[Mirror] Abao, Eugene

SY 2012-2013, First Semester


SENATE BILL NO. 2965 “AN ACT PROTECTING INDIVIDUAL PERSONAL INFORMATION IN INFORMATION AND COMMUNICATIONS SYSTEMS IN THEGOVERNMENT AND THE PRIVATE SECTOR, CREATING FOR THIS PURPOSE A NATIONAL DATA PROTECTION COMMISSION”.

Senate Bill 2965 is created for the protection of Information and Communications Systems of the Governmnet and the Private Sector. As a private individual this gives me a peace of mind and great confidence having in mind that whatever private information gathered and made by me, I know that no body has the right to take/access to such information without my consent and that any violation of my right as a private individual shall be held liable under the law:

Section 2. Declaration of Policy. – It is the policy of the State to protect the fundamental human right of privacy of communication. The State recognizes the vital role of information and commmunication technology in nation building and its inherent obligation to ensure that personal information in information and communication system in the government and in the private sector are secured and protected.

The passage of the law likewise empowered the Government as well as its agencies giving them authority to prosecute individuals,corporations etc. from gathering through illegal means and with bad faith, information owned by the Government and its agencies wherein the prosecution and procedure herein stated is being given and empowered by law to the National Privacy Commission, having the functions as stated under Section 6 of the same Bill, likewise penalties having been enumerated for any violation of the rights of private individual and of the Government are herein enumerated covered under Chapter VII. discussing on penalties, and because of this penalties, violators will think twice before commiting the offense.

The Bill will also help a lot of people in relation to their dealings or transactions with different agencies of the Government in the sence that we can now have easy access to public documents as long as it is in compliance and in accordance with the requirements set fort by Chapter III involving Processing of Personal Information. The principal of accountability is also followed, meaning officer having direct resposibility to particular data or information shall be held liable for lost, damage etc. as provided for by Section 9-A. The Government and its people now knew who will be accounted for, for any loss or damges suffered, because persons involved can now be easily be pinpointed.

The law in general will definetely help us as a nation, we are now in the advent of technology, a fast pace environment wherein everything that we do are done or created with the help of technology. The inprovemnet will definitely continue in the years to come,because of Senate Bill No. 2965 empowering not only the Government but also Private Corporations and Individuals to create new engenuity because they now knew that any information made by them are protected by law.


The Legality of Fan Art in the Phillippines

What is Fan Art? An artwork created by someone other than the artist itself. The artwork itself is a creation of the Fans in recognition and support to the original artist.

Laws applicable in the Philippines in relation to Fan Art:

Republic Act No. 8293 ; Provision of the law under Copyright.

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It is provided for under the law that the use and abuse of the original work belongs to the owner of the copyright to the exclusion of others. Fan Art is not illegal and will not hold a person liable as long one is in compliance of the law, and that the site owner of the fan art should have exerted ways or efforts in order to extend information to the viewers of such site that it is not an official site but rather a fan site only,created in recognition of the ingenuity of the original owner of the work and for the enjoyment of the people who share the same passion and interest that of the site owner. The original creator of the artwork itself allows this kind of Fan Art,the creation of which inures to his benefits, because the more fan art sites out there that are show casing his original work the better.


THE ADVENT OF TECHNOLOGY; A VIOLATION OF CONSTITUTIONAL RIGHTS ON FREE EXPRESSION AND PRIVACY?

Technology has really been useful to all of us, in such a way that it makes our lives much more easier, however, as time goes by, technology becomes more and more complicated, and when people started to discover its us and potential, different sorts of problems arises. We will be discussing some issues related to technology, the purpose of which is to give us a few informations to a topic that most people doesn’t want to talk about, thinking that it is our legislators duty to settle this issues among themselves, people would rather read there favorite magazines rather than to waist there time on this topic. The intention of the writer is to change that mind set, and give the readers a much wider perspective regarding the topic.

ISSUES:

(1) The act of downloading copyrighted works, shared by others who are not copyright owners of such works, is an act of copyright infringement on the part of the downloader.

