Author: Disini & Disini Law Office

Global InfoTech News – June 26, 2017

Google to Stop Scanning Gmail to Create Personalized Ads In a recent post on Google’s blog, the company’s cloud computing chief Diane Greene outlines the company’s decision to stop scanning Gmail content for targeted ads. The tremendous growth of the company’s G Suite, a product for enterprises, prompted Google to align G Suite’s Gmail and consumer gmail, enabling consumer users to opt out of being shown personalized ads.  Privacy concerns have risen from Google’s practice of analyzing incoming and outgoing emails from its free consumer Gmail users. http://www.reuters.com/article/us-alphabet-gmail-idUSKBN19E2C7   Facebook Introduces Tools Against Online Extremist Content Social media giant Facebook […]

Photo taken from http://privacy.gov.ph

NPC Privacy Materials Online

The National Privacy Commission (NPC) has released new materials to supplement the Data Privacy Act (DPA). The new materials, located in the “Our Services” section of privacy.gov.ph, is divided into three (3) modules, specifically “ I Want to Know More”, “I Want to Comply”, and “I Want to Complain”. First, the “I Want to Know More” module, which is further subdivided into five (5), contains general information about the rights of a data subject, the text of the DPA and its Implementing Rules and Regulations (IRR), the text of the memorandum circulars and advisories issued by the NPC , and […]

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 […]