The National Security Council (NSC) is the lead government agency coordinating the formulation of policies relating to national security (Sec. Click here for media and press enquiries. 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); and. 5, Administrative Order No. Since 2015, the Philippines is now among the few Asian countries that use a smart transportation card. Cybercrime definition, criminal activity or a crime that involves the internet, a computer system, or computer technology: identity theft, phishing, and other kinds of cybercrime. The second incident was in 2007 wherein a surveillance equipment was found near her private residence. Among those responsibilities is the designation of a Data Protection Officer in charge of conducting Privacy Impact Assessment. As a member of both the NSC and the Council’s Executive Committee, the NSA advises the President on matters pertaining to national security and, when directed by the President, shall see to the implementation of decisions or policies that have a bearing on national security, as adopted by the President or the Council (Sec. It is not primarily concerned with communication privacy, let alone, communication surveillance, dealing, as it does, with data privacy which is a distinct category of privacy. 492, s. 2006). 2, AO No. CATEGORIES OF CYBER CRIME We can categorize cyber crime in two ways. Under the same EO, the Maritime Aerial Reconnaissance and Surveillance (MARS) Program was established (Sec. 13, RA 10175). 10 of the Cybercrime Prevention Act. 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 NIB is another advisory body to the DG-NICA for the coordination and integration of intelligence activities in the Government (Sec. Under the Civil Code of the Philippines (RA 386 (1949)), anyone who “obstructs, defeats, violates or in any manner impedes or impairs” the privacy of communication and correspondence is liable for damages (Article 32). Under Section 3 of the Philippine Charter, communication privacy is inviolable except upon lawful order of the court, or when public safety or order, by law, requires otherwise. Recent data breach: In March 2016, the Philippines were targeted with what was dubbed at the time the biggest breach in history concerning government-held data. It is also important to note that the DPA expressly amends Section 7 of the Human Security Act which authorizes the surveillance of terrorism suspects (discussed above) (SEC. It does, however, provide certain exceptions (Sec. 46 (s. 2011), which amended EO No. 9372, otherwise known as the “Human Security Act of 2007", is hereby amended. Other reported cases of wiretapping were false alarms. In January 2016, the Department of Health, Department of Science and Technology, and Philippine Health Insurance Corporation signed Joint Administrative Order No. 68 (s. 2003); Sec. 14, RA 10175). The vulnerabilities in the website, and failure to monitor regularly for security breaches allowed unlawful access to the COMELEC website. Several personalities, both from the administration and the opposition, presented their own copy of the record but no one claimed actual ownership. 3, Administrative Order No. 3, Administrative Order No. CYBERCRIME Cybercrime is defined as crimes committed on the internet using the computer as either a tool or a targeted victim. 616, punishing espionage and other offenses against national security,” provided that a number of stringent requirements are complied with (Section 3). 492, s. 2006; see also: Sec. The Group. (2) Illegal Interception. 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. Click here to sign-up to our mailing-list! It is pending a second reading but has not been included in the Common Legislative Agenda for the 17th Congress. This platform is based on Microsoft SharePoint and allows for improved collaboration, process optimization and information discovery. 2, Executive Order No. The most controversial case of communications surveillance in the Philippines to date is the “Hello Garci” scandal which involved former President Gloria-Macapagal Arroyo and one election commissioner. 44. As of November 2017, the draft has not been publicly released. The case closed after the AFP declared that he was not under any surveillance or case-building activity. In April 2014, The Tribune reported that the Philippine government Department of National Defense (DND) had acquired a 135 million peso (US$ 3.4 million) surveillance equipment surfaced. The Rule on the Writ of Habeas Data (A.M. No. The wiretapped conversation concerned an electoral fraud in favor of Arroyo which was purportedly committed during the 2004 Presidential Elections. If you know more about smart policing in the Philippines, please send any tips or information to: research@privacyinternational.org. 608, which provided for the establishment of a national security clearance system for all government personnel with access to classified materials. Their Privacy Policy also states that the “[p]rocessing of beep™ holder’s personal data may be outsourced to third parties, such as but not limited to, the Transport Establishments, vendors, service providers, partners or other agents, to fulfill any of the above purposes. 