2. LEARNING OUTCOMES
• Apply the laws in real-life scenarios.
• Explain the importance of the laws in
information management in the
Philippines.
3. INFORMATION CONTROL
• Information control is a mechanism where the control actions
are of implicit, indirect nature, and the information given to the
controlled object is an informative picture, which is used by the
object to work out an allegedly autonomous line of behavior.
• In terms of information handling, there are two most-talk laws
in the Philippines related to this 1. Intellectual Property Act of
the Philippines, 2. Data Privacy Act, and 3. Freedom of
Information Act.
4. INTELLECTUAL PROPERTY
(REPUBLIC ACT NO. 8293)
• Intellectual property (IP) is a legal concept that refers to creations
of the mind for which exclusive rights are recognized. It is An Act
Prescribing the Intellectual Property Code and Establishing “The
Intellectual Property Office, Providing for Its Powers and
Functions, and for Other Purposes. Section 1 of this Act state that
this act shall be known as the "Intellectual Property Code of the
Philippines.“
• According to the World Intellectual Property Organization (WIPO),
intellectual property (IP) is divided into two categories: industrial
property and copyright. Industrial property includes inventions
(patents), trademarks, industrial designs, and geographic
indications of source, while copyright includes literary and
artistic works such as novels, poems, plays, films, musical works,
5. The term “Intellectual Property Rights"
consists of:
• Copyright and Related Rights
• Trademarks and Service Marks
• Geographic Indications
• Industrial Designs
• Patents
• Layout-Designs (Topographies) of Integrated Circuits
• Protection of Undisclosed Information
6. THE INTELLECTUAL PROPERTY OFFICE OF
THE PHILIPPINES (IP PHILIPPINES)
• Is the government agency in charge of the implementation of
the law protecting intellectual property rights in the Philippines
as provided for under RA 8293 or the Intellectual Property Code
of the Philippines and the revised IP Code of the Philippines
known as RA 10372.
7. COPYRIGHT
• Is a collection of rights that
automatically vest to someone
who creates an original work of
authorship – like a literary work,
song, movie, or software. These
rights include the right to
reproduce the work, to prepare
derivative works, to distribute
copies, and to perform and
display the work publicly.
8. COPYRIGHT
• Terms of Protection: Generally, throughout the author's life
plus 50 years after his or her death. Penalty: 1st offense-Php
50,000.00 to Php 150,000.00 and/ or 1-3 years imprisonment;
2nd offense- Php 150,000.00 to Php 500,000.00 and/ or 3-6
years imprisonment. 3rd offense- Php 500,000.00 to 1.5 M
and/or 6-9 years of imprisonment.
9. TRADEMARK
• Is a word, phrase, symbol,
and/or design that identifies
and distinguishes the source
of the goods of one party from
those of others.
• While a service mark is a word,
phrase, symbol, and/or design
that identifies and
distinguishes the source of a
service rather than goods.
Some examples include brand
10. TRADEMARK
• The term "trademark" is often used in a general sense to refer
to both trademarks and service marks. Terms of Protection: 10
years from the application's filing date. Penalty: Php 50,000.00
to Php 200,000.00 and 2 to 5 years imprisonment.
11. GEOGRAPHICAL INDICATION (GI)
• Is a sign used on products
with a specific geographical
origin and possesses
qualities or a reputation
due to that origin—for
example, Mangoes of Cebu,
Cashew nuts of Palawan,
etc.
12. INDUSTRIAL DESIGN
• May consist of three-
dimensional features, such
as the shape of an article,
or two-dimensional
features, such as patterns,
lines, or color. For
example, coca-cola bottle
design, iPod/iPhone/iPad,
etc.
13. PATENT
• Is a grant of a right to the inventor by the government. The
patent gives the inventor (or patent holder, if the patent has
been assigned) the right to exclude others from making or
using the invention for a selected period. Terms of Protection:
20 years (time-bound). Penalty: not less than Php 100,000.00
to not more than Php 300,000.00 and/ or not less than six
months to not more than three years imprisonment.
