Republic Act 10173 Data Privacy Act of 2012 (DPA)
“An act protecting individual personal information in information and communications systems in the government and the private sector, creating for this purpose a National Privacy Commission, and for other purposes”
Data Privacy Act of 2012 implication to cooperativesjo bitonio
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Whether the cooperatives registered under the Cooperative Development Authority (CDA) are covered by the DPA;
If indeed the cooperatives are covered by the law, determine the following:
Obligations of cooperatives
Reportorial requirements to be submitted to the NPC
Compliance period for such requirements
Penalties for non-compliance; and
Where cooperatives may course through or communicate other concerns regarding data privacy.
Philippine Data Privacy Act of 2012 (RA 10173)Kirk Go
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Republic Act 10173 otherwise known as the Data Privacy Act of 2012. This version presents Implementing Rules and Regulations (IRR) for the Act. It outlines provisions, scope, privacy principles, lawful processing of data, security measures, rights of data subject, accountability, penalties, and others.
Professional Issues in IT - Intellectual Property Basics
Reference : Tavani, Herman T., “Ethics and technology: controversies, questions, and strategies for ethical computing” , 4th Edition.
Republic Act 10173 Data Privacy Act of 2012 (DPA)
“An act protecting individual personal information in information and communications systems in the government and the private sector, creating for this purpose a National Privacy Commission, and for other purposes”
Data Privacy Act of 2012 implication to cooperativesjo bitonio
Â
Whether the cooperatives registered under the Cooperative Development Authority (CDA) are covered by the DPA;
If indeed the cooperatives are covered by the law, determine the following:
Obligations of cooperatives
Reportorial requirements to be submitted to the NPC
Compliance period for such requirements
Penalties for non-compliance; and
Where cooperatives may course through or communicate other concerns regarding data privacy.
Philippine Data Privacy Act of 2012 (RA 10173)Kirk Go
Â
Republic Act 10173 otherwise known as the Data Privacy Act of 2012. This version presents Implementing Rules and Regulations (IRR) for the Act. It outlines provisions, scope, privacy principles, lawful processing of data, security measures, rights of data subject, accountability, penalties, and others.
Professional Issues in IT - Intellectual Property Basics
Reference : Tavani, Herman T., “Ethics and technology: controversies, questions, and strategies for ethical computing” , 4th Edition.
'Cyber Crime ACT 2015' is Nugget 4 in the series 'Cyber Security Awareness Month 2017' It is important that you understand the direction and view of the Government in Cyber Crime. Remember Cyber Security is everyone's responsibility.
AB 195 introduced to crack-down on hackersDavid Sweigert
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Assemblymember Chau Introduces Legislation To Crackdown On Hackers-For-Hire Websites
Sacramento, CA—Assemblymember Ed Chau (D-Monterey Park) introduced a bill that would protect individual privacy by cracking down on websites that assist in the solicitation of a hacker to illegally access a computer network or smartphone.
“As one of the countless victims of identity theft, I am concerned by the growing number of these Hacker-for-Hire websites that encourage people to commit cybercrimes,” said Assemblymember Chau. “AB 195 seeks to ensure that the services being advertised are legitimate by making it a crime to assist in the solicitation of a hacker for illegal activities.”
Posted as a courtesy by:
Dave Sweigert
HCISPP , PMP , SEC+
UNOFFICIAL TRANSLATION
Law on Combating Cybercrime in the Kingdom of Bahrain
On information technology crimes
We are Hamad bin Isa Al Khalifa, King of the Kingdom of Bahrain.
After reviewing the Constitution,
The Penal Code promulgated by Legislative Decree No. 15 of 1976 and its
amendments,
And Decree-Law No. (17) of 1976 regarding Juveniles, amended by Legislative
Decree No. (23) of 2013,
And Decree-Law No. 4 of 2001 on the Prohibition and Combating of Money
Laundering and its amendments,
And Decree-Law No. (28) of 2002 on electronic transactions and its
amendments,
And the Code of Criminal Procedure promulgated by Legislative Decree No. 46 of
2002 and its amendments,
And Decree-Law No. (47) of 2002 regarding the organization of the press,
printing and publishing,
And the Telecommunications Law promulgated by Legislative Decree No. 48 of
2002,
Law No. (19) of 2004 approving the accession of the Kingdom of Bahrain to the
Optional Protocols to the Convention on the Rights of the Child on the
involvement of children in armed conflict and on the sale of children, child
prostitution and child pornography,
Law No. (22) for the year 2006 regarding the protection of copyright and related
rights and its amendments,
Law No. (58) for the year 2006 regarding the protection of society from terrorist
acts and amended by Legislative Decree No. (20) of 2013,
Law No. 64 of 2006 promulgating the Central Bank of Bahrain Law and financial
institutions,
The Shura Council and the Council of Representatives approved the following
law, which we have ratified and issued:
Introductory chapter
Article (1)
In the application of the provisions of this Law, the following words and
expressions shall have the meanings assigned to each of them unless the context
otherwise requires.
