhance the enforcement of intellectual property rights in the Philippines.[5]

Upon the creation of ASEAN, the consideration on the how to maintain the Intellectual property rights of the citizens of the members raised a lot of questions. Question about the protection of such rights and questions on how to take advantage of this act to increase the opportunity regarding given to the people.

Intellectual property and Intellectual Property Rights creation, commercialization, and protection have been a significant source of comparative advantage of enterprises and economies and a major driver of their competitive strategies. Indeed, ASEAN is fully aware of the pressing need for a long-term policy commitment to collectively transform the region into one, which is largely based on knowledge, driven by innovation and sustained by life-long learning. Member Countries have pledged to work together to help accelerate the pace and scope of IP asset creation, commercialization and protection; to improve the regional framework of policies and institutions relating to IP and IPRs, including the development and harmonization of enabling IPR registration systems; to promote IP cooperation and dialogues within the region as well with the region’s Dialogue Partners and organizations; to strengthen IP-related human and institutional capabilities in the region, including fostering greater public awareness of issues and implications, relating to IP and IPRs. The new action plan on IPRs for 2004-2010 would cover all these aspects.

The Experts Group on Trademark has finalized the ASEAN Filing Form for Trademarks and the Notes for the Completion of the Application. These achievements, together with the completed ASEAN Common Form and the consolidated ASEAN list of ethnic goods and services, represent important steps forward in the regional cooperation in IP. Despite its inherent complexities, Member Countries have continued their efforts in the harmonization of the trademark filing requirements. This is a process of significant importance towards the establishment of a regional filing system.Meanwhile, the Experts Group on Patents continues to examine the many substantive differences in design laws and procedures that need harmonization in ASEAN. The deliberations of the Expert Group have been greatly assisted by various detailed consultations with private-sector organizations as well as the experiences of the European Community Design (CD) system in the EU.

Collaboration among Member Countries is now extended to copyright and related rights and preparatory work on a cooperation program in this regard has been initiated. Member Countries have also made substantive progress in ensuring the conformance of their IP legislations to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. Concerted efforts have also been made to better monitor, enforce and prosecute IPR infringements. Of considerable assistance in this connection are the regular exchanges of IP policy experiences and developments among Member Countries and promotion of greater public awareness of issues and implications relating to IP and IPRs.

ASEAN continues its active cooperation in the IP sector with the Dialogue Partners, donor countries and agencies and private sector organizations – including the ASEAN Intellectual Property Association, the International Trademark Association, Office for Harmonization in the Internal Market (OHIM), World Intellectual Property Organization (WIPO), Australia, EU, and Japan Patent Office. A medium-term cooperation program in the field of IPRs for 2004-2006 between ASEAN and the United States Patent and Trademark Office has been adopted.[6]

Ron Mikhail Uy

2013-0428

Atty. Berne Guerrero

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[1] http://www.asean.org/asean/about-asean/overview

[2] http://www.asean.org/asean/about-asean/overview

[3] http://www.asean.org/asean/about-asean/overview

[4] Article XIV, Philippine Constitution 1987

[5] Intellectual Property Code

[6] http://www.asean.org/communities/asean-economic-community/category/intellectual-property

DATA PRIVACY ACT

DATA PRIVACY ACT

The Republic Act 10173, the Data Privacy Act of 2012, signed by President Benigno S. Aquino III on August 15, 2012, protects the integrity and confidentiality of individual personal information in information and communication systems in the government and the private sector. The new law penalizes the unauthorized disclosure of personal information. It protects journalists and publishers, as they will not be compelled to reveal the source of a news report.

Republic Act 10173 was patterned on standards set by Directive 95/46/EC of the European Parliament and aligned with Asia Pacific Economic Cooperation Information Privacy Framework, that protect the integrity of personal data. It provides for the creation of a National Privacy Commission that will monitor and ensure compliance of the country with international standards for data protection. The commission will implement the law, receive complaints, issue cease-and-desist orders, compel entities to abide by its orders and monitor compliance, and enforce policies that balance the right of the private person to privacy.

The passage of RA 10173 is expected to boost investment in the fast-growing information technology and business process outsourcing (IT-BPO) industries. Hailing its enactment, the Business Processing Association of the Philippines said the new law brings the Philippines to international standards of privacy protection as much of IT-BPO work involves confidential personal and company information of local and foreign clients.

Excluded in the scope of RA 10173 are, among others, personal information processed for journalistic, artistic, literary or research purposes, information about government officials and other civil servants, information necessary for banks and financial institutions as part of anti-money laundering efforts, and personal data processed by central monetary authorities and law enforcement and regulatory agencies.[1]

DEFINITION OF PERSONAL DATA

Personal Information is defined in the Act as "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 put together with other information would directly and certainly identify an individual."

The Act, in addition to defining "Personal Information" that is covered by the law, also expressly excludes certain information from its coverage. These are:

• Information about any individual who is or was an officer or employee of a government institution that relates to the position or functions of the individual, including:

·        

• The fact that the individual is or was an officer or employee of the government institution;
• The title, business address and office telephone number of the individual;
• The classification, salary range and responsibilities of the position held by the individual; and
• The name of the individual on a document prepared by the individual in the course of employment with the government;
• Information about an individual who is or was performing services under contract for a government institution that relates to the services performed, including the terms of the contract, and the name of the individual given in the course of the performance of those services;
• Information relating to any discretionary benefit of a financial nature such as the granting of a license or permit given by the government to an individual, including the name of the individual and the exact nature of the benefit;
• Personal information processed for journalistic, artistic, literary or research purposes;
• Information necessary in order to carry out the functions of a public authority which includes the processing of personal data for the performance by the independent, central monetary authority and law enforcement and regulatory agencies of their constitutionally and statutorily mandated functions. Nothing in this Act shall be construed as to have amended or repealed Republic Act No. 1405, otherwise known as the Secrecy of Bank Deposits Act; Republic Act No. 6426, otherwise known as the Foreign Currency Deposit Act; and Republic Act No. 9510, otherwise known as the Credit Information System Act (CISA);
• Information necessary for banks and other financial institutions under the jurisdiction of the independent, central monetary authority or Bangko Sentral ng Philipinas to comply with Republic Act No. 9510, and Republic Act No. 9160, as amended, otherwise known as the Anti-Money Laundering Act and other applicable laws; and
• Personal information originally collected from residents of foreign jurisdictions in accordance with the laws of those foreign jurisdictions, including any applicable data privacy laws, which is being processed in the Philippines.[2]

The Right to Privacy

The right to privacy, as an inherent concept of liberty, has long been recognized as a constitutional right. This Court, in Morfe v. Mutuc, thus enunciated:

The due process question touching on an alleged deprivation of liberty as thus resolved goes a long way in disposing of the objections raised by plaintiff that the provision on the periodical submission of a sworn statement of assets and liabilities is violative of the constitutional right to privacy. There is much to be said for this view of Justice Douglas: “Liberty in the constitutional sense must mean more than freedom from unlawful governmental restraint; it must include privacy as well, if it is to be a repository of freedom. The right to be let alone is indeed the beginning of all freedom.” As a matter of fact, this right to be let alone is, to quote from Mr. Justice Brandeis “the most comprehensive of rights and the right most valued by civilized men.”

The concept of liberty would be emasculated if it does not likewise compel respect for his personality as a unique individual whose claim to privacy and interference demands respect. xxx.

x x x x x x x x x

x x x [I]n the leading case of Griswold v. Connecticut, Justice Douglas, speaking for five members of the Court, stated: “Various guarantees create zones of privacy. The right of association contained in the penumbra of the First Amendment is one, as we have seen. The Third Amendment in its prohibition against the quartering of soldiers ‘in any house’ in time of peace without the consent of the owner is another facet of that privacy. The Fourth Amendment explicitly affirms the ‘right of thepeople to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.’ x x x [I]n the leading case of Griswold v. Connecticut, Justice Douglas, speaking for five members of the Court, stated: “Various guarantees create zones of privacy. The right of association contained in the penumbra of the First Amendment is one, as we have seen. The Third Amendment in its prohibition against the quartering of soldiers ‘in any house’ in time of peace without the consent of the owner is another facet of that privacy. The Fourth Amendment explicitly affirms the ‘right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.’

x x x x x x x x x

So it is likewise in our jurisdiction. The right to privacy as such is accorded recognition independently of its identification with liberty; in itself, it is fully deserving of constitutional protection. The language of Prof. Emerson is particularly apt: “The concept of limited government has always included the idea that governmental powers stop short of certain intrusions into the personal life of the citizen. This is indeed one of the basic distinctions between absolute and limited government. Ultimate and pervasive control of the individual, in all aspects of his life, is the hallmark of the absolute state. In contrast, a system of limited government, safeguards a private sector, which belongs to the individual, firmly distinguishing it from the public sector, which the state can control. Protection of this private sector — protection, in other words, of the dignity and integrity of the individual — has become increasingly important as modern society has developed. All the forces of a technological age — industrialization, urbanization, and organization — operate to narrow the area of privacy and facilitate intrusion into it. In modern terms, the capacity to maintain and support this enclave of private life marks the difference between a democratic and a totalitarian society.”

In Ople v. Torres[3], this Court traced the constitutional and statutory bases of the right to privacy in Philippine jurisdiction, to wit:

Indeed, if we extend our judicial gaze we will find that the right of privacy is recognized and enshrined in several provisions of our Constitution. It is expressly recognized in section 3 (1) of the Bill of Rights:

Sec. 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law.

Other facets of the right to privacy are protected in various provisions of the Bill of Rights, viz:

Sec. 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.

Sec. 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.

x x x x x x x x x

Sec. 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health as may be provided by law.

x x x x x x x x x

Sec. 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.

Sec. 17. No person shall be compelled to be a witness against himself. Zones of privacy are likewise recognized and protected in our laws. The Civil Code provides that “[e]very person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons” and punishes as actionable torts several acts by a person of meddling and prying into the privacy of another. It also holds a public officer or employee or any private individual liable for damages for any violation of the rights and liberties of another person, and recognizes the privacy of letters and other private communications. The Revised Penal Code makes a crime the violation of secrets by an officer, the revelation of trade and industrial secrets, and trespass to dwelling. Invasion of privacy is an offense in special laws like the Anti-Wiretapping Law, the Secrecy of Bank Deposits Act and the Intellectual Property Code. The Rules of Court on privileged communication likewise recognize the privacy of certain information.

Unlike the dissenters, we rescind from the premise that the right to privacy is a fundamental right guaranteed by the Constitution, hence, it is the burden of government to show that A.O. No. 308 are justified by some compelling state interest and that it is narrowly drawn.[4]

Data Privacy Act

Republic Act No. 10173 or the “Data Privacy Act of 2012” is the tool which legislators assert to become the solution of the disturbance of the constitutional guaranty of life, liberty and property in relation ones own privacy provides that: It is the policy of the State to protect the fundamental human right of privacy, of communication while ensuring free flow of information to promote innovation and growth. 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. It further provides that: 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 or agency in the Philippines subject to the immediately succeeding paragraph: Provided, That the requirements of Section 5 are complied with.

This Act does not apply to the following:

(a) Information about any individual who is or was an officer or employee of a government institution that relates to the position or functions of the individual, including:

(1) The fact that the individual is or was an officer or employee of the government institution;

(2) The title, business address and office telephone number of the individual;

(3) The classification, salary range and responsibilities of the position held by the individual; and

(4) The name of the individual on a document prepared by the individual in the course of employment with the government;

(b) Information about an individual who is or was performing service under contract for a government institution that relates to the services performed, including the terms of the contract, and the name of the individual given in the course of the performance of those services;

(c) Information relating to any discretionary benefit of a financial nature such as the granting of a license or permit given by the government to an individual, including the name of the individual and the exact nature of the benefit;

(d) Personal information processed for journalistic, artistic, literary or research purposes;

(e) Information necessary in order to carry out the functions of public authority which includes the processing of personal data for the performance by the independent, central monetary authority and law enforcement and regulatory agencies of their constitutionally and statutorily mandated functions. Nothing in this Act shall be construed as to have amended or repealed Republic Act No. 1405, otherwise known as the Secrecy of Bank Deposits Act; Republic Act No. 6426, otherwise known as the Foreign Currency Deposit Act; and Republic Act No. 9510, otherwise known as the Credit Information System Act (CISA);

(f) Information necessary for banks and other financial institutions under the jurisdiction of the independent, central monetary authority or Bangko Sentral ng Pilipinas to comply with Republic Act No. 9510, and Republic Act No. 9160, as amended, otherwise known as the Anti-Money Laundering Act and other applicable laws; and

(g) Personal information originally collected from residents of foreign jurisdictions in accordance with the laws of those foreign jurisdictions, including any applicable data privacy laws, which is being processed in the Philippines.[5]

[6]

With this in mind, one may be able to assert that in enacting the “Data Privacy Act” the guaranty of privacy is not absolutely guarded by such a mandate. For instance, in a situation where by an owner of a company gives out his employees’ data and information to another company or person which is not in any way connected to the employees, who uses such information and data to sell and advertise the company’s products to the employees. And at the same time, the company or person who gives out the employee data receives commission from every sale, which the second company acquires.

Under the Republic Act 10173 “Data Privacy Act” - A personal information controller, refers to a person or organization who controls the collection, holding, processing or use of personal information, including a person or organization who instructs another person or organization to collect, hold, process, use, transfer or disclose personal information on his or her behalf. This exlucudes:

·       (1) A person or organization who performs such functions as instructed by another person or organization; and

·       (2) An individual who collects, holds, processes or uses personal information in connection with the individual’s personal, family or household affairs.

Under SEC 21. Principle of Accountability. – Each personal information controller is responsible for personal information under its control or custody, including information that have been transferred to a third party for processing, whether domestically or internationally, subject to cross-border arrangement and cooperation.

(a) The personal information controller is accountable for complying with the requirements of this Act and shall use contractual or other reasonable means to provide a comparable level of protection while the information are being processed by a third party.

(b) The personal information controller shall designate an individual or individuals who are accountable for the organization’s compliance with this Act. The identity of the individual(s) so designated shall be made known to any data subject upon request. However, uander Article 1167 of The New Civil Code, If a person obliged to do something fails to do it, the same shall be executed at his cost. This same rule shall be observed if he does it in contravention of the tenor of the obligation. Furthermore, it may be decreed that what has been poorly done be undone.

In this regard, we must be mindful that in such situation, both laws may be applicable. Now, while it is obvious that both laws operate differently, the question is for this law is that, can a person be penalized under both or if not why? RA 10173 doesn’t purport clearly the rules applicable in a case like this. To my view, a law which doesn’t perfectly provide for the specific, in line with the importance of a person’s life, liberty, or property and in accordance with a persons privacy must be given solution, because, ones privacy in put to peril, an individual is only given a chance to be on earth once, the importance of protecting once person is a duty that our leaders need to attend to.

Ron Mikhail Uy

2013-0428

Tech and The Law TTH 5:30-8:30

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[1] https://ph.news.yahoo.com/data-privacy-act-2012-102336873.html accessed on May 7, 14.

[2] http://www.mondaq.com/x/231590/data+protection/Data+Protection+Laws+of+the+World+Handbook+Second+Edition+Philippines accessed on May 7, 14.

[3] Opel vs Torres 354 Phil. 948 (1998)

[4] Gamboa vs Chan GR No. 193636

[5] Ibid, Section 4.

[6] Republic Act 10173, Section 2.