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Lesson 3 Technologies' Impact On Privacy

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61 views49 pages

Lesson 3 Technologies' Impact On Privacy

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ashleydune
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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SOCIAL AND

PROFESSIONAL
ISSUES
Lesson 2: Technologies’ impact on privacy
Intended Learning
Outcomes
At the end of this chapter, the student is expected to:
1. Be knowledgeable of his privacy rights and the rights to due process guaranteed
by the constitution;
2. To evaluate whether a particular scenario constitutes a violation of his rights to
privacy;
3. To defend and argue whether in a particular instance, a person may have a
reasonable expectations of privacy; and
4. Demonstrate the concept of identity theft and illustrate the ways from which such
may be avoided
Rule #1: Thou Shalt Not Use a Computer to Harm Other People

:
•Key Point

THE TEN COMMANDMENTS


Rule #1: Thou shalt not use a computer to harm other people.

Rule #2: Thou shalt not interfere with other people’s


computer work.
Rule #3: Thou shalt not snoop around in other people’s
computer files.
Rule #4: shalt not use a computer to steal.

Rule #5: Thou shalt not use a computer to bear false witness.
THE TEN
COMMANDMENTS
OF COMPUTER
ETHICS IN RELATION
TO THE
APPROPRIATE
PHILIPPINE LAWS
Rule #1: Thou Shalt Not Use a Computer to Harm Other People

:
•Key Point

THE TEN COMMANDMENTS


• Rule #6: Thou shalt not copy or use proprietary software for which you have
not paid.

• Rule #7: Thou shalt not use other people’s computer resources without
authorization or proper compensation.

• Rule #8: Thou shalt not appropriate other people’s intellectual output.

• Rule #9: Thou shalt think about the social consequences of the program you
are writing or the system you are designing.

• Rule #10 : Thou shalt always use a computer in ways that ensure consideration
and respect for your fellow humans.
THE TEN
COMMANDMENTS
OF COMPUTER
ETHICS IN RELATION
TO THE
APPROPRIATE
PHILIPPINE LAWS
The only privacy that's
left is the inside of your
head.
by : – Brill (Gene Hackman)
LIFE UNDER THE
TECHNOLOGY
ENABLED NATIONAL
ID SYSTEM

IS IT POSSIBLE FOR IT
PROFESSIONALS TO HELP IN
PREVENTING TERRORIST
ATTACK?
National ID System
• A National ID System uses a single,
government-issued identification card
containing personal information.
• This system centralizes various public and
private services (e.g., healthcare, banking,
social services) into one identification
database.
• It’s often positioned as a tool for improving
governance, security, and access to
services.
The Role of Technology in
National ID System
• Biometric Data: National ID systems often collect
biometric data like fingerprints, iris scans, and
facial recognition to prevent identity fraud.
• Centralized Database: Information is stored in a
large, centralized databas
• e, which can be accessed by various government
agencies and private institutions.
• Smart ID Cards: These cards may contain chips
that store data and can be used for transactions,
identification, or accessing government services.
SCENARIO:

• JUAN is accused of raping JUANA on June 29,2024


around 7:00 p.m. . Juan contended that during
that time he was inside the Alibi in Crimson Hotel
with a certain lady named Roxy.
SCENARIO:
• JUAN is accused of raping JUANA on June 29,2015 around
7:00 p.m. . Juan contended that during that time he was
inside the Alibi in Crimson Hotel with a certain lady named
Roxy.

