Communications surveillance is embodied or dealt with in various laws and rules, mostly involving penal statutes or otherwise bearing upon the privacy of communication (or communication privacy) which is a distinct species of privacy recognized in Philippine jurisprudence. Meanwhile, the Microsoft Azure cloud platform is used to secure real-time intelligence and provide situational awareness on specific incidents. The Presidential Communications Operations Office (PCOO) has announced that starting 15 August 2016, the Philippines started issuing new “high-security passports” through an expedited process. However, the act is only considered Cybercrime if it is intentional and not accidental. 9372, otherwise known as the “Human Security Act of 2007", is hereby amended. It was also made “principal adviser on national reconnaissance and surveillance activities” (Sec. According to Section 3, Article II of the Constitution, the Philippines “adopts the generally accepted principles of international law as part of the law of the land”. Through Administrative Order No. Furthermore, the service provider ordered to preserve computer data is directed to keep the order and its compliance confidential  (Sec. Cybercrime may threaten a person, company or a nation's security and financial health.. 290). In April 2014, some reports revealed a purported plan by the government to create a new intelligence agency akin to that of the U.S. Defense Intelligence Agency. IMSI Catchers can also record voice and message data as they travel through mobile networks. 3(o), RA 10175), traffic data (defined in Sec. The Anti-Child Pornography Act of 2009 (RA 9775) may be read as effectively facilitating communications surveillance by internet service providers (ISPs) – private entities – since this law requires ISPs, under pain of penalty, to: (1) notify the PNP or the NBI of facts and circumstances indicating that any form of child pornography is being committed using its server, (2) preserve evidence of the same for purpose of investigation and prosecution, and (3) install software to ensure that access to or transmittal of any form of child pornography will be blocked or filtered (Section 9, RA 9775). Any person who willfully or knowingly does or who shall aid, permit, or cause to be done any of the acts declared to be unlawful in the preceding section or who violates the provisions of the following section or of any order issued thereunder, or aids, permits, or causes such violation shall, upon conviction thereof, be punished by imprisonment for not less than six months or more than six years and with the accessory penalty of perpetual absolute disqualification from public office if the offender be a public official at the time of the commission of the offense, and, if the offender is an alien he shall be subject to deportation proceedings. 68, s. 2003). The National Telecommunications Commission is the local telecommunications industry’s regulatory body. In January 2016, the Department of Health, Department of Science and Technology, and Philippine Health Insurance Corporation signed Joint Administrative Order No. 2016-0002, or the Privacy Guidelines for the Implementation of the Philippine Health Information Exchange (PHIE). Cybercrime is now defined as any criminal offense that is facilitated by, or involves the use of, electronic communications or information systems, including any electronic device, computer, or the internet. The Anti-Cybercrime Group (ACG) was activated in March 2013, pursuant to Section 10 of the Cybercrime Prevention Act, which provides that the PNP, along with the National Bureau of Investigation (NBI), shall “organize a cybercrime unit or center manned by special investigators to exclusively handle cases involving violations” of the law. FMA reported that in January 2013, an individual named “Gadburt Mercado” began communicating with Daniel Maglietta, Chief of HT’s Singapore Representative Office, to set up a product demonstration meeting between HT executives and Mr. Mercado’s supposed principal, Col. Manuel Lucban, Chief of Police of Makati City. Those who knowingly possess, replay, or communicate recordings of wiretapped communications (section 1) as well as those who aid or permit wiretapping (section 2), are likewise held liable. His cases were, Other reported cases of wiretapping were false alarms. The presence of the National Security Adviser/Director in all meetings of the Board is mandatory Sec. In one case, a legislator was accused of having violated the law after recording an executive session of a Congressional committee. The State of Privacy in the Philippines is the result of an ongoing collaboration by Privacy International and Foundation for Media Alternatives. The Anti-Wiretapping Act of 1965 (RA 4200, entitled “An Act to Prohibit and Penalize Wire Tapping and other Related Violations of the Privacy of Communication, and for other Purposes”) prohibits and penalises wire tapping done by any person to secretly overhear, intercept, or record any private communication or spoken word of another person or persons without the authorisation of all the parties to the communication. The PNP shall create an anti-cybercrime unit headed by at least a Police Director. These cybercriminals create computer viruses and Trojan programs that can: Overall, 45 million people are active Internet users, while 32 million are active mobile internet users. Globe is the nation's predominant phone service provider with 65.5 million subscribers of a total population of approximately 100 million, as reported in October 2015. On 13 March 2011, an individual claiming to belong to the National Bureau of Investigation’s (NBI) Cyber Center, working under of the Office of the Director, reached out to the company seeking a proposed solution to a potential “cyber attack offensive”, similar to what was then a common occurrence in Australia. 