Category Archives: Internet & Tech

Destruction of Computer Data under the Rule on Cybercrime Warrants

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Under the Rule on Cybercrime Warrants and the Cybercrime Prevention Act of 2012, service providers have the duty to preserve computer data within a general period of 6 months (see Preservation of Computer Data), upon notice by law enforcement agencies. On the other hand, law enforcement agencies have a requisite period to complete the examination of computer data. Upon the expiration of these periods, the service providers and law enforcement authorities, as the case may be, shall immediately and completely destroy the computer data subject of preservation and examination. 

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Preservation of Computer Data under the Rule on Cybercrime Warrants

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The integrity of traffic data and subscriber’s information shall be kept, retained, and preserved by a service provider for a minimum period of six (6) months from the date of the transaction. On the other hand, content data shall be preserved for six (6) months from the date of receipt of the order from law enforcement authorities requiring its preservation. These are provided in Section 13 of Republic Act No. 10175, also known as the Cybercrime Prevention Act of 2012.

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Disