In the Philippines, general security, privacy legislation, and copyright are primarily governed by the following key laws: the Data Privacy Act of 2012 (DPA), the Cybercrime Prevention Act of 2012, and the Intellectual Property Code of the Philippines.
Data Privacy Legislation
The primary law is the Republic Act No. 10173, known as the Data Privacy Act of 2012.
- Purpose: It protects the fundamental right to privacy by regulating the collection, processing, storage, and sharing of personal data in both the government and private sectors.
- Enforcement: Compliance is monitored and enforced by the National Privacy Commission (NPC).
- Key Principles: Data processing must adhere to principles of transparency, legitimate purpose, and proportionality.
- Data Subject Rights: Individuals have specific rights over their data, including the right to be informed, access, object, rectify, and the right to erasure or blocking of their personal information.
- Penalties: Violations can result in significant fines (up to Php4 million) and imprisonment, with higher penalties for offenses involving sensitive personal information or large-scale breaches.
General Security and Cybercrime
The Republic Act No. 10175, or the Cybercrime Prevention Act of 2012, addresses legal issues concerning online interactions and computer systems.
- Scope: This law prohibits cybersex, child pornography, unsolicited commercial communications, and various computer-related offenses like hacking and data interference.
- Security Measures: The DPA also mandates the implementation of organizational, physical, and technical security measures to protect personal data against natural and human dangers, including unauthorized access and misuse.
Copyright Legislation
Republic Act No. 8293, also known as the Intellectual Property Code of the Philippines, is the main law protecting creative works.
- Purpose: It secures the exclusive rights of creators, inventors, and artists to their intellectual property, promoting an environment conducive to creative activity.
- Enforcement: The Intellectual Property Office of the Philippines (IPOPHL) is the key agency involved in IP protection and enforcement.
- Infringement Penalties: Copyright infringement is punishable by imprisonment and substantial fines, which increase for repeat offenses.
References: Republic Act 10173 – Data Privacy Act of 2012 – National Privacy CommissionNational Privacy Commission
