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PRIVACY

The document discusses privacy and data protection. It provides definitions of privacy, information privacy, and privacy protection. It then summarizes key aspects of the Data Privacy Act of 2012 in the Philippines, including what acts it covers, who implements it, and how entities can comply with the law. The law aims to protect privacy and personal data while ensuring the free flow of information.

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Irish Amaro
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0% found this document useful (0 votes)
56 views6 pages

PRIVACY

The document discusses privacy and data protection. It provides definitions of privacy, information privacy, and privacy protection. It then summarizes key aspects of the Data Privacy Act of 2012 in the Philippines, including what acts it covers, who implements it, and how entities can comply with the law. The law aims to protect privacy and personal data while ensuring the free flow of information.

Uploaded by

Irish Amaro
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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WHAT IS PRIVACY?

Privacy is the proper, or knowledge to control the sharing or revealing of certain data about yourself or
your behavior. Privacy is often hard to return by lately because we are so connected and open with our
information. Two decades ago, internet privacy would have meant ensuring your computer’s network
connection was secure. Nowadays, we use more internet-connected devices during a single day, including
smartphones, smart home devices, smartwatches, tablets, and laptops.

Much of the web today is being employed by big companies like Google, Facebook, and Amazon trying
to gather people’s data for monetization and marketing purposes. Another problem experience is that not
only is our privacy being captured, but it’s also being given in privacy-focused products. In many cases,
when we’re given access to a free product, we pay with our data information. If we don’t want to be
tracked, we frequently need to prefer to use paid, privacy-friendly options.

INFORMATION PRIVACY

Information privacy is the relationship between the gathering and circulation of information,
technology, the general public expectation of privacy, and therefore the legal and political issues
surrounding them. It is also best known as data privacy or data protection.

Data privacy is difficult since it tries to use data while securing a person's privacy preferences
and personally typical information. The fields of computer security, data security, and knowledge
security all design and use software, hardware, and human resources to deal with this issue.

Information privacy, data privacy or data protection laws render a legal structure on the
way to get, use and store data of natural persons. The various laws all over the world describe the interest
of natural persons to regulate who is using its data. This includes usually the proper to urge details on
which data is stored, for what intention and to request the deletion just in case the aim isn't given
anymore.
 For all data gathered, there should be a stated purpose.
 Information collected from a private can't be exposed to other organizations or individuals unless
clearly authorized by law or by consent of the individual.
 Records kept on an individual should be authentic and up to date.
 There should be an instrument for individuals to review data about them, to check accuracy. This may
include periodic reporting.
 Data should be removed when it's not needed for the stated purpose.
 Transmission of private information to determine where "equivalent" personal data protection
can't be confirmed is prohibited.
 Some data is just too sensitive to be collected unless there are several circumstances (e.g., sexual
orientation, religion).

What is Privacy Protection?

Privacy protection is keeping the information you’d like to secure yourself from getting into the custody of
companies, hackers, government organizations, and some other groups. The explanation of privacy
protection varies from person to person. Each person has various assumptions of privacy,
therefore the level of security they want to feel that their privacy is really secure is important.

Advantages of Privacy Protection

 Protect Your Personal Data


Privacy protection keeps your personal data secure from people that might want to take advantage of it.
Minimizing your digital trace makes it harder for people to take advantage of your data.
 Stop Unwanted Solicitations
Without privacy, marketers can target advertisements and other messaging immediately to you. If
these sorts of ads bother you, the simplest way to avoid them is to stop the marketers from getting
your data. Privacy-intrusive data collection runs the web advertising industry. If you'll end the flow of
information you give to the marketers, they’ll not be ready to target you with ads.

 Protect Your Email Address


If you'll keep third parties from acquiring your email address, you'll avoid getting plenty of unwanted spam
emails. Willingly giving out your email leads to an intense flow of advertising messages in your
inbox.

Disadvantages of Privacy Protection

 Privacy-Focused Products Cost Money


Keeping your personally distinctive data secure isn’t free. Because more mainstream services gather and
exchange your data to form money, private alternatives need to adopt various business models. Free
tools often collect your information, so you don’t need to pay. Privacy-friendly business models frequently
utilize a subscription-based payment model.

 Is it Really Private?
You can take all recommended steps towards privacy and as to one deficiency, leak your information.
It’s our viewpoint that any privacy protection is best than none, but it could be overwhelming. If you sense
like your efforts aren’t being honored, it might be difficult to continue using privacy-focused products
and services.

 Your Information Might Still Be Public


If you need privacy products your data should be private. Forgetting only one aspect of protecting
your privacy could let your personal information slip into an enormous database and into the hands
of an online advertiser.

 Your Reputation May Be In Question


There are some spots surrounding privacy on the web. Some people feel that the mere reason that
somebody would want to hide their tracks online is that they’re performing something illegal. While
this isn’t the case, it’s a hopeless condition for anyone who sees the benefits of keeping your internet activity
hidden from prying eyes.