10173). 3, Executive Order No. However, RA 4200 provides an exception for instances where a law enforcement officer is authorized by a written order of the Court to perform wire-tapping “in cases involving the crimes of treason, espionage, provoking war and disloyalty in case of war, piracy, mutiny in the high seas, rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion, sedition, conspiracy to commit sedition, inciting to sedition, kidnapping as defined by the Revised Penal Code, and violations of Commonwealth Act No. Communications surveillance, to the extent that it impinges on communications and its attendant rights, may also be limited by the Constitutional provision that directs the State to “provide the policy environment for… the emergence of communication structures suitable to the needs and aspirations of the nation and the balanced flow of information into, out of, and across the country, in accordance with a policy that respects the freedom of speech and of the press” (Section 10, Article XVI, Constitution). 13, RA 10175) of computer data (defined in Sec. Even in the real world, crimes like rape, murder or theft need not necessarily be separate. The US government conducts extensive surveillance activities in and around the Philippines that it justifies in part in relation to its activities against Islamist militant groups in the “war on terror”. The Human Security Act also prohibits “the surveillance, interception and recording of communications between lawyers and clients, doctors and patients, journalists and their sources and confidential business correspondence”(Sec. For this purpose, the Agency was authorized to conduct further background investigation on the personnel involved, on its own or by acting upon a request (Sec. We are not aware of any specific cybersecurity policy in the Philippines. The embassy responded that the drone was an “expended” aerial target launched during military exercises,during September 2014 off the coast of Guam. 5, Administrative Order No. The PHIE allows participating health care providers to share health information and harmonizes health data from various electronic medical record (EMR) and hospital information systems. In March 2016, the Philippines fell prey to what has been dubbed as the biggest breach in history concerning government-held data when the personal information of over 55 million registered Filipino voters were leaked following a breach on the Commission on Elections' (COMELEC's) database. The US has also been conducting large-scale interception of communications in and out of the Philippines. the processing is limited to the members of the public organization/association involved; the consent of the data subject is secured. 10175, is a law in the Philippines that was approved on September 12, 2012. It was created through Executive Order No. 2, Executive Order No. 1, Executive Order No. v. Secretary of Justice, et al., G.R. According to at least two news reports, this unit (specifically, its counter-intelligence component) is also charged with providing physical security to police camps, as well as official documents of the PNP; it also monitors the illegal activities of certain police officers. 246 (s. 1987); see also: Sec. However, following his election president Duterte signed an Executive Order on FOI. 2. 246 (s. 1987)). Similar to the Anti-Wire-Tapping Act, this law mandates compliance with many requirements, from applying for judicial authorization to the deposit and disposition of intercepted and recorded materials (see Sections 7-14, RA 9372). 2(a), Executive Order No. In 2004, a local paper quoted a Bureau of Immigration officer stationed at the NAIA making a remark about an impending upgrade of the PISCES program they were then using in the facility. The AFIS enables the police to compare fingerprints recovered in a crime scene against those stored in an existing database of both identified and unidentified prints. 14, RA 10175). The Rule on the Writ of Habeas Data (A.M. No. AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER RELATED VIOLATIONS OF THE PRIVACY OF COMMUNICATION, AND FOR OTHER PURPOSES. 2, AO No. 08-1-16-SC) issued by the Supreme Court in 2008 provides the writ as a remedy available to persons whose right to privacy in life, liberty, or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting, or storage of data or information regarding his person, family, home, and/or correspondence (, Another former President became subject to at least two surveillance-related incidents. If you know more about smart policing in the Philippines, please send any tips or information to: research@privacyinternational.org. The Order contained 11 pages of exceptions. 5, Executive Order No. This new spy institution will supposedly incorporate the ISAFP, effectively making the unit an integral part of the defense department. 2. How to Protect against Phishing Users can protect themselves agai… Office of the Deputy Director for Intelligence Services, National Bureau of Investigation. The DG was also tasked to establish the Directorate for Counterintelligence, which now serves as the focal point for the national government’s counterintelligence activities and operations. 