[Mirror] Suanino, Magnolia

SY 2012-2013, First Semester

Appraisal of Senate Bill No.2965

“Data Privacy Act of 2011
An Act Protecting Individual Personal Information in Information and Communications System in the Government and the Private Sector , creatibg for this purpose a National Data ProtectionCommission and for other purposes.

With the advent of technology and the vital role of information and pcommunicationtechnology in nation building, the government has to keep up with the everchanging needs of its constituent

The new bill is designed to empower the citizen to protect their right and to improve the transparency of both public and private bodies. Data protection and freedom of information are complimentary rights.

The Philippines is a democratic society, and democracy functions best when people are well informed and are free to participate innpublic issues and have access to the wildest choice of information and solutions to problems and issues that affect them. This is enshrined in Sec. 7 Bill of Rights of our Constitution : Right to Information…

But for every right carries with it a corresponding obligation. Freedom is not Freedom from responsibility but Freedom with Responsibility.

It further reinforces our right to privacy. Sec. 15 of the proposed bill provides for the right of the data subject/individual to be informed whether an individual’s data is being processed, to have access and to correct it. It also gives right to subject data to suspend, block, remove or destruct if information is incomplete, outdated, false. In addition, the proposed law also gives a right to be indemnified for any damages sustained due to such inaccuracies, outdated, false, unlawfully obtained or unauthorized use of personal information. Penalties imposed are also stiff and would in a way make one think twice before committing such offense.

The bill also setsforth limitations/exemptions. The positive effect of which is that personal privacy may not be used as justification to prosecute journalist who have published info of public interest regarding corruptions of public officials. It provided exemption to media, academe, artistic,and journalistic activities.

I really go for the passage of this bill for I have experienced having had a bad credit standing record and was embarassed in a bank only to know that its about a charge from my credit card which i have contested and was not a legitimate transaction. Just so happen that the manager was a friend of mine so she advised me write them a letter to rectify their records immediately.

This law will provide protection of individual’s right and ensure data controller’s obligation/responsibility that will send positive note to the international community and will strengthen our BPO industry.

Legality of fun page

The advent of technology allows us to do a lot of things with ease and facility. It also encourage our creativity which sometimes we overlooked its impact.Laws were passed to keep up and regulate the use and impact on these rights and obligations affected.

This involves the right of authors of original works vis a vis the rights of authors of derivative works.

Philippine copyrith laws clearly state that a copyright protection exists in original works(sec 172 of RA 8293) and they are protected by the sole factof their creation,irrespective of their mode or form of wxpression, as well as their content, quality and purpose. Alteration of literary or artistic works known as derivative works shall also be protected provided such new workshall not affect the force of any subsisting copyright upon the original works employed or any part thereof (sec 173 and 173.2 of Ra8293.

The question lies on how far can this work go as not to constitute infringement. A valid defense is “Fair Use” of the subject. Itpermits others to usecopyrighted materials without consent in a reasonable manner forcertain purposes. And this can be answered by sec185 of ra 8293 which provides the guidelines/factors for fair use as follows:

  1. The purpose and character of the use: for criticism, commercial or non profit educational purposes
  2. The nature ofcopyrighted work
  3. Theamount and substantiality ofthe work used.
  4. Effect of the use on the potential market for orvalueof the copyrighted work.

US case laws “Defendants may copy the ideapresented by the photos but may notsimply make copies of the photographs” Time, Inc v Barnard Geis Assoc. An artist may avoid infringement by intentionally making sufficient changes so that the works at issue undercut substantial similarity.(Warner Bros v ABC

In infringement of a copyright, a plaintiff must show ownership of a copyright, and defendant copied the protected work without authorization. A substantial similarity between the work and the protected expression must be shown. Such similarity dows not require literally identical copying of every detail. It is determined by the ordinary test: whether an average lay observer would recognize the alleged copy as having been appropriated from the copyrighted work. (Ideal Toy Corp v Fab-lu Ltd.)

Thus, in summary a lot of things are available to us to enhance and boost our creativity. Let us be careful in using them by checking if there is an existing copyright and should there be , it is always proper to secure a written permission from the author for its exploitation unless the work will fall under “fair use”.

Downloading, is it legal or illegal?

Wikipedia describes downloading in computer network means to receive data to a local system from a remote system, or to initiate such a data transfer.

Downloading is the transmission of a file from one computer system to another, usually smaller computer system. From the Internet user’s point-of-view, to download a file is to request it from another computer (or from a Web page on another computer) and to receive it. Thus when you send an attached file with an e-mail note, this is just an attachment, not a download or an upload.

Is it legal or illegal? When do we know that we violate the law and commit infringement?

It depends on the source and kind of data we download. When we download the data from the copyright owner or its authorized agent, with its consent, the act is legal. If the download is without consent or from other sources it is illegal. This is because the Philippines laws recognizes the exclusive right of the copyright owner to carry out , authorize, and prevent among others distribution and display of his work. Thus, even if we validly acquire a copyright material we have no right to redistribute the same.

Though there are instances wherein downloading from other sources may be legal. This happens when the copyright owner previously allowed redisribution of his work by other persons an example of these are free wares and open source softwares.

Infringement is prevalent despite the knowledge of its illegal distribution because intellectual property is territorial in nature. Generally protection and enforcement is limited witih the territorial jurisdiction of the state wherein the materials are registered and the rights intellectual property holder recognized. There are exceptions to this rule, even if a material or data is not registered within a country, it still may be protected and the rights of the intellectual property holder be recognized, if the country is a a signatory of a treaty or convention wherein the country the holder registered its materials or data.

The problem exists when the infringing person or domain or server is residing in a country not belonging to the same state where the material is registered, nor any other country wherein the recognizing country has existing treaty or convention. The holder or the intellectual property and the State has no means or power to prevent the unlawful acts of the person, domain or servers that promotes, abet or facilitate the acts of infringement.

In response to this, the United States has now two bills underway that addresses this problem and to further strengthen its fight against intellectual property violations or infringement. These are the Stop on Piracy Act and Protect IP Act. In addition to these is the ACTA Treaty. These will strengthen the implementation of intellectual property laws and deter infringement.

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