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DOJ adopts electronic filing for petitions for review

DOJ adopts electronic filing for petitions for review

Citing the promotion of efficient administration of justice, trends of procedure, and advances in technology, the Department of Justice on 8 March 2017, released a set of rules governing the electronic filing of all petitions for review to the Office of the Secretary and Regional Prosecutors. The rule is also applicable to the comments, other documents filed pursuant to the petition, and other pleadings and motions filed thereafter. Under the rules, only the original copy of the petition for review, comment, pleading, or motion, and its attachments shall be filed. However, the submission shall be accompanied by a compact disc […]

Photo: PC Magazine

DICT Releases Circular on Cloud Policy, Adopts “Cloud First” Approach

In a circular dated 18 January 2017, the Department of Information and Communications Technology (‘DICT’) prescribed the policy on the government’s policy use of cloud computing technology. The policy is meant to reduce costs, increase employee productivity, and develop excellent citizen online services. The circular covers all departments, bureaus, offices, and agencies of the national government and GOCCs and LGU. Under the circular, ‘cloud computing’ is defined as a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources. It recognises that cloud computing has brought new and more efficient means of managing government […]

BSP Releases Guidelines Regulating Virtual Currencies Exchanges

BSP Releases Guidelines Regulating Virtual Currencies Exchanges

In its resolution dated 19 January 2017, the Monetary Board approved a new set of rules and regulations that would govern the operations of virtual currency exchanges in the country. The guidelines are to be incorporated in §4512N of the Manual of Regulations for Non-Bank Financial Institutions. The guidelines were made in recognition of the potential of virtual currencies in revolutionising the delivery of financial services and the risks that accompany it including consumer protection and the susceptibility to be used in illegal activities. The guidelines define the term a virtual currency, such as BitCoin, as any type of digital […]

Supreme Court Designates Cybercrime Courts

Supreme Court Designates Cybercrime Courts

  In its resolution dated 15 November 2016 in A.M. No. 03-03-03-SC, the Supreme Court en banc designated Special Commercial Courts as ‘Cybercrime Courts’. These courts now have the power to try and decide cases covered by the Cybercrime Prevention Act within their respective territorial jurisdictions. Accordingly, Cybercrime cases shall now be filed with the Office of the Clerk of Court in the official station of the proper cybercrime court. The resolution further gave Cybercrime Courts in Quezon City, Manila, Makati, and Pasig the authority to act on application for search warrants involving violations of the Cybercrime Prevention Act. Such […]

Analysis: NPC Recommends Prosecution of COMELEC Chairman Bautista for Data Privacy Breach (Part I of II)

Analysis: NPC Recommends Prosecution of COMELEC Chairman Bautista for Data Privacy Breach (Part I of II)

  Last January 5, 2017, the National Privacy Commission (NPC) recommended the filing of criminal charges against COMELEC Chairman Andres Bautista in the aftermath of the “Comeleak” incident. As of time of writing, the NPC has not yet released the full text of its decision. However, portions of the Commission’s reasoning can be read in an article on its official website. According to the NPC, the COMELEC Chairman’s culpability lies in his failure to take adequate measures to secure the COMELEC’s voter registration databases, which contains what the law defines as personal and sensitive personal information. Quoting the decision, the online article […]

Data Protection Officers: A Quick Guide

The Data Privacy Act of 2012 provides for security measures for the protection of personal data. Under Rule VI of the law, personal information controllers and personal information processors, shall, in appropriate cases, designate Data Protection or Compliance Officers as their representatives. These officers shall be held accountable for “ensuring compliance with applicable laws regarding the protection of data privacy and security.” [1] Data Protection Officers (DPOs), are mandated to ensure that data protection policies providing for organization, physical, and technical security measures are followed. The rights of data subjects are respected when the personal information controllers and processors, represented […]

The DICT as Indirect Regulator

The DICT as Indirect Regulator

A Look into the Department’s Potential for Impact on Telecommunications, Government Procurement and Coordination Among Agencies On May 20, 2016, Republic Act No. 1084, otherwise known as the “Department of lnformation and Communications Technology Act of 2015”, was signed into law. The Act’s Implementing Rules and Regulations have since been released as of October 15, 2016. Composed of administrative agencies formerly under the Department of Transportation and Communications (DOTC) and the Department of Science and Technology (DOST), and which will remain autonomous, the DICT has several roles to play, among which are to ensure an increase in cyber security and monitor […]

Cybercrime search warrants and the role of ISPs

Cybercrime search warrants and the role of ISPs

Just like in any other crime, a search warrant is necessary to aid in the prosecution of cybercrime [i]. Aiming to protect the fundamental right against unreasonable searches and seizures, the policy of procuring search warrants for cybercrimes is definitely sensible on paper. However, the unique nature of data and computer systems makes it troublesome. Can service providers be the solution? The unique nature of search warrants in cyberspace The procurement of a search warrant is a crucial part of the criminal prosecution process. By means of the warrant, law enforcement officers can secure material pieces of evidence [ii]. Without such prior […]

Penalizing Cybersex

Penalizing Cybersex

  In the Philippines, the operation of cybersex dens is increasingly becoming a huge concern. From the early 2000s, various sex dens have been raided, resulting in the arrests of perpetrators and rescues of victims [1], some of them being minors as young as two years old [2]. Filling the gaps in previous laws, the Cybercrime Prevention Act can be provide authorities a powerful way address these offenses. Operation of cybersex dens in the Philippines In cybersex dens, clients pay to have cybersex workers perform sexually explicit acts over the internet. Operators usually maintain a website, where potential clients can […]

Privacy Rights of The Deceased

Privacy Rights of The Deceased

  Early last year, social media giant, Facebook, finally created a policy for its deceased users. A legacy contact, or a person designated by the user, can manage his account after his death. He can pin a post on the latter’s timeline, accept friend requests, update his profile picture, or download an archive of photos. What he couldn’t do however, is to read private messages. “We respect the privacy of those contacts. It didn’t make sense to include those messages,” Facebook product manager Vanessa Callison-Burch explained. In a way, Facebook is being instrumental in the move towards digital estate management, […]