PHILIPPINES – THE DATA PRIVACY ACT OR RA NO. 10173

In 2012, the Philippines passed Republic Act No. 10173, or the Data Privacy Act of 2012 (DPA) “to protect
the fundamental human right to privacy of communication while ensuring free flow of information to
promote innovation and growth. The State recognizes the vital role of information and
communications technology in nation-building and its inherent obligation to ensure that personal
information in information and communications systems in government and in the private sector
are secured and protected”.

The DPA was passed in accordance with the Philippines agreements under ASEAN Vision 2020 and at the
urging of the growing business process outsourcing industry. The law was modeled after the Data Protection
Directive (95/46/EC) with many of its terminologies and provisions similar to privacy laws in other
jurisdictions.

What acts are covered by the DPA?

The DPA and it's Implementing Rules and Regulations (IRR) apply to all acts done or practices engaged in
and outside of the Philippines if:
 If the person, either an individual or an institution, involved in the processing of personal data is located
in the Philippines;
 The act or practice involves the personal data of a Philippine citizen or Philippine resident;
 The processing of personal data is done in the Philippines; or
 The act, practice, or processing of personal data is done by an entity with links to the Philippines,
subject to international law and comity.

“Personal data” refers to all types of personal information.


“Processing” is any operation/s performed upon personal data. These operations include, but are not limited
to the collection, recording, organization, storage, updating or modification, retrieval, consultation, use,
consolidation, blocking, erasure, or destruction of data.

Who implements the DPA?

The National Privacy Commission (NPC) is in charge of administering and implementing the DPA. It is also
tasked to monitor and ensure compliance of the Philippines with international standards for personal data
protection. The major functions of the NPC are as follows:

 Rule making.
 Advisory. The NPC is the advisory body on matters related to personal data protection.
 Public education. The NPC shall launch initiatives to educate the public about data privacy, data
protection and fair information rights and responsibilities.
 Compliance and monitoring. The body has compliance and monitoring functions to ensure personal
information controllers comply with the law. It is also tasked to manage the registration of personal data
processing systems.
 Complaints and investigations.
Enforcement.

“Personal information controller” is an individual or institution, or any other body who controls the
processing of personal data, or instructs another to process personal data on its behalf.

How to comply with the Data Privacy Act?

If you are a personal information controller, you are required to comply with the following in accordance
with the law:

Registration of data processing systems (DPS). An individual or institution employing fewer than 250
employees need not register unless its data processing operations: involves sensitive personal information of
at least 1,000 individuals; likely to pose a risk to the rights and freedoms of data subjects; or the processing is
not occasional.

Notification of automated processing operations where the processing becomes the sole basis of making
decisions about a data subject and when the decisions would significantly affect the data subject. A “data
subject” is an individual whose personal, sensitive personal, or privileged information is processed.

NOTE: No decision with legal effects concerning a data subject shall be made solely on the basis of
automated processing without the consent of the data subject. The consent may be in written, electronic, or
recorded form. It may be given by a lawful representative or agent.

Appointment of a Data Protection Officer in charge of ensuring compliance with the DPA; Creation of a
data breach response team that will immediately address security incidents or personal data breaches;
Adoption of data protection policies that provide for data security measures and security incident
management; Annual report of the summary of documented security incidents and personal data
breaches; and Compliance with other requirements as may be provided by the NPC.
PRIVACY AND ANONYMITY ISSUES

Data Breaches

A terrible figure of identity theft incidents can be traced back to data breaches involving large databases of
personal information. Data breaches are sometimes led by hackers breaking into a database, but more
often than one might suspect, they're grounded by negligence or failure to follow proper security
procedures.

Organizations are afraid to announce data breaches due to the following bad publicity and the potential for
lawsuits by customers. However, victims whose personal data was compromised during a data breach
need to be knowledgeable so they will take protective measures.

The value to an organization that experiences a data breach is often quite high—by some estimates, nearly
$200 for every record lost. Nearly half the value is usually a result of lost business opportunities related to
the customers whose patronage has been lost due to the incident. Other costs include public-relations-related
costs to maintain the firm’s reputation and increased customer-support costs for information hotlines and
credit monitoring services for victims.

Electronic Discovery

Electronic discovery (e-discovery) is the compilation, preparation, inspection, and production of electronically
stored information for use in criminal and civil actions and proceedings. Electronically stored information (ESI)
includes any sort of digital data, together with electronic mails, drawings, graphs, Web
pages, photographs, word-processing files, sound/audio recordings, and databases stored on any sort
of electronic storage device, along with hard drives, CDs, and flash drives. Through the e- discovery
process, it's quite likely that various sorts of ESI of a private or personal nature (e.g., personal emails) are
going to be disclosed.

Traditional software increase firms as well as legal organizations have established the growing need for
enhanced processes to speed up and lessen the costs associated with e- discovery. As a result, lots of
companies offer e- discovery software that cater the ability to do the following:

 Evaluate large volumes of ESI instantly to perform early case assessments.


 Simplify and assign data collection from across all relevant data sources in various data formats.
 Choose large amounts of ESI to lessen the include documents that need to be processed and
reviewed.
 Identify all participants in an investigation to figure out who knew what and when.