Information technology : includes all forms of technology used to create, process,
store, share, use and display information in various formats.
Information : All that can be stored, processed, generated and transmitted using
IT means, in particular, writing, still images, mobile, sound, numbers, letters,
symbols, signs, etc.
Means any electronic, magnetic, optical, electrochemical, or any instrument that
integrates communication, computing or any other device that has the ability to
receive, transmit, process, store and retrieve data very quickly.
IT system : A related or related tool or set of tools, one or more of which
automatically processes the IT data in accordance with a software program.
IT data : representation of facts, facts, information, or concepts in an appropriate
form that allows the IT system to process them.
Program : A set of instructions expressed in words, symbols, methods or
otherwise, if included in any of the machine-readable media, is capable of making
an IT tool perform a particular work or produce a specific result.
Service Provider, any of the following:
A) a.
Zen and the Art of the Hackathon: Organizing Hackathons in the Philippines. My presentation at Geeks on a Beach, Sept 27, 2013, Boracay Island, Philippines.
The Record Business is Dead, Long Live the Music BusinessJim Ayson
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Full title: The Record Business is Dead, Long Live the Music Business: Music Consumption & Distribution in the Digital Age. My presentation at the Electronic Music Conference & Audio Expo (EMEX 2013) on July 5, 2013. In which we look at Digital Music distribution from a Philippine perspective.
Why 2010 is the year of Mobile Social MediaJim Ayson
Â
My presentation at a social networking conference in Makati, Philippines. April 22, 2010. This presentation covers the state of the mobile social media from a global and a Philippine perspective, with a special nod to the mobile operator's point of view.
Essentials of Automations: Optimizing FME Workflows with ParametersSafe Software
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Are you looking to streamline your workflows and boost your projects’ efficiency? Do you find yourself searching for ways to add flexibility and control over your FME workflows? If so, you’re in the right place.
Join us for an insightful dive into the world of FME parameters, a critical element in optimizing workflow efficiency. This webinar marks the beginning of our three-part “Essentials of Automation” series. This first webinar is designed to equip you with the knowledge and skills to utilize parameters effectively: enhancing the flexibility, maintainability, and user control of your FME projects.
Here’s what you’ll gain:
- Essentials of FME Parameters: Understand the pivotal role of parameters, including Reader/Writer, Transformer, User, and FME Flow categories. Discover how they are the key to unlocking automation and optimization within your workflows.
- Practical Applications in FME Form: Delve into key user parameter types including choice, connections, and file URLs. Allow users to control how a workflow runs, making your workflows more reusable. Learn to import values and deliver the best user experience for your workflows while enhancing accuracy.
- Optimization Strategies in FME Flow: Explore the creation and strategic deployment of parameters in FME Flow, including the use of deployment and geometry parameters, to maximize workflow efficiency.
- Pro Tips for Success: Gain insights on parameterizing connections and leveraging new features like Conditional Visibility for clarity and simplicity.
We’ll wrap up with a glimpse into future webinars, followed by a Q&A session to address your specific questions surrounding this topic.
Don’t miss this opportunity to elevate your FME expertise and drive your projects to new heights of efficiency.
Encryption in Microsoft 365 - ExpertsLive Netherlands 2024Albert Hoitingh
Â
In this session I delve into the encryption technology used in Microsoft 365 and Microsoft Purview. Including the concepts of Customer Key and Double Key Encryption.
Generating a custom Ruby SDK for your web service or Rails API using Smithyg2nightmarescribd
Â
Have you ever wanted a Ruby client API to communicate with your web service? Smithy is a protocol-agnostic language for defining services and SDKs. Smithy Ruby is an implementation of Smithy that generates a Ruby SDK using a Smithy model. In this talk, we will explore Smithy and Smithy Ruby to learn how to generate custom feature-rich SDKs that can communicate with any web service, such as a Rails JSON API.
Securing your Kubernetes cluster_ a step-by-step guide to success !KatiaHIMEUR1
Â
Today, after several years of existence, an extremely active community and an ultra-dynamic ecosystem, Kubernetes has established itself as the de facto standard in container orchestration. Thanks to a wide range of managed services, it has never been so easy to set up a ready-to-use Kubernetes cluster.
However, this ease of use means that the subject of security in Kubernetes is often left for later, or even neglected. This exposes companies to significant risks.
In this talk, I'll show you step-by-step how to secure your Kubernetes cluster for greater peace of mind and reliability.
Neuro-symbolic is not enough, we need neuro-*semantic*Frank van Harmelen
Â
Neuro-symbolic (NeSy) AI is on the rise. However, simply machine learning on just any symbolic structure is not sufficient to really harvest the gains of NeSy. These will only be gained when the symbolic structures have an actual semantics. I give an operational definition of semantics as “predictable inference”.