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. However, the law includes in its scope privileged information, a term it defines as “any and all forms of data which under the Rules of Court and other pertinent laws constitute privileged communication"(Sec. The system first went live for LRT2 in May 2015, shortly followed by MRT3 and LRT1. Collects Philippine GSM, short message service (SMS) and Call Detail Records.” This, the NSA predicted “[w]ill soon become a source of lucrative intelligence for terrorist activities in Southern Philippines.” The 2013 project codenamed MYSTIC, involved the interception of large amounts of the communications of five countries, including the Philippines, from undersea cables. 697). The personal data included in the compromised database contained passport information, tax identification numbers, names of firearm owners and information about their firearms, e-mail addresses, among others; and. Among others, all information gathered by the application are now funneled into a single platform known as Real-Time Intelligence for Operational Deployment (RIOD). 492, the ONSA was accorded the “principal authority to oversee and supervise the implementation of a program to build up, integrate and employ reconnaissance and surveillance capabilities of civilian agencies and armed services”. No. The protection of the privacy of correspondence is echoed in international human rights instruments like Article 12 of the Universal Declaration of Human Rights and the International Convenant on Civil and Political Rights (ratified by the Philippines in 1986), which form part of Philippine law by virtue of the doctrine of incorporation. Section 4. 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”. These cybercriminals create computer viruses and Trojan programs that can: In October 2018 the Philippine Statistics Authority finalised the implementing rules and regulations for the national ID. 246 (s. 1987)). 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 National Telecommunications Commission is the local telecommunications industry’s regulatory body. 4. Cybercrime Offenses. 3 (j), RA 10173). In 2011, The DG of the NICA was made a member of the Presidential Anti-Organized Crime Commission (PAOCC), by virtue of EO No. Executive Orders mean FOI requests can only pertain to the work of the executives, and can be ended at any point. 799 (s. 2009) (Sec. 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. From the list of names, it was expected to recommend to the ONSA who among the individuals shall ultimately be given Security Clearances (Sec. Guillermo Luz, a prominent business executive and a known critic of the administration, filed petitions for the writs of Habeas Data and Amparo with the Supreme Court in order to stop the government from conducting state-sponsored military surveillance he believed he was then subject to. 492, s. 2006). The Data Privacy Act of 2012 (RA 10173) (“DPA”) is another potential source of legal remedies against communications surveillance. Please send any tips or information to: This Decision ruled upon 15 consolidated petitions seeking to declare several provisions of RA 10175 unconstitutional and void. 13, Republic Act No. According to RA-4200 it says as follows: Section 1.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 dictographs or … 492, s. 2006). Republic Act 10175 – Cybercrime Prevention Act was signed into law last September 12, 2012.This law is already in effect as the Supreme Court uphold its constitutionality (February 18, 2014). Data protection law: The Philippines have a data protection law, the Data Privacy Act of 2012. 8, Chapter 2, Subtitle I, Title VIII, Book IV, Executive Order 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 (Sec. 13, RA 10175) of computer data (defined in Sec. https://privacyinternational.org/state-privacy/1009/state-privacy-philippines As of November 2017, the bill is still pending in the committee. There has been no news regarding the use (or planned use) of predictive policing in the Philippines. The following year, its role and authority was further strengthened when, through Administrative Order No. 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”. According to documents obtained by Privacy International, a UK-based company sought two export licenses for “telecommunications interception equipment”, most likely for IMSI catchers, to the Philippines in 2015. – The provision of Section 7 of Republic Act No. Cybercrime may also be referred to as computer crime. Documents released by Edward Snowden in May 2014 show that the US National Security Agency (NSA) had "access via DSD asset in a Philippine provider site. 6975). Decisions by the ONSA in this regard may be appealed to the Office of the President (Sec. Three other offices were also created to further assist the NICA in its mandate: The NICA may detail “liaison officers” to other government offices both inside and outside the country (Sec. AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER RELATED VIOLATIONS OF THE PRIVACY OF COMMUNICATION, AND FOR OTHER PURPOSES. 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. 14, RA 10175). 492, s. 2006). 