[Mirror] Torres, Jolly

SY 2012-2013, First Semester


SENATE BILL 2695

Senate Bill No. 2965 : An Added PROTECTION to Civil Liberties or simply just a Fiction

Introduction:

It is surprisingly funny on my part that I have to be constrained to create a blog and make publicly my opinion on this particular topic which our Professor required us to submit as part of our requirement for the subject course Technology and the Law. Quite stranger of me.

Anyway, As I go over the text of the above-mentioned topic using the Philippine Senate website, I find it imperative to thank our dear yet diligent professor for giving us the oppportunity, although mandatory, to evaluate in sufficient detail the entire import and significance of this proposed legislation now pending before the Senate.

The Law and the Scope of Protection it aims to provide:

A close reading of the bill- Senate Bill No. 2965, reveals that its core purpose to provide protection to individuals ,whether natural or juridical persons, against improper and unauthorized used , processing, altering of any information relating to them. However, it also worth stressing that the same bill , particularly Section SEC. 4. thereof which provides certain types of information excluded from the application of the said bill, is more inclined in giving undue advantage to those who are, or who have been employed in any government instrumentality or any of its branch. This apparent exclusion from the scope of its application would, in effect, operate as a convenient shield to conceal information which the general public is entitled to know. This bill, with respect to such provision is patently objectionable.

As provided, information relating to previous position , salary status, benefits and other emoluments of a government employee are not to be covered by this bill. Restricting access to information of this type would render difficulty on a simple research that one has to conduct, in absence of the information and data with respect to one’s simple employment background in the government as well as the positions he held in various government offices. This will further increase the patronage and reliance on Wikepedia as a good source of raw information in the web.

Subcontracting of the Data Processing of theData Subject:

It is quite alarming that even in the field of data processing power of the government , the government, in this proposed law, has to contract the services of a private data processing firm to implement the provisions of this law on data processing , storing, retrieving and etc.. This bill shall shall not treat data processing of information of individuals like just a simple infrastructure project a where most of the time engaging the participation of private and public partnerships proves to be beneficial and cost effective government practice in the implementation and construction of government infrastructure projects . Aside from being a bill of rights issue – right to privacy , it is foremost a issue of human rights protection against a potential abuse of the state against its subjects, using the monopoly of control and processing of data and other information relating to a person.

Conclusion:

While, it is qa generally acceded practice in the changing world community the centralized organization of
information and data collection and processing used in policy formulation among states and between states in the area of national security, ensuring food security , promoting sustainable growth development , whether national and regional, through a reliable projection of the world populace as index of the planners of each states, it equally important to emphasize that right to privacy must be of utmost protection , providing legal limits against any possible attempts from the state. A guiding consideration that every framers of various world constitutions used in defining and limiting the powers of states especially in the past.

In conclusion, this bill, especially to the Senators who have campaigned and championed for the protection of civil liberties , shall exert all efforts in coming up with a better and improved version of this bill.



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