(2) Whether such act of downloading is infringement or not, should laws similar to the US proposed legislation “SOPA/PIPA,” UK’s “Digital Economy Act 2010,” France’s “HAPODI law,” and New Zealand’s “three-strikes” rule be passed in the Philippines and should the Philippine government enter and ratify the “ACTA” treaty, to remedy online piracy.

(3) Will such legislation and treaty adherence, if pursued, be violative of Constitutional rights on free expression and privacy.

To answer the first issue we will be siting a provision of the law under Republic Act No. 8293 Part IV on CopyRight and Chapter I of Preliminary Provisions which read:

171.7. “Published works” means works, which, with the consent of the authors, are made available to the public by wire or wireless means in such a way that members of the public may access these works from a place and time individually chosen by them: Provided, That availability of such copies has been such, as to satisfy the reasonable requirements of the public, having regard to the nature of the work;

As worded from the above stated provision of the law, the act of downloading copyrighted works, shared by others who are not copyright owners of such works is not illegal per se, so long as CONSENT from the author are made.What is prohibited herein is the downloading of CopyRighted works of the author without his consent.

The US proposed legislation “SOPA/PIPA,” UK’s “Digital Economy Act 2010,” France’s “HAPODI law,” and New Zealand’s “three-strikes” are adopted from the issues at hand in the countries above stated, it could have some similarities onto issues here in the Philippine but could not be considered as the same as ours. Nonetheless, we can use this proposed legislation as a guide in order for us to create our own version of legislation that suits the issues of the filipino people in relation to Online Piracy and Intellectual Property Protection cases here in the Philippines. Our country needs to enter and ratify the “ACTA” treaty, to remedy online piracy and protect our interest. Technology in the new millennium is constantly evolving, laws passed by the legislature should be able to adopt to the fast pase technological trend, meaning, it’s violation, interpretation, penalties etc. should be applicable today and can still be used and applicable for a very long period of time and is made to apply not only in our country but also to other countries in violation of our law, and we can only do this if we ratify the Anti-Counterfeiting Trade Agreement (ACTA), so that standards would be set in relation to intellectual property rights enforcement that would be applicable here and overseas. The legislation if passed into a law and the treaty ratified, will not be violative of the Constitutional rights on free expression and privacy, because what is punished herein is the act itself that tends to violate the law and the treaty, other act not covered and still punished without just cause, shall be a violation of the Constitutional rights on free expression and privacy.

The introduction of this legislation and the ratification of the “ACTA” treaty will definitely attract a lot of critics, the passage of which depends on the strong will and determination of a good leader to turn a negative criticism into a positive one by showing to the people that such legislation and treaty ratification is intended to protect the right of the people and will not in any way violate once’s Constitutional rights on free expression and privacy.

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2 comments
  1. bertmanalang said:

    I beg to disagree to the proposition that “such legislation and treaty ratification is intended to protect the right of the people and will not in any way violate one’s Constitutional right on free expression and privacy.” Once ratified and incorporated into our municipal law, ACTA will make a big mockery of the Philippines as an independent, sovereign state.
    Section 2, Article 4 of ACTA, On Privacy and Disclosure of Information, is definitely in clear derogation of Philippine Sovereignty. It reads:

    “When a Party provides written information pursuant to the provisions of this Agreement, the Party receiving the information shall, subject to its law and practice ,refrain from disclosing or using the information for a purpose other than that for which the information was provided, except with the prior consent of the Party providing the information. “

    To Illustrate: In advocating the approval and implementation of ACTA, signatory States will naturally chase out individuals and entities whom they suspect to be infringing on the copyrights of its citizens, by providing the Philippines a written information on the nature or character of infringement complained of, as well as the identity of the infringer ho must necessarily be a Filipino. In the event that such information contains matter prejudicial to public interest, other the alleged infringement, ACTA requires that before the Philippines can use such information, the Philippines must first secure the consent of the party providing the information. So, if the party providing the information declines to give its consent, the Philippines cannot make use of such information in order to deter the potential or actual prejudice to public interest. In such case, ACTA would have effectively defeated the prime duty of the Government as mandated by the Philippine Constitution.

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