492, s. 2006), as well as to “provide law enforcement personnel and ground operators near real-time high accuracy, sustainable capability for reconnaissance and surveillance and dominant situational awareness to swiftly and effectively interdict when an illegal activity occurs” (Sec. He, The US government conducts extensive surveillance activities in and around the Philippines that it justifies in part in relation to its activities against Islamist militant groups in the “war on terror”. For example, it provides the following functions to the Commission: “(d) Compel or petition any entity, government agency or instrumentality to abide by its orders or take action on a matter affecting data privacy; (e) Monitor the compliance of other government agencies or instrumentalities on their security and technical measures and recommend the necessary action in order to meet minimum standards for protection of personal information pursuant to this Act; (f) Coordinate with other government agencies […] on efforts to formulate and implement plans and policies to strengthen the protection of personal information in the country;” The law also contains an entire chapter dedicated to Security of Sensitive Personal Information in Government. It shall be unlawful for any person, not being authorized by all the parties to any private communication or spoken word, to tap any wire or cable, or by using any other device or arrangement, to secretly overhear, intercept, or record such communication or spoken word by using a device commonly known as a dictaphone or dictagraph or dictaphone or walkie-talkie or tape recorder, or however otherwise described: It shall also be unlawful for any person, be he a participant or not in the act or acts penalized in the next preceding sentence, to knowingly possess any tape record, wire record, disc record, or any other such record, or copies thereof, of any communication or spoken word secured either before or after the effective date of this Act in the manner prohibited by this law; or to replay the same for any other person or persons; or to communicate the contents thereof, either verbally or in writing, or to furnish transcriptions thereof, whether complete or partial, to any other person: Provided, That the use of such record or any copies thereof as evidence in any civil, criminal investigation or trial of offenses mentioned in section 3 hereof, shall not be covered by this prohibition. 3 (j), RA 10173). Similarly, content data—not specifically defined by the law—shall be preserved for six months from the receipt of an order from law enforcement authorities requiring its preservation (Sec. While no one admitted to carrying out the surveillance operation, a copy of the recording wound up in the hands of the chairman of the elections commission, who was then being implicated in the controversial project. 492, s. 2006). Supposedly covered by a 26 October 2011 purchase request, the device was described as a “Radio Frequency Test Equipment” (RFTE) provided by Rohde & Schwarz (R&S), an electronic surveillance company based in Germany. The revelation prompted concerns by opposition groups that the government would use the technology to spy on them. Today, it serves as the primary police unit responsible for the implementation of pertinent laws on cybercrimes and anti-cybercrime campaigns of the PNP and the national government. The case closed after the AFP declared that he was not under any surveillance or case-building activity. 2, Administrative Order No. PCO Secretary Martin Andanar said that the new passport will include security features and qualities that would prevent incidents of fraud. 5, AO 217 (s. 1991)). Emphasis added). 3, Executive Order No. 3, Administrative Order No. There has been no news regarding the use (or planned use) of predictive policing in the Philippines. According to at least, The Anti-Cybercrime Group (ACG) was activated in March 2013, pursuant to Section 10 of the Cybercrime Prevention Act, which provides that the PNP, along with the National Bureau of Investigation (NBI), shall “organize a cybercrime unit or center manned by special investigators to exclusively handle cases involving violations” of the law. Repealing Clause. Cyberterrorism is intended to undermine electronic systems to cause panic or fear. As of June 2015, the PNP crime laboratory’s database already contained more than 761,000 records. 68, s. 2003). In September 2016, the NPC concluded that: A preliminary report identifies two indicators of negligence on behalf of COMELEC: There is currently no FOI law in the Philippines. 3(e), RA 10175. 44. The DPA establishes the general rule that the processing of privileged information (i.e., privileged communication) is a prohibited activity (Processing is defined as referring to “any operation/set of operations performed upon personal information including, but not limited to, the collection, recording, organization, storage, updating, or modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction of data” (Sec. Any communication or spoken word, or the existence, contents, substance, purport, effect, or meaning of the same or any part thereof, or any information therein contained obtained or secured by any person in violation of the preceding sections of this Act shall not be admissible in evidence in any judicial, quasi-judicial, legislative or administrative hearing or investigation. 