5, AO 217 (s. 1991)). The presence of the National Security Adviser/Director in all meetings of the Board is mandatory Sec. The card’s Privacy Policy does not provide a comprehensive list of such data. As of this writing, however, beep™ card registration is not yet available, and users are not required to register their cards or submit personal information to be able to avail of the system. An IMSI Catcher is a phone monitoring kit that provides active intercept capabilities. Its legal mandate consists of the following: In pursuit of such objectives, it performs the following functions: Only two companies control the telecommunications industry in the Philippines, Globe Telecoms (Globe) and Smart/Philippine Long Distance Telephone (PLDT). How to Protect against Phishing Users can protect themselves agai… The source of the copy of the wiretapped conversation never became clear. 5(3), Chapter 2, Subtitle I, Title VIII, Book IV, Executive Order No. Data protection agency: The Philippines have a data protection agncy, the National Privacy Commission. 1. 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. Again, as in the case of a court warrant, the law does not appear to state any prerequisites for the issuance of the aforementioned orders by law enforcement authorities. 4, Executive Order No. As a result, any Philippine legal regime purporting to govern communication privacy (and communication surveillance, by extension) must include the DPA as a component. The Intelligence Services units falling under this Office include: (1) Counter Intelligence Division (CID); (2) Criminal Investigation Division (CRID); and the Technical Intelligence Division (TID). Documents leaked from Hacking Team in 2015 revealed a significant amount of interest from several parties purporting to represent different agencies of the Philippine government. A downed US military surveillance drone was discovered in the Philippines' restive Quezon province in early 2015, according to the Philippines Daily Inquirer. It also formulates government policies relating to national security and makes recommendations to the President regarding the same (Sec. 2, AO No. IMSI Catchers can also record voice and message data as they travel through mobile networks. 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. Be it the IT Act 2000, IT Amendment Act 2008 or the National Cyber Security Policy 2013, none define a cybercrime. 3(k), Republic Act No. On 1 August 2016, 911 was launched as the Philippines’ national emergency hotline. 697). 2(a), Executive Order No. The first one was on the Security of Personal Data in Government. The Cybercrime Prevention Act of 2012, officially recorded as Republic Act No. Thus, it is likely that the 2015 document represents either an upgrade of an existing program, or a reintroduction of the program (if its use was discontinued at some point in the past). 5. 2(b), Executive Order No. When access is through a mobile device, Filipinos spend on average 3.3 hours online per day. National Intelligence Coordinating Agency (NICA). The embassy responded that the drone was an “expended” aerial target launched during military exercises,during September 2014 off the coast of Guam. Crimes specific to the Internet, such as attacks against information systems or phishing (… 3(m), RA 10175) of communications and the disclosure (Sec. In 2015, FMA reported capacities that the Philippines government was considering adopting Signal, a software used for large-scale social media analysis, as part of its emergency management and policing. Section 5. 7, RA 9372). when all the parties to the exchange have given their consent prior to the processing; when the processing is authorized by existing laws and regulation, provided that: the authorizing law/regulation guarantees the protection of the privileged information, the authorizing law/regulation itself does not require the consent of the parties to the exchange, when the processing is necessary to achieve the lawful and noncommercial objectives of public organizations and their associations, provided that. What is Cybercrime? Documents released by Edward Snowden in May 2014 show that the US National Security Agency (NSA) had "access via DSD asset in a Philippine provider site. One of the more prominent uses of biometric technology in the Philippines is in the welfare services, particularly in the government's Pantawid Pamilyang Pilipino Program. 2. 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. 08-1-16-SC). Both incidents were eventually resolved, with no case being filed against the legislator, while that filed against the journalist was later dropped, after prior consent of the complainant was properly established. In 2015, FMA reported that the Philippines government was considering adopting PISCES, a US-government developed biometric identification technology at its border points (including the Ninoy Aquino International Airport), as indicated in certain classified documents acquired by privacy activists. Its objective is “to enhance the national capability to gather near real-time video recording and information for decision-making needs” (Sec. Pursuant to Republic Act No. 608, s. 2007). Constitutional privacy protection: The constitution contains an explicit protection of the right to privacy (Art. 292 (1987)). Nevertheless, the law also contains several provisions that explicitly concern government agencies. 1, Administrative Order No. Performing such other telecommunications/broadcast-related activities as may be necessary in the interest of public service. PISCES is the acronym for "Personal Identification Secure Comparison and Evaluation System," a customizable software application that provides border control officials with information that allows them to identify and detain or track individuals of interest. Directorate for Intelligence (Directorial Staff), Philippine National Police, Police Intelligence Group (Operational Support Unit) Philippine National Police. III, section 3). 