E-discovery increase many ethical issues: Should an organization ever plan to destroy or hide
incriminating evidence that would rather be revealed during discovery? To what degree must an
organization be proactive and careful in providing evidence needed through the discovery process?
Should an organization plan to hide incriminating evidence during a mountain of trivial, routine ESI?

Consumer Profiling

Companies fully gather personal information about users when they register at Websites, complete
surveys, fill out forms or enter contests online. Various companies also obtain information about Web
surfers through the utilization of cookies— text files that will be downloaded to the hard drives of
users who visit an internet site, so that the Web site is able to identify visitors on following visits.

Companies also use tracking software to permit their internet sites to study browsing habits and deduce
personal interests and preferences. The use of cookies and tracking software is questionable because
companies can gather information about consumers without their consent. After cookies have been
stored on your computer, they make it possible for a Web site to vary the ads and promotions given to you.
The marketer knows what ads are viewed least and makes sure that they aren’t shown again unless the
advertiser has decided to promote using repetition. Some variety of cookies can also track what other
sites a user has visited, allowing marketers to use that data to make educated guesses about the kinds of
ads that would be almost exciting to the user.

Consumer data privacy has fully grown into a serious marketing issue. Companies that can’t secure or
don’t value customer information often lose business, and some become defendants in class action
lawsuits arising from privacy violations.

Opponents of consumer profiling also are concerned that private information is being collected and
taken to other companies without the permission of consumers who provide the information. After the
information has been collected, consumers haven't any way of knowing how it is used or who is using
it.

Workplace Monitoring

Enough data exists to support the conclusion that a lot of workers waste large portions of their
time period doing non-work-related activities. One recent study discovered that between 60 to 80
percent of workers’ time online has nothing to do with work. Another source estimates that, on average,
workers consume about four or five hours per week on private matters. In a recent survey by an IT
staffing firm, 54 percent of companies reported they were restricting the utilization of
social networking sites like Facebook, Twitter, MySpace, and LinkedIn to help lessen waste at
work.

The actual decreased productivity and increased legal liabilities have led numerous employers to
watch workers to make sure that corporate IT usage policies are being followed. Many firms find it
necessary to record and review employee communications and activities on the job, along with phone
calls, email, and Web surfing. Some are even videotaping employees on work. In addition, some
companies utilize random drug testing and psychological testing. With some exceptions, these
progressively common (and many would say intrusive) practices are perfectly legal.

Advanced Surveillance Technology

A number of advances in information technology—such as surveillance cameras and satellite-based


systems which will spot a person’s physical location—bringawesome new data-gathering capabilities.
However, these advances also can diminish individual privacy and simplify the issue of what
proportion information should be secure about people’s private lives.

 Camera Surveillance

Surveillance cameras are utilized in major cities around the world in an attempt to discourage crime and
terrorist activities. Critics believe that such scrutiny may be a violation of civil liberties and are concerned
about the value of the equipment and other people required to watch the video feeds. Surveillance
camera supporters offer report data that means the cameras are effective in preventing crime and
terrorism. They can give examples during which cameras helped solve crimes by validating the
testimony of witnesses and helping to trace suspects.

 Vehicle Event Data Recorders

A vehicle event data recorder (EDR)is a tool that records vehicle and occupant data for a
couple of seconds before, during, and after any vehicle crash that's terrible enough to deploy the
vehicle’s air bags. Sensors located around the vehicle take and register information about vehicle speed
and acceleration; seat belt use; air bag formation; activation of any automatic collision notification system,
and driver inputs like brake, accelerator, and turn signal usage. The EDR cannot take any data that could
determine the driver of the vehicle. Nor can it tell if the driver was managing the vehicle under the effect of
drugs or alcohol.

The fact that the majority cars now come equipped with an EDR which the information from this
device could also be used as evidence during a court of law isn't broadly known by the public. The future
capacity of EDRs and the extent of use of their data in court proceedings remains to be seen.

 Stalking Apps

Technology has made it easy for an individual to trace the whereabouts of somebody else in the
least times, without ever having to follow the person. Cellphone spy software called a stalking
application are often loaded onto someone’s cellphone or smartphone within minutes, making it
feasible for the user to perform location tracking, record calls, view every text message or picture sent or
received, and record the URLs of any internet site visited on the phone. A built-in microphone are often
activated remotely to use as a listening device even when the phone is turned off. All information collected
from such apps are often sent to the user’s email account to be accessed live or at a later time. Some of the
most popular spy software consist of Mobile Spy, ePhone Tracker, Flexi SPY, and Mobile Nanny.

There is no law that prohibits a business from making an app whose primary purpose is to assist
one person track another, and anyone can buy this software over the web . (Some users have
complained that they contracted malware when downloading stalker apps or that the app did not
work as advertised.)

However, it's illegal set up the software on a phone without the consent of the owner. It is also
illegal to hear someone’s phone calls without their knowledge and permission. However,
these legal technicalities are not a hindrance for a determined stalker.

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