All of this illustrated with link prediction over knowledge graphs, but the argument is general.
LF Energy Webinar: Electrical Grid Modelling and Simulation Through PowSyBl -...DanBrown980551
Â
Do you want to learn how to model and simulate an electrical network from scratch in under an hour?
Then welcome to this PowSyBl workshop, hosted by Rte, the French Transmission System Operator (TSO)!
During the webinar, you will discover the PowSyBl ecosystem as well as handle and study an electrical network through an interactive Python notebook.
PowSyBl is an open source project hosted by LF Energy, which offers a comprehensive set of features for electrical grid modelling and simulation. Among other advanced features, PowSyBl provides:
- A fully editable and extendable library for grid component modelling;
- Visualization tools to display your network;
- Grid simulation tools, such as power flows, security analyses (with or without remedial actions) and sensitivity analyses;
The framework is mostly written in Java, with a Python binding so that Python developers can access PowSyBl functionalities as well.
What you will learn during the webinar:
- For beginners: discover PowSyBl's functionalities through a quick general presentation and the notebook, without needing any expert coding skills;
- For advanced developers: master the skills to efficiently apply PowSyBl functionalities to your real-world scenarios.
Key Trends Shaping the Future of Infrastructure.pdfCheryl Hung
Â
Keynote at DIGIT West Expo, Glasgow on 29 May 2024.
Cheryl Hung, ochery.com
Sr Director, Infrastructure Ecosystem, Arm.
The key trends across hardware, cloud and open-source; exploring how these areas are likely to mature and develop over the short and long-term, and then considering how organisations can position themselves to adapt and thrive.
Slack (or Teams) Automation for Bonterra Impact Management (fka Social Soluti...Jeffrey Haguewood
Â
Sidekick Solutions uses Bonterra Impact Management (fka Social Solutions Apricot) and automation solutions to integrate data for business workflows.
We believe integration and automation are essential to user experience and the promise of efficient work through technology. Automation is the critical ingredient to realizing that full vision. We develop integration products and services for Bonterra Case Management software to support the deployment of automations for a variety of use cases.
This video focuses on the notifications, alerts, and approval requests using Slack for Bonterra Impact Management. The solutions covered in this webinar can also be deployed for Microsoft Teams.
Interested in deploying notification automations for Bonterra Impact Management? Contact us at sales@sidekicksolutionsllc.com to discuss next steps.
Epistemic Interaction - tuning interfaces to provide information for AI supportAlan Dix
Â
Paper presented at SYNERGY workshop at AVI 2024, Genoa, Italy. 3rd June 2024
https://alandix.com/academic/papers/synergy2024-epistemic/
As machine learning integrates deeper into human-computer interactions, the concept of epistemic interaction emerges, aiming to refine these interactions to enhance system adaptability. This approach encourages minor, intentional adjustments in user behaviour to enrich the data available for system learning. This paper introduces epistemic interaction within the context of human-system communication, illustrating how deliberate interaction design can improve system understanding and adaptation. Through concrete examples, we demonstrate the potential of epistemic interaction to significantly advance human-computer interaction by leveraging intuitive human communication strategies to inform system design and functionality, offering a novel pathway for enriching user-system engagements.
UiPath Test Automation using UiPath Test Suite series, part 4DianaGray10
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Welcome to UiPath Test Automation using UiPath Test Suite series part 4. In this session, we will cover Test Manager overview along with SAP heatmap.
The UiPath Test Manager overview with SAP heatmap webinar offers a concise yet comprehensive exploration of the role of a Test Manager within SAP environments, coupled with the utilization of heatmaps for effective testing strategies.
Participants will gain insights into the responsibilities, challenges, and best practices associated with test management in SAP projects. Additionally, the webinar delves into the significance of heatmaps as a visual aid for identifying testing priorities, areas of risk, and resource allocation within SAP landscapes. Through this session, attendees can expect to enhance their understanding of test management principles while learning practical approaches to optimize testing processes in SAP environments using heatmap visualization techniques
What will you get from this session?
1. Insights into SAP testing best practices
2. Heatmap utilization for testing
3. Optimization of testing processes
4. Demo
Topics covered:
Execution from the test manager
Orchestrator execution result
Defect reporting
SAP heatmap example with demo
Speaker:
Deepak Rai, Automation Practice Lead, Boundaryless Group and UiPath MVP
State of ICS and IoT Cyber Threat Landscape Report 2024 previewPrayukth K V
Â
The IoT and OT threat landscape report has been prepared by the Threat Research Team at Sectrio using data from Sectrio, cyber threat intelligence farming facilities spread across over 85 cities around the world. In addition, Sectrio also runs AI-based advanced threat and payload engagement facilities that serve as sinks to attract and engage sophisticated threat actors, and newer malware including new variants and latent threats that are at an earlier stage of development.