14. LAYOUT DESIGNS (TOPOGRAPHIES) OF
INTEGRATED CIRCUITS
• Are a three-dimensional
arrangement of elements
forming an integrated
circuit intended for
manufacturing. This
arrangement and ordering
of elements follow from the
electronic function that the
integrated circuit is to
15. UNDISCLOSED INFORMATION
• Refers to information that is secret and has commercial value
because it is secret. For example, scientific information,
formula, code, financial statements, etc., whether tangible or
intangible. Industries and companies need to have information
control, especially in dealing with sensitive industry secrets, by
requiring employees to sign contracts with non-disclosure
agreements (NDAs).
16. EXAMPLES OF INTELLECTUAL PROPERTY
INFRINGEMENT
• Illegal duplication of a licensed software
• Selling of fake trademarked devices
• Recreating the same patents without further improvement
17. SECTION 2 OF THIS ACT
• States that the state recognizes that an effective Intellectual
Property system is vital to developing domestic and creative
activity, facilitates technology transfer, attracts foreign
investments, and ensures market access for our products. It
shall protect and secure the people's exclusive rights,
particularly when beneficial to the people.
18. DIGITAL RIGHTS MANAGEMENT (DRM)
• It is used to describe the processes by which the author or
publisher of work exerts their rights to control what the
purchaser of the work is entitled to do. It represents the control
by which one can prevent a person or an organization from
copying, printing, editing, or making privileged information
available to others.
• While information gets to be disseminated faster to consumers,
control as to how it is shared becomes an issue. Downloading
pirated music online does not help music artists, as they are
deprived of the royalties they are entitled to.
19. Techniques designed to control access and
reproduction of online information:
• Encryption - It is converting data or information so that only
authorized parties can understand. Its primary purpose is to protect
the confidentiality of digital data stored on computer systems or
transmitted via the Internet or other computer networks.
• Serial keys - Also known as a product or software key, it is a series of
alphanumeric characters acting as a key to denote that the product or
software is original.
• Scrambling - Data scrambling is done to hide sensitive information
from authorized users. Scrambling is accomplished by adding
components to the original signal or changing some important
component of the original signal to make extracting the original signal
difficult.
20. INFORMATION PRIVACY
DATA PRIVACY ACT OF 2012 (REPUBLIC ACT 10173)
• This act aims to safeguard every individual's right to privacy
while ensuring the free flow of information for innovation,
growth, and national development.
21. SCOPE
• Defines rights of data subjects
• Provides parameters for securing, processing, and providing
access to personal information by any natural and juridical
person in the government or private sector.
• Imposes penal and pecuniary sanctions for unlawful use or
disclosure of information.
22. SEC. 1 THIS ACT SHALL BE KNOWN AS THE
“DATA PRIVACY ACT OF 2012”
• According to this Act, it is the policy of the State to protect the
fundamental human right of privacy, of communication while
ensuring the 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 the government
and the private sector are secured and protected.
23. SCOPE
• This Act applies to the processing of all types of personal
information and to any natural and juridical person involved in
personal information processing, including those personal
information controllers and processors who, although not
found or established in the Philippines, use equipment that is
located in the Philippines, or those who maintain an office,
branch or agency in the Philippines subject to the immediately
succeeding paragraph: Provided, That the requirements of
Section 5 are complied with.
24. PERSONAL INFORMATION
• It refers to any information from which an individual's identity
is apparent or can be ascertained by the entity holding the
information or when put together with other information that
would directly and certainly identify an individual.
25. Sensitive Personal Information may be
defined as
• Race, ethnic origin, marital status, age, color, and religious,
philosophical, or political affiliations
• Health, education, genetic or sexual life, or to any proceeding for
any offense committed or alleged to have been committed by a
person, the disposal of such proceeding, or the sentence of any
court in such proceedings
• Issued by government agencies peculiar to an individual, e.g.,
social security numbers, previous or current health records,
licenses or their denials, suspension or revocation, tax returns
• Specifically established by an executive order or an act of
Congress to be kept classified.