• Under the national id system, the owner of the Crimson Hotel


may be compelled by the JUDGE who has jurisdiction in the
case to confirm whether JUAN was indeed in the premises of
the hotel based on their official records. Furthermore, the
National MIS Director who has tasks to keep records of every
individual may, by a court order, provide the court with the
necessary pieces of evidence which would confirm or falsify
the claim of the accused.
SCENARIO:
• Imagine a city where a violent crime—rape—has occurred. Law enforcement agencies are
under pressure to solve the case swiftly and accurately. The crime took place in a public
park at night, and the victim is unable to clearly identify the perpetrator. There were no
security cameras in the immediate area, but a few witnesses saw a suspicious individual
fleeing the scene.
Scenario Overview:
• Crime: A sexual assault (rape) has been reported in a public park.
• Victim: Unable to identify the suspect clearly due to poor lighting and the
suddenness of the attack.
• Witnesses: A few witnesses provide limited descriptions, but nothing
conclusive.
• Evidence: DNA evidence has been collected from the crime scene, but without
a suspect in custody, there's no way to match it.
INTRODUCTION
•Definition of Privacy: The right of
individuals to control access to their personal
information.
•Relevance to IT: In computing, privacy
concerns arise with data collection, storage,
and sharing. It is crucial to ensure data is
handled ethically.
•Ethical Dilemma: Balancing convenience
with data security. For example, while AI
improves user experiences, it can collect vast
amounts of sensitive data.
PRIVACY: CONSTITUTIONAL PROVISION

“The privacy of communication and correspondence


shall be inviolable except upon lawful order of the court,
or when public safety or order requires otherwise.”

- Article III, Section 3 of the 1987 Constitution states,


IS IT ABSOLUTE?
EXCEPTION:
1. LAWFUL COURT ORDER
2. PUBLIC ORDER OR SAFETY
REQUIREMENT
3. EXPRESS PROVSION OF THE LAW
Scenario:Investigation of a Terrorist
Threat Using Digital Data

• Background:
A series of online messages were flagged by local intelligence
agencies indicating a potential terrorist attack in Metro
Manila. The messages were sent via encrypted social media
applications, making it difficult for authorities to track down
the individuals involved. As part of the investigation, law
enforcement agencies, led by the National Bureau of
Investigation (NBI) and the Anti-Terrorism Council (ATC), want
access to the private messages of a suspected terrorist group.
Legal Framework:

• Republic Act No. 10175 (Cybercrime Prevention Act)


allows for the collection of real-time traffic data for
suspected cybercrimes.
• Republic Act No. 10173 (Data Privacy Act) provides
privacy protection but also recognizes exceptions when a
lawful court order is obtained, public safety is at risk, or
an express legal provision allows for the use of private
data in specific cases.
Exception 1: Lawful Court Order

• The NBI and ATC apply for a court-issued warrant to access


private communications from the suspected terrorist
group’s social media accounts. Based on probable cause,
the Regional Trial Court (RTC) grants the warrant,
permitting the agencies to access messages that are
suspected of being directly linked to the planning of
terrorist activities.
Exception 2: Public Order or Safety
Requirement
• During the ongoing investigation, authorities uncover that one of the
suspects has planted an explosive device in a public area. Immediate
access to surveillance camera footage and data from mobile phone
towers in the vicinity is essential to neutralize the threat.
• The Philippine National Police (PNP), invoking public safety, requests real-
time data from telecommunications companies and other service
providers without waiting for a formal court order. Under the Public Order
or Safety exception in both the Cybercrime Prevention Act and Anti-
Terrorism Act (RA 11479), the police argue that lives are at immediate
risk, justifying immediate access to data.
Exception 3: Express Provision of the Law
• As part of its investigation into terror financing, the Anti-Money Laundering Council
(AMLC) begins monitoring financial transactions of individuals suspected of being
involved in funding terrorism. Under the Anti-Money Laundering Act (RA 9160),
financial institutions are required to report suspicious transactions, even if such
reporting involves accessing private financial data.
• The AMLC issues a directive to several banks and financial institutions, requiring
them to turn over the account details and transaction histories of certain
individuals linked to the terror group. Under Section 9(c) of the Anti-Money
Laundering Act, banks are required to comply with this request without the need for
a court order, as the law provides express authorization to access financial records
for suspected money laundering activities.
ILLUSTRATIVE CASE LEGAL
ISSUES IN THE IMPLEMENTATION
OF THE NATIONAL
COMPUTERIZED ID SYSTEM
Please read the whole case:

G.R. No. 127685, July 23, 1998 ]


