Author: Jenine Yee

How Privacy is Used to Commit Crimes

The tension between privacy and security has been the subject of countless debates.1 While unfettered privacy may be prone to abuse impairing the state’s capacity to police unlawful activity, an uncontrolled government would result in tyranny.2 This article will look at how the abuse of the right to privacy facilitates the commission of crime. A. Restrictions on Searches and Seizures The 1987 Constitution protects the right of the people to be secure in their houses, papers, and effects.3 This mantle of protection is essential for the citizens to enjoy their autonomy and exercise their right to privacy.4 Protection is granted […]

Data Privacy Principles and Rights

The Data Privacy Act of 2012 (hereinafter, DPA or Act) is the Philippines’ first data privacy law. This  landmark legislation is instrumental in obtaining the needed investments for the Philippine’s booming information technology-business process outsourcing (IT-BPO) industry.1 The industry involves the heavy processing of confidential and personal information.2 With the DPA, information collected is safeguarded from security incidents.3 In order to protect data privacy, an entity covered by the Act must, among other things, observe the data privacy principles4 and uphold the rights of the data subject5. I. Data Privacy Principles There are four general principles with respect to the […]

Compliance Requisites under the Data Privacy Act for Foreign Entities

I. Extra-territorial Application of the DPA The Data Privacy Act (hereinafter, DPA or Act) and its Implementing Rules (hereinafter, IRR) apply to both natural and juridical persons who are involved in the collection, recording, organization, storage, updating, consultation, erasure, or destruction of personal information. The DPA is applicable even if the processing is conducted abroad, so long as it relates to personal information of Philippine citizens or residents. For instance, dating websites which handle personal information of Filipino citizens or residents are therefore covered by the Act. Match.com, which is established in Texas and operated beyond the Philippines’ territorial jurisdiction, […]