The latest edition of the OT/ICS and IoT security Threat Landscape Report 2024 also covers:
State of global ICS asset and network exposure
Sectoral targets and attacks as well as the cost of ransom
Global APT activity, AI usage, actor and tactic profiles, and implications
Rise in volumes of AI-powered cyberattacks
Major cyber events in 2024
Malware and malicious payload trends
Cyberattack types and targets
Vulnerability exploit attempts on CVEs
Attacks on counties – USA
Expansion of bot farms – how, where, and why
In-depth analysis of the cyber threat landscape across North America, South America, Europe, APAC, and the Middle East
Why are attacks on smart factories rising?
Cyber risk predictions
Axis of attacks – Europe
Systemic attacks in the Middle East
Download the full report from here:
https://sectrio.com/resources/ot-threat-landscape-reports/sectrio-releases-ot-ics-and-iot-security-threat-landscape-report-2024/
State of ICS and IoT Cyber Threat Landscape Report 2024 preview
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The Philippine Cybercrime Prevention Act of 2012
1. 1
}
CONGRESS OF THE PHILIPPINES
FIFTEENTH CONGRESS
Second Regular Session
SENA T E
S. No. 2796
PREPARED AND SUBMITTED JOINTLY BY THE COMMITTEES ON SCIENCE
AND TECHNOLOGY; CONSTITUTIONAL AMENDMENTS,
REVISION OF CODES AND LAWS; EDUCATION, ARTS AND
CULTURE; JUSTICE AND HUMAN RIGHTS; TRADE AND
COMMERCE; PUBLIC INFORMATION AND MASS MEDIA AND
FINANCE WITH SENATORS TRILLANES, ANGARA, ENRILE,
ESTRADA, LAPID, VILLAR, DEFENSOR SANTIAGO, MARCOS,
REVILLA JR. AND LEGARDA AS AUTHORS
AN ACT DEFINING CYBERCRIME, PROVIDING FOR
PREVENTION, INVESTIGATION AND IMPOSITION OF
PENALTIES THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled:
1 CHAPTER I PRELIMINARY PROVISIONS
2 SECTION 1. Title. This Act shall be known as the
3 ybercrime Prevention Act of 2012
2. 2
1 SEC. 2. Declaration of Policy. The State recognizes the vital
2 role of information and communications industries such as content
3 production, telecommunications, broadcasting, electronic commerce,
4
5 development. The State also recognizes the importance of providing an
6 environment conducive to the development, acceleration, and rational
7 application and exploitation of information and communications
8 technology to attain free, easy, and intelligible access to exchange
9 and/or delivery of information; and the need to protect and safeguard
10 the integrity of computer, computer and communications systems,
11 networks, and databases, and the confidentiality, integrity, and
12 availability of information and data stored therein, from all forms of
13 misuse, abuse, and illegal access by making punishable under the law
14 such conduct or conducts. In this light, the State shall adopt sufficient
15 powers to effectively prevent and combat such offenses by facilitating
16 their detection, investigation, and prosecution at both the domestic and
17 international levels, and by providing arrangements for fast and reliable
18 international cooperation.
19 SEC. 3. Definition of Terms. For purposes of this Act, the
20 following terms are hereby defined as follows:
3. 3
1 a) Access refers to the instruction, communication
2 with, storing data in, retrieving data from, or otherwise making use of
3 any resources of a computer system or communication network;
4 b) Alteration refers to the modification or change, in
5 form or substance, of an existing computer data or program;
6 c) Communication refers to the transmission of
7 information including voice and non-voice data;
8 d) Computer an electronic, magnetic, optical,
9 electrochemical, or other data processing or communications device, or
10 grouping of such devices, capable of performing logical, arithmetic,
11 routing, or storage functions and which includes any storage facility or
12 equipment or communications facility or equipment directly related to
13 or operating in conjunction with such device. It covers any type of
14 computer device including devices with data processing capabilities
15 like mobile phones and also computer networks;
16 e) Computer system means any device or a group of
17 interconnected or related devices, one or more of which, pursuant to a
18 program, performs automatic processing of data. It covers any type of
19 computer device including devices with data processing capabilities
20 like mobile phones and also computer networks. The device consisting
4. 4
1 of hardware and software may include input, output and storage
2 facilities which may stand alone or be connected in a network or other
3 similar devices. It also includes computer-data storage devices or
4 medium;
5 f) Computer Data refers to any representation of facts,
6 information, or concepts in a form suitable for processing in a computer
7 system including a program suitable to cause a computer system to
8 perform a function and includes electronic documents and/or electronic
9 data messages whether stored in local computer systems or online;
10 g) Computer Program refers to a set of instructions
11 executed by the computer;
12 h) Critical Infrastructure refers to the computer systems,
13 and/or networks, whether physical or virtual, and/or the computer
14 programs, computer data and/or traffic data so vital to this country that
15 the incapacity or destruction of or interference with such system and
16 assets would have a debilitating impact on security, national or
17 economic security, national public health and safety, or any
18 combination of those matters;
19 i) Cybersecurity refers to the collection of tools, policies,
20 risk management approaches, actions, training, best practices,
5. 5
1 assurance and technologies that can be used to protect the cyber