BLAS F. OPLE, PETITIONER, VS. RUBEN D. TORRES,
ALEXANDER AGUIRRE, HECTOR VILLANUEVA, CIELITO
HABITO, ROBERT BARBERS, CARMENCITA REODICA,
CESAR SARINO, RENATO VALENCIA, TOMAS P. AFRICA,
HEAD OF THE NATIONAL COMPUTER CENTER AND
CHAIRMAN OF THE COMMISSION ON AUDIT,
RESPONDENTS.
Facts:
Petitioner: Blas F. Ople, a Philippine Senator.
Respondents: Executive Secretary Ruben Torres and heads of various
government agencies (NEDA, DILG, DOH, GSIS, SSS, NSO, National
Computer Center).
•Administrative Order No. 308 (A.O. No. 308): Issued by President Fidel V. Ramos on December 12, 1996.

•Purpose of A.O. No. 308: Establish a National Computerized Identification Reference System to facilitate
government transactions and prevent fraud.

•Publication: Order published in newspapers on January 22 and 23, 1997.

•Petition: Filed by Ople on January 24, 1997.

•Supreme Court Action: Issued a temporary restraining order on April 8, 1997, halting the implementation of
A.O. No. 308.

•Petitioner's Argument: A.O. No. 308 is an unconstitutional usurpation of legislative powers and violates the
right to privacy.

•Respondents' Argument: Petition is not justiciable, the order is within the President's executive powers, and it
protects individual privacy.
ISSUE:

1.Legislative Act Requirement: Does the


establishment of a National Computerized
Identification Reference System require a
legislative act, making A.O. No. 308 an
unconstitutional usurpation of legislative
powers?
2.Right to Privacy: Does the implementation
of A.O. No. 308 violate the constitutional
right to privacy?
Ruling:

• Supreme Court Decision: The Supreme Court


granted the petition.
• Outcome: A.O. No. 308 was declared null and void
for being unconstitutional.
Ratio:
•Nature of A.O. No. 308: The order was deemed not a mere administrative order but a law, which the President does not
have the power to issue.
•Impact on Citizens: The order established a comprehensive identification system affecting the life and liberty of every
Filipino citizen and foreign resident, violating their right to privacy.
•Legislative Power: Legislative power to make laws is vested in Congress; the President's role is to execute those laws.
•Subject Matter: A.O. No. 308 involved a subject that should be covered by law due to the need for a delicate balance of
state policies, including national security and privacy interests.
•Facial Unconstitutionality: The order was facially unconstitutional as it violated the right to privacy due to its broadness,
vagueness, and overbreadth, posing a clear and present danger to privacy rights.
•Lack of Specificity: The order did not specify the biological characteristics and biometrics technology to be used, nor did
it provide safeguards for handling personal information.
•Potential for Misuse: The potential for misuse of data gathered under A.O. No. 308 was significant, and the lack of
proper safeguards could lead to unconstitutional invasions of privacy.
•Fundamental Right to Privacy: The right to privacy is a fundamental right guaranteed by the Constitution, and any law or
order invading individual privacy must be narrowly focused and justified by a compelling state interest.
•Failure to Meet Requirements: A.O. No. 308 failed to meet these requirements and was therefore unconstitutional.
IS OUR SC AGAINST THE
USE OF TECHNOLOGY?
DISSENTING OPINION
JUSTICE PANGANIBAN
Rational Relationship Test:

• The Rational Relationship Test is a


legal standard used by courts to
determine if a law or government
action is constitutional under the
Equal Protection Clause.
• It helps maintain a balance between
legislative power and individual
rights, promoting fairness in law.
Note:
• The policy has a “reasonable purpose or rational
basis for being enacted by the legislature.
• If yes , the Supreme Court will go no further and
the policy will upheld.
Reasonable Expectation of
Privacy
• This legal concept refers to the level of
privacy an individual can reasonably
expect in different situations.
• Example: Pres. Erap while in the right of
suffrage (To Vote) in the 2010 Presidential
Election was I a state of reasonable
expectancy of his privacy.
• In simpler terms, it asks: Should a
person expect their actions,
conversations, or data to be private in a
given situation?
Consent?
All Parties or
At least one of
the Parties?
Practicing Our Logical
Resoning
• Consent refers to the permission granted by individuals involved
in a conversation regarding whether it can be recorded.
• Note: Since there is an express provision of the law which requires that
authorization must give by ALL PARTIES.

