Data Privacy

The Anti-Photo and Video Voyeurism Act of 2009: A Primer

The Anti-Photo and Video Voyeurism Act of 2009: A Primer

    The Anti-Photo and Video Voyeurism Act of 2009 A Primer The highly publicized sex videos of celebrity physician Hayden Kho with various celebrity partners rocked Philippine society in May 2009 and was quickly shared online and later distributed through DVD in the streets and sidewalks. In response to this, Congress passed Republic Act 9995 (Anti-Photo and Video Voyeurism Act of 2009) to prevent the publication and distribution of similar material in the future.[1] The law prohibits recording videos or taking photos of a sexual act, the male or female genitalia, and of the female breast, among others, without […]

Facebook and the Expectation of Privacy

Facebook and the Expectation of Privacy

An Analysis of Vivares v STC In 2012, news came out involving the case of students who were not able to attend their high school commencement exercises after the school found out that photos where they were wearing bikinis and drinking alcohol were posted on Facebook. Aggrieved, the parents of the children filed a petition for a writ of habeas data which the Regional Trial Court (RTC) dismissed in July 2012. Two years hence, the Supreme Court (Court) affirmed the decision of the RTC and found that there is no violation of the privacy rights of the minors. The facts, […]

Mobile Phone Data and the Right against Warrantless  Searches and Seizures

Mobile Phone Data and the Right against Warrantless Searches and Seizures

An analysis of People v Enojas Are mobile phone data—phonebook contacts, messages, photographs, accounts, emails, etc., —subject to searches and seizure? This legal issue was touched upon in a recent case, People vs. Noel Enojas (G.R. No. 204894), which was decided by the Supreme Court on 10 March 2014. The case involves murder charges against four individuals prosecuted for the shooting of a police officer along Alabang-Zapote Road in Las Pinas City sometime in September 2006. After the shooting incident, the lawful authorities obtained a mobile phone owned by one of the suspects. The police then used the phone to […]

Informational Privacy in the Age of Facebook

Informational Privacy in the Age of Facebook

On September 29, 2014, the Supreme Court in Vivares v St. Theresa’s College rendered a decision laying down the rules on the extent to which social media users can have a reasonable expectation of privacy when using social networking sites. The case involved two minors who were graduating high school students of St. Theresa’s College (STC), who in 2012 took photos of themselves wearing only their underwear as they were changing into their swimsuits for a beach party. Other photos taken showed the girls smoking cigarettes and drinking hard liquor while another shows the girls wearing clothes that completely revealed […]

GMA News Interviews Atty. Disini on Internet Law Issues

GMA News Interviews Atty. Disini on Internet Law Issues

Tackling the prevalence of online activies, GMA TV program “News to Go” recently featured Atty. JJ Disini as expert guest on Internet Law. Hosted by Howie Severino, the interview focused on Philippine legal dilemmas spurred by technological developments, such as the Internet. Atty. Disini emphasized that cyber- crimes, both of unauthorized access and authorized access, are punishable under the E-Commerce Act. He noted that violations can still occur even where access is allowed as in the case of employees. The most common cyber crimes were also discussed. Atty. Disini first cited the widespread practice of sharing and downloading files, which […]

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