2
3 j) Without Right refers to either: (i) conduct undertaken
4 without or in excess of authority; or (ii) conduct not covered by
5 established legal defenses, excuses, court orders, justifications, or
6 relevant principles under the law;
7 k) Database refers to a representation of information,
8 knowledge, facts, concepts, or instructions which are being prepared,
9 processed or stored or have been prepared, processed or stored in a
10 formalized manner and which are intended for use in a computer
11 system;
12 l) Interception refers to listening to, recording, monitoring
13 or surveillance of the content of communications, including procuring
14 of the content of data, either directly, through access and use of a
15 computer system or indirectly, through the use of electronic
16 eavesdropping or tapping devices, at the same time that the
17 communication is occurring;
18 m) Service Provider refers to :
6. 6
1 1) any public or private entity that provides to
2 users of its service the ability to communicate by means of a
3 computer system; and
4 2) any other entity that processes or stores computer
5 data on behalf of such communication service or users of such
6 service;
7 n) refers to any information
8 contained in the form of computer data or any other form that is held by
9 a service provider, relating to subscribers of its services other than
10 traffic or content data and by which identity can be established;
11 1) The type of communication service used, the
12 technical provisions taken thereto and the period of service;
13 2)
14 address, telephone and other access numbers, any assigned
15 network address, billing and payment information, available on
16 the basis of the service agreement or arrangement;
17 3) Any other available information on the site of the
18 installation of communication equipment, available on the
19 basis of the service agreement or arrangement.
7. 7
1 o) Traffic Data or Non-Content Data refers to any computer
2 data other than the content of the communication, including but not
3
4 size, duration, or type of underlying service.
5 CHAPTER II PUNISHABLE ACTS
6 SEC. 4. Cybercri me Offenses. The following acts constitute
7 the offense of cybercrime punishable under this Act:
8 A) Offenses against the confidentiality, integrity and
9 availability of computer data and systems:
10 1) Illegal Access The access to the whole or any part of
11 a computer system without right.
12 2) Illegal Interception The interception made by
13 technical means without right of any non-public transmission
14 of computer data to, from, or within a computer system
15 including electromagnetic emissions from a computer system
16 carrying such computer data: Provided, however, That it shall
17 not be unlawful for an officer, employee, or agent of a service
18 provider, whose facilities are used in the transmission of
19 communications, to intercept, disclose, or use that
20 communication in the normal course of his employment while
8. 8
1 engaged in any activity that is necessary to the rendition of his
2 service or to the protection of the rights or property of the
3 service provider, except that the latter shall not utilize service
4 observing or random monitoring except for mechanical or
5 service control quality checks.
6 3) Data interference The deletion, deterioration,
7 alteration of computer data without right.
8 4) System Interference The hindering without
9 right of the functioning of a computer system by inputting,
10 transmitting, deleting or altering computer data or program.
11 5) Cyber-squatting The acquisition of a domain
12 name over the internet in bad faith to profit, mislead,
13 destroy reputation, and deprive others from registering the
14 same, if such a domain name is:
15 i. Similar, identical, or confusingly similar to an
16 existing trademark registered with the appropriate
17 government agency at the time of the domain name
18 registration;
9. 9
1 ii. Identical or in any way similar with the name of a
2 person other than the registrant, in case of a
3 personal name; and
4 iii. Acquired without right or with intellectual property
5 interests in it.
6 6) Misuse of Devices
7 a. The use, production, sale, procurement, importation,
8 distribution, or otherwise making available, without
9 right, of:
10 i. a device, including a computer program, designed
11 or adapted primarily for the purpose of committing any
12 of the offenses under this Act; or
13 ii. a computer password, access code, or similar data
14 by which the whole or any part of a computer system is
15 capable of being accessed with intent that it be used for
16 the purpose of committing any of the offenses under
17 this Act;.
18 b. The possession of an item referred to in paragraphs
19 6(a)(i) or (ii) above with intent to use said devices for
10. 10
1 the purpose of committing any of the offenses under
2 this section.
3 Provided, That no criminal liability shall attach when the use,
4 production, sale, procurement, importation, distribution, or
5 otherwise making available, or possession of computer
6 devices/data referred to is for the authorized testing of a
7 computer system.
8 B. Computer-related Offenses:
9 1. Computer-related Forgery (a) the input, alteration, or
10 deletion of any computer data without right resulting in
11 inauthentic data with the intent that it be considered or acted
12 upon for legal purposes as if it were authentic, regardless
13 whether or not the data is directly readable and intelligible; (b)
14 the act of knowingly using computer data which is the product
15 of computer-related forgery as defined herein, for the purpose
16 of perpetuating a fraudulent or dishonest design.