• There are two primary forms of consent:


• All-party consent: Everyone involved in the conversation must agree to
the recording.
• One-party consent: Only one person participating in the conversation
needs to consent to the recording.

• Ramirez vs. Garcia (1995)


• The case illustrates the importance of understanding both legal
obligations and ethical considerations when it comes to recording
conversations. Ensuring clear communication and obtaining consent
from all parties fosters trust and upholds privacy rights.
Privacy between Spouses
• It established that one spouse cannot
unilaterally infringe on the other’s
privacy, and any evidence obtained
without the other’s consent might still
be scrutinized for legality.
• Zulueta vs. CA (1996)
• Note: The law ensure absolute freedom
of communication between the spoiuses
by making it privileged.
The Airport Brawl
Did Mon Tulfo violate the
privacy rights of Claudine
when he took picture of
her allegedly berating an
airline employee?
ANSWER:

NO, BECAUSE DURING THE TIME WHEN MR.


TULFO TOOK A PICTURE OF MS. BARRETO,
THTE LATTER IS NOT UNDER CIRCUMSTANCES
IN WHICH SHE HAS A REASONABLE
EXPECTATIONS OF PRIVACY.

NOTE: MS. BARRETO WAS NOT IN A PRIVATE


ROOM.
PRIVACY RIGHTS OF
CONVICTED/DETAINED PERSON

Scenario:
If juan is convicted of the
crime rape , can he invoke his
right of privacy? NOTE:

PEASE READ THE ISSUE RELATED WITH SEN. TRILLANES ,


Can he still use a mobile ALLEGED THAT THE INTELLEGENCE SERVICE OF THE ARMED
phone or a laptop FORCES OF THE PHILIPPINES (OFFICIALS) VIOLATED HIS PRIVACY
RIGHTS WHEN THEY OPENED AND READ THE LETTERS HANDED BY
communicate freely with his TRILLANES AND OTHER DETAINEES TO THEIR VISITORS
friends or family?
CONFIDENTIAL
LETTERS?????

The inmate has no reasonable expectation of privacy


inside his cell
• -Hudson vs. Palmer

While detained or convicted individuals maintain some


privacy rights, these are subject to limitations to maintain
security, order, and public safety within detention facilities.

Regulations: In detention, authorities may implement


measures that include monitoring communications for
security reasons, but such actions must be clearly justified
and lawful.
PLEASE READ :
SECTION 12, RA. 10175 , CYBERCRIME PREVENTION
ACT OF 2012

R.A. 10173 : THE DATA PRIVACY ACT OF 2012


R.A. 10173: Data Privacy Act of 2012

The Act aims to protect the fundamental


human right to privacy while ensuring the
free flow of information to promote
innovation, growth, and participation in the
global digital economy.
The Request of Senator Juan Ponce Enrile
Re: Mugshot

• a request regarding the non-


publication of his mugshot,
which was taken after his
arrest.
Ethical Issues on Professional
Relationship and Hearsay

• Article III, Section 1 of the 1987 Philippine


Constitution guarantees the right to due process,
which entails that no person shall be deprived of
life, liberty, or property without due process of
law.
WHAT IS DUE
PROCESS?

A LAW WHICH HEARS


BEFORE IT CONDEMN WHICH
PROCEEDS UPON INQUIRY,
RENDERS JUDGEMENT ON
THE AFTER THE TRIAL.
Due Process
Clause Applied in
Software Designs

the concept of due process of law in


software design is crucial to ensure
fairness, transparency, and
accountability in the development
and deployment of software systems.
THANK YOU
FOR LISTENING
SOURCE:
SOCIAL,, ETHICAL, LEGAL AND PROFESSIONAL ISSUES IN COMPUTING
• CHARLEMAGNE G. LAVINA

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