10173. 68, s. 2003). The original act is, As part of its regulatory function, the National Telecommunications Commission, The National Intelligence Coordinating Agency (NICA) functions under the Office of the President, and is under the administrative supervision of the National Security Adviser (Executive Order No. The number of active internet users has grown by 27% over 2016. 3, Executive Order No. 68 (s. 2003)). 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. 1). ), provided certain requirements are complied with. 1, Executive Order No. The country ranks first in terms of average number of hours (6.3) spent using the internet per day using a laptop or desktop, according to one study. 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. Cybercrime is defined as an unlawful action against any person using a computer, its systems, and its online or offline applications. Cyber-attack often involves politically motivated information gathering. 10173): 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. It would also be "responsible for disseminating the knowledge gained from its research activities to stakeholders in both the public and private sectors to strengthen policy making and industrial competitiveness." 4, Administrative Order No. 14, RA 10175) and preservation (Sec. traffic data and subscriber information) for a minimum period of six months from the date of the transaction (Sec. The Act applies to “personal information” One of the exemptions cited in the law pertains to “information necessary in order to carry out the functions of public authority which includes the processing of personal data for the performance by the independent, central monetary authority and law enforcement and regulatory agencies of their constitutionally and statutorily mandated functions.”. 2, Administrative Order No. In another, a government executive filed charges against a well-known Filipino journalist for allegedly recording their phone conversation without her consent. It is not primarily concerned with communication privacy, let alone, communication surveillance, dealing, as it does, with, 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” (. 68, s. 2003). This authorized the Agency to “procure UAVs or enter into lease agreements governing such vehicles” (Sec. 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. Possession of the recorded material is also an … Perhaps the most dangerous types of malware creators are the hackers and groups of hackers that create malicious software programs in an effort to meet their own specific criminal objectives. 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 … 3(o), RA 10175), traffic data (defined in Sec. These include joint military exercises with the Philippine military. The MMDA also has a mobile application that lets users view real-time traffic information in major roads. The term “communications surveillance” is not (yet) defined in Philippine law. 3, Administrative Order No. Hacking, virus/worms attacks, Dos attack etc. Originally created in 1949 under then President Elpidio Quirino, its current mandate is to be “the focal point for the direction, coordination and integration of government activities involving intelligence, and the preparation of intelligence estimates of local and foreign situations for the formulation of national policies by the President" (Sec. 608, s. 2007). If the bill is passed, the Center would "develop a range of standards and use software and other tools for analytics on massive amounts of data being generated from the use of Internet and other technology." Office of the Deputy Director for Intelligence Services, National Bureau of Investigation. The PNP shall create an anti-cybercrime unit headed by at least a Police Director. 4200 Congress of the Philippines 19 June 1965. 492, s. 2006). The Department of Social Welfare and Development (DSWD) first launched a biometric payout system for the Program in 2012. In one case, a legislator was, The Data Privacy Act of 2012 (RA 10173) (“DPA”) is another potential source of legal remedies against communications surveillance. v. Secretary of Justice, et al., G.R. Privacy of communications would therefore fall within the ambit of the Constitution’s declaration that “the State values the dignity of every human person and guarantees full respect for human rights” (Section 11, Article II). 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. 608, s. 2007). 10175, is a law in the Philippines that was approved on September 12, 2012. 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.”. Section 1. An employee of a local telecommunications company was also implicated in the wiretapping. 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. 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. A downed US military surveillance drone was discovered in the Philippines' restive Quezon province in early 2015, according to the Philippines Daily Inquirer. 2. Anything relating to computing, such as the internet, falls under the cyber category.It’s worth noting cyber carries a connotation of a relationship with modern computing and technology. 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