17 2. Computer-related Fraud the unauthorized input,
18 alteration, or deletion of computer data or program or
19 interference in the functioning of a computer system, causing
20 damage thereby with fraudulent intent: Provided, That if no
11. 11
1 damage has yet been caused, the penalty imposable shall be
2 one degree lower.
3 C. Content-related Offenses:
4 1) Cybersex The willful engagement, maintenance,
5 control, or operation, directly or indirectly, of any lascivious
6 exhibition of sexual organs or sexual activity, with the aid of a
7 computer system, for favor or consideration.
8 2) Child Pornography The unlawful or prohibited acts
9 defined and punishable by Republic Act No. 9775 or the Anti-
10 Child Pornography Act of 2009, especially as committed
11 through a computer system.
12 3) Unsolicited Commercial Communications. The
13 transmission of commercial electronic communication with the
14 use of computer system which seek to advertise, sell, or offer
15 for sale products and services are prohibited unless:
16 a) There is a prior affirmative consent from the
17 recipient; or
18 b) The following conditions are present:
19 i. The commercial electronic communication
20 contains a simple, valid, and reliable way for
12. 12
1 the recipient to reject receipt of further
2 -
3 from the same source;
4 ii. The commercial electronic communication
5 does not purposely disguise the source of the
6 electronic message; and
7 iii. The commercial electronic communication
8 does not purposely include misleading
9 information in any part of the message in order
10 to induce the recipients to read the message.
11 4) Libel The unlawful or prohibited acts of libel as
12 defined in Article 355 of the Revised Penal Code, as amended,
13 committed through a computer system or any other similar
14 means which may be devised in the future.
15 SEC. 5. Other Offenses. The following acts shall also
16 constitute an offense:
17 1) Aiding or Abetting in the Commission of Cybercrime.
18 Any person who willfully abets or aids in the commission of any of the
19 offenses enumerated in this Act shall be held liable.
13. 13
1 2) Attempt in the Commission of Cybercrime. Any person
2 who willfully attempts to commit any of the offenses enumerated in
3 this Act shall be held liable.
4 SEC. 6. Liability under Other Laws. A prosecution under this
5 Act shall be without prejudice to any liability for violation of any
6 provision of the Revised Penal Code, as amended or special laws.
7 CHAPTER III PENALTIES
8 SEC. 7. Penalties. Any person found guilty of any of the
9 punishable acts enumerated in Sections 4A and 4B of this Act shall be
10 punished with imprisonment of prision mayor or a fine of at least Two
11 hundred thousand pesos (PhP200,000.00) up to a maximum amount
12 commensurate to the damage incurred or both.
13 Any person found guilty of the punishable act under Section
14 4A-5 shall be punished with imprisonment of prision mayor or a fine of
15 not more than Five hundred thousand pesos (PhP500,000.00) or both.
16 If punishable acts in Section 4A are committed against critical
17 infrastructure, the penalty of reclusion temporal or a fine of at least
18 Five hundred thousand pesos (PhP500,000.00) up to maximum amount
19 commensurate to the damage incurred or both.
14. 14
1 Any person found guilty of any of the punishable acts
2 enumerated in Section 4C(1) of this Act shall be punished with
3 imprisonment of prision mayor or a fine of at least Two hundred
4 thousand pesos (PhP200,000.00) but not exceeding One million pesos
5 (PhP1,000,000.00) or both.
6 Any person found guilty of any of the punishable acts
7 enumerated in Section 4C(2) of this Act shall be punished with the
8 penalties as enumerated in Republic Act No. 9775 or the Anti-Child
9 Pornography Act of 2009.
10 Any person found guilty of any of the punishable acts
11 enumerated in Section 4C(3) shall be punished with imprisonment of
12 arresto mayor or a fine of at least Fifty thousand pesos (PhP50,000.00)
13 but not exceeding Two hundred fifty thousand pesos (PhP250,000.00)
14 or both.
15 Any person found guilty of any of the punishable acts
16 enumerated in Section 5 shall be punished with imprisonment one
17 degree lower than that of the prescribed penalty for the offense or a fine
18 of at least One hundred thousand pesos (PhP100,000.00) but not
19 exceeding Five hundred thousand pesos (PhP500,000.00) or both.
15. 15
1 SEC. 8. Corporate Liability. When any of the punishable
2 acts herein defined are knowingly committed on behalf of or for the
3 benefit of a juridical person, by a natural person acting either
4 individually or as part of an organ of the juridical person, who has a
5 leading position within, based on (a) a power of representation of the
6 juridical person, (b) an authority to take decisions on behalf of the
7 juridical person, or (c) an authority to exercise control within the
8 juridical person, the juridical person shall be held liable for a fine
9 equivalent to at least double the fines imposable in Section 7 up to a
10 maximum of Ten million pesos (Php10,000,000.00).