26. GENERAL PRINCIPLES
• Collection must be for a declared, specified, and legitimate
purpose
• Personal information shall be processed fairly and lawfully
• Processing should ensure data quality
• Personal information shall not be retained longer than
necessary
• Any authorized further processing shall have adequate
safeguards
27. What acts are punishable under the DPA?
ACTS PUNISHABLE PENALTY
Unauthorized processing of personal
information
Imprisonment-1 to 3 years Fine - P500K to
P2M
Unauthorized processing of sensitive personal
information
Imprisonment-3 to 6 years Fine - P500K to
P4M
Accessing personal information due to
negligence
Imprisonment-1 to 3 years Fine - P500K to
P2M
Accessing sensitive personal information due
to negligence
Imprisonment-3 to 6 years Fine - P500K to
P4M
Improper disposal of personal information Imprisonment-6 months to 2 years Fine -
P100K to P500k
Improper disposal of sensitive personal
information
Imprisonment-1 to 3 years Fine - P100K to
P1M
Processing of personal information for
unauthorized purposes
Imprisonment-1 year & 6 mos. to 5 years Fine
- P500K to P1M
Processing of sensitive personal information
for unauthorized purposes
Imprisonment-2 to 7 years Fine - P500K to
P2M
Unauthorized access or intentional breach Imprisonment-1 to 3 years Fine - P500K to
P1M
28. DEPARTMENT OF INFORMATION AND
COMMUNICATIONS TECHNOLOGY ACT OF
2015 (REPUBLIC ACT NO. 10844)
• Another law that is closely related to the management of
information and communication technology is RA 10844, or the
Department of Information and Communications Technology
Act of 2015.
• It is the institution of the Department of Information and
Communication Technology with its mandate that it shall be
the primary policy, planning, coordinating, implementing, and
administrative entity of the Executive Branch of the government
that will plan, develop and promote the national ICT
development agenda.
29. • This Act indicates a clear intention of the Philippines
government to establish control over and develop and direct
ICT infrastructure and regulation in the country. It is considered
vital to national development, economic confidence, and
growth.
30. The Declaration of Policy of this act state
that
(a)To recognize the vital role of information and communication
in nation-building;
(b)To ensure the provision of £ strategic, reliable, cost-efficient
and citizen-centric information and communications
technology (ICT) infrastructure, systems, and resources as
instruments of good governance and global competitiveness;
(c)To ensure universal access to quality, affordable, reliable, and
secure Id' services;
(d)To promote the development and widespread use of emerging
ICT and foster and accelerate the convergence of ICT and ICT-
enabled facilities;
31. (e) To ensure the availability and accessibility of ICT services in
areas not adequately served by the private sector
(f) To foster an ICT sector policy environment that will promote a
broad marketed development of the ICT and ICT-enabled services
(1CT-ES) sectors, a level playing field, a partnership between the
public and private sectors, strategic alliance with foreign investors,
and balanced investments between high-growth and economically-
depressed areas;
(g) To promote and assist the development of local ICT content,
applications, and services which may include support for ICT-based
start-up enterprises through strategic partnerships;
(h) To promote the use of ICT for the enhancement of key public
services, such as education, public health and safety, revenue
generation, and socio-civic purposes;
(i) To encourage the use of ICT for the development and promotion
32. (j) To promote digital literacy, ICT expertise, and knowledge-
building among citizens to enable them to participate and compete
in an evolving ICT age:
(k) To empower, through the use of ICT, the disadvantaged
segments of the population, including the elderly, persons with
disabilities, and indigenous and minority groups;
(l) To ensure the rights of individuals to privacy and confidentiality
of their personal information;
(m) To ensure the security of critical ICT infrastructures including
information assets of the government, individuals, and businesses;
and
(n) To provide oversight over agencies governing and regulating the
ICT sector and ensure consumer protection and welfare, data