68, s. 2003). The bill would include additional crimes for which wire-taping could be conducted and allow "law enforcement agencies and the military [...] to prevent and detect crimes by being able to intercept communications, conversations, discussions, data, information, messages in whatever form, kind or nature, spoken or written words through the use of electronic, mechanical or other equipment or device or technology now known or may hereafter be known to science." As focal point for national reconnaissance and surveillance activities and operations, the NMARSC is under the supervision and control of the ONSA (Sec. The ITU publication Understanding cybercrime: phenomena, challenges and legal response has been prepared by Prof. Dr. Marco Gercke and is a new edition of a report previously entitled Understanding Cybercrime: A Guide for Developing Countries. They may have access to beep™ holder’s personal data for a limited time under reasonable contractual and technical safeguards to limit their use of such information.”. Data retention is most clearly outlined in the Implementing Rules and Regulations of the Electronic Commerce Act (2000). A downed US military surveillance drone was discovered in the Philippines' restive Quezon province in early 2015, according to the Philippines Daily Inquirer. From the list of names, it was expected to recommend to the ONSA who among the individuals shall ultimately be given Security Clearances (Sec. when the processing is necessary for purposes of medical treatment, which is carried out by a medical practitioner or a medical treatment institution, Notwithstanding these exceptions, the law does grant personal information controllers the ability to invoke the “principle of privileged communication” over the privileged information that they have in their lawful control or possession. This is still considered high considering the global median of 2.7 hours. For this purpose, the NSA was tasked to carry out “measures to coordinate inter-agency requirements and supervise the acquisition of reconnaissance and surveillance equipment, including but not limited to unmanned aerial vehicles (UAVs) (Sec. 7, RA 9372), even as it declares that in its implementation “the State shall uphold the basic rights and fundamental liberties of the people as enshrined in the Constitution” (Sec. In 2012, the Data Privacy Act was signed into law, thereby putting into place several data protection standards. 15, Republic Act No. 68, its Director General (DG-NICA) was assigned as principal adviser to the President on Intelligence (Sec. 3, AO 217 (s. 1991)). Definition Security ... Cyber Crime Computer crime, or cybercrime, is any crime that involves a computer and a network. Hacking Team responded to this request by outlining the salient features of the RCS. “Records indicating traffic data on the origin, destination, date, time, and duration of communications shall be retained within the following periods: a) two (2) months for non-metered services with fixed monthly charges; b) four (4) months for other telecommunications services not covered in (a); or c) until excused by NTC for records requested in connection with pending complaints.”. 292 (1987)). 4200 entitled An Act to Prohibit and Penalize Wire Tapping and other related Violations of the Privacy of Communication, and for other Purposes" which prohibited and penalized wire-tapping. With the DG-NICA as Chair, its membership include: (1) Undersecretary for Policy, Department of Foreign Affairs; (2) Director, National Bureau of Investigation; (3) Commissioner, Bureau of Customs; (4) Commissioner, Bureau of Immigration; (5) Deputy Chief of Staff for Intelligence, J2, Armed Forces of the Philippines; (6) Director for Intelligence, Philippine National Police; and the (7) Commanding Officer, Presidential Security Group (Sec. Among other things, the Council advises the President on the integration of domestic, foreign, military, political, economic, social and educational policies relating to national security (Sec. This incident shed light on and directed attention to the extent of personal information being collected and held by government authorities, as well as their capabilities (or the lack thereof) in securing such information. As of June 2015, the PNP crime laboratory’s database already contained more than. 3(p), RA 10175) or other data in his/its possession or control must be: (1) based on a court warrant secured for this purpose; (2) in relation to a valid complaint officially docketed and assigned for investigation; and (3) necessary and relevant for the purpose of investigation (Sec. (c) Relevant government agencies tasked with enforcing or implementing applicable laws relating to the retention of certain documents may, by appropriate issuances, impose regulations to ensure the integrity, reliability of such documents and the proper implementation of Section 13 of the Act.”. Cyber insurance, also referred to as cyber risk insurance, is an insurance product designed to help businesses hedge against the devastating effects of cybercrime such as malware, ransomware, distributed denial-of-service (DDoS) attacks, or any other method used … Requirements for the issuance of a court warrant could originally be found in the last paragraph of Section 12 which was nullified by the Supreme Court in the Disini case. 1, Executive Order No. In 2007, with the establishment of the National Security Clearance System for Government Personnel with Access to Classified Matters, the ONSA was charged with acting on the recommendations of the NICA as to who shall be granted security clearances (Sec. This Act shall take effect upon its approval. 35, Republic Act No. His cases were granted but brought to the appellate court for hearing. 608, s. 2007). An IMSI Catcher is a phone monitoring kit that provides active intercept capabilities. 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