11 If the commission of any of the punishable acts herein defined
12 was made possible due to the lack of supervision or control by a natural
13 person referred to and described in the preceding paragraph, for the
14 benefit of that juridical person by a natural person acting under its
15 authority, the juridical person shall be held liable for a fine equivalent
16 to at least double the fines imposable in Section 7 up to a maximum of
17 Five million pesos (Php5,000,000.00).
18 The liability imposed on the juridical person shall be without
19 prejudice to the criminal liability of the natural person who has
20 committed the offence.
16. 16
1 CHAPTER IV ENFORCEMENT AND IMPLEMENTATION
2 SEC. 9. Real-Ti me Collection of Traffic Data. Law
3 enforcement authorities, with due cause, shall be authorized to collect
4 or record by technical or electronic means traffic data in real-time
5 associated with specified communications transmitted by means of a
6 computer system.
7 Traffic data refer only to t
8 destination, route, time, date, size, duration, or type of underlying
9 service, but not content, nor identities.
10 All other data to be collected or seized or disclosed will require
11 a court warrant.
12 Service providers are required to cooperate and assist law
13 enforcement authorities in the collection or recording of the above-
14 stated information.
15 The court warrant required under this section shall only be
16 issued or granted upon written application and the examination under
17 oath or affirmation of the applicant and the witnesses he may produce
18 and the showing: (1) that there are reasonable grounds to believe that
19 any of the crimes enumerated hereinabove has been committed, or is
20 being committed or is about to be committed; (2) that there are
17. 17
1 reasonable grounds to believe that evidence will be obtained is
2 essential to the conviction of any person for, or to the solution of, or to
3 the prevention of, any such crimes; and (3) that there are no other
4 means readily available for obtaining such evidence.
5 SEC. 10. Preservation of Computer Data . The integrity of
6 traffic data and subscriber information relating to communication
7 services provided by a service provider shall be preserved for a
8 minimum period of six (6) months from the date of the transaction.
9 Content data shall be similarly preserved for six (6) months from the
10 date of receipt of the order from law enforcement authorities requiring
11 its preservation.
12 Law enforcement authorities may order a one-time extension
13 for another six (6) months provided that once computer data preserved,
14 transmitted or stored by a service provider is used as evidence in a case,
15 the mere furnishing to such service provider of the transmittal
16 document to the Office of the Prosecutor shall be deemed a notification
17 to preserve the computer data until the termination of the case.
18 The service provider ordered to preserve computer data shall
19 keep confidential the order and its compliance.
18. 18
1 SEC. 11. Disclosure of Computer Data. Law enforcement
2 authorities, upon securing a court warrant, shall issue an order requiring
3
4 information, traffic data or relevant data in his/its possession or control
5 within seventy-two (72) hours from receipt of the order in relation to a
6 valid complaint officially docketed and assigned for investigation and
7 the disclosure is necessary and relevant for the purpose of investigation.
8 SEC. 12. Search, Seizure, and Examination of Computer Data.
9 Where a search and seizure warrant is properly issued, the law
10 enforcement authorities shall likewise have the following powers and
11 duties:
12 Within the time period specified in the warrant, to conduct
13 interception, as defined in this Act, and:
14 1) To secure a computer system or a computer data
15 storage medium;
16 2) To make and retain a copy of those computer data secured;
17 3) To maintain the integrity of the relevant stored
18 computer data;
19 4) To conduct forensic analysis or examination of the
20 computer data storage medium; and
19. 19
1 5) To render inaccessible or remove those computer data
2 in the accessed computer or computer and communications network.
3 Pursuant thereof, the law enforcement authorities may order
4 any person who has knowledge about the functioning of the computer
5 system and the measures to protect and preserve the computer data
6 therein to provide, as is reasonable, the necessary information, to
7 enable the undertaking of the search, seizure and examination.
8 Law enforcement authorities may request for an extension of
9 time to complete the examination of the computer data storage medium
10 and to make a return thereon but in no case for a period longer than
11 thirty (30) days from date of approval by the court.
12 SEC. 13. Restricting or Blocking Access to Computer Data.
13 When a computer data is pri ma facie found to be in violation of the
14 provisions of this Act, the DOJ shall issue an order to restrict or block
15 access to such computer data.
16 SEC. 14. Non-compliance. Failure to comply with the
17 provisions of Chapter IV hereof specifically the orders from law
18 enforcement authorities shall be punished as a violation of P. D. No.
19 1829 with imprisonment of prision correctional in its maximum period
20 or a fine of One hundred thousand pesos (Php100,000.00) or both, for
20. 20
1 each and every noncompliance with an order issued by law
2 enforcement authorities.
3 SEC. 15. Duties of Law Enforcement Authorities. To ensure
4 that the technical nature of cybercrime and its prevention is given focus
5 and considering the procedures involved for international cooperation,
6 law enforcement authorities specifically the computer or technology
7 crime divisions or units responsible for the investigation of cybercrimes
8 are required to submit timely and regular reports including pre-
9 operation, post-operation and investigation results and such other
10 documents as may be required to the Department of Justice (DOJ) for
11 review and monitoring.
12 CHAPTER V JURISDICTION
13 SEC.16. Jurisdiction. The Regional Trial Court shall have
14 jurisdiction over any violation of the provisions of this Act including
15 any violation committed by a Filipino national regardless of the place
16 of commission. Jurisdiction shall lie if any of the elements was
17 committed within the Philippines or committed with the use of any
18 computer system wholly or partly situated in the country, or when by
19 such commission any damage is caused to a natural or juridical person
20 who, at the time the offense was committed, was in the Philippines.
21. 21
1 There shall be designated special cybercrime courts manned by
2 specially trained judges to handle cybercrime cases.
3 CHAPTER VI INTERNATIONAL COOPERATION
4 SEC. 17. General Principles Relating to International
5 Cooperation. All relevant international instruments on international
6 cooperation in criminal matters, arrangements agreed on the basis of
7 uniform or reciprocal legislation, and domestic laws, to the widest
8 extent possible for the purposes of investigations or proceedings
9 concerning criminal offenses related to computer systems and data, or
10 for the collection of evidence in electronic form of a criminal offense
11 shall be given full force and effect.
12 CHAPTER VII COMPETENT AUTHORITIES
13 SEC. 18. Department of Justice (D OJ). There is hereby
14 created an Office of Cybercrime within the DOJ designated as the
15 central authority in all matters related to international mutual assistance
16 and extradition.
17 SEC. 19. Department of Science and Technology Information
18 and Communications Technology Office (D O ST-ICTO). There is
19 hereby created a National Cyber Security Center (NCSC) within the
20 DOST-ICTO designated to formulate and implement a national
22. 22
1 cybersecurity plan, and extend technical assistance for the suppression
2 of real-time commission of cybercrime offenses through a Computer
3 Emergency Response Team (CERT).
4 CHAPTER VIII NATIONAL CYBERSECURITY
5 COORDINATING COUNCIL
6 SEC. 20. National Cybersecurity Coordinating Council
7 (NC C C). There is hereby created, within thirty (30) days from the
8 effectivity of this Act, A National Cybersecurity Coordinating Council
9 hereinafter referred to as NCCC, under the control and supervision of
10 the Office of the President, to formulate and implement the national
11 cybersecurity plan.
12 SEC. 21. Composition. The NCCC shall be headed by the
13 Executive Director of the DOST-ICTO as Chairman; with the Director
14 of the NBI; Chief of the PNP; Head of the DOJ Office of Cybercrime,
15 as members; and representatives from the private sector and
16 academe.
17 The NCCC shall be manned by a secretariat of selected
18 personnel and representatives from the different participating agencies.
23. 23
1 SEC. 22. Powers and Functions. The NCCC shall have the
2 following powers and functions:
3 a) To prepare and implement appropriate and effective
4 measures related to cybersecurity as provided in this Act;
5 b) To monitor cybercrime cases being handled by
6 participating law enforcement and prosecution agencies;
7 c) To coordinate the support and participation of the
8 business sector, local government units, and nongovernment
9 organizations in cybersecurity programs and other related projects;
10 d) To recommend the enactment of appropriate laws,
11 issuances, measures and policies;
12 e) To call upon any government agency to render assistance
13 in the accomplishment of the NCCC
14 f) To perform such other functions and duties as necessary.
15 CHAPTER IX FINAL PROVISIONS
16 SEC. 23. Appropriations. The amount of Fifty million pesos
17 (PhP50,000,000.00) shall be appropriated annually for the
18 implementation of this Act.
19 SEC. 24. Implementing Rules and Regulations. The
20 Department of Justice in consultation with the Department of Science
24. 24
1 and Technology and the Department of the Interior and Local
2 Government, within ninety (90) days from the effectivity of this Act,
3 shall formulate the necessary rules and regulations for the effective
4 implementation of this Act including the creation and establishment of
5 a national cyber security center with the relevant computer emergency
6 response council or team.
7 SEC. 25. Separability Clause. If any provision of this Act is
8 held invalid, the other provisions not affected shall remain in full force
9 and effect.
10 SEC. 26. Repealing Clause . . All laws, decrees, or rules
11 inconsistent with this Act are hereby repealed or modified accordingly.
12 Section 33-A of Republic Act No. 8792 or the Electronic Commerce
13 Act is hereby modified accordingly.
14 SEC. 27. Effectivity. This Act shall take effect fifteen (15)
15 days after the completion of its publication in the Official Gazette or in
16 at least two (2) newspapers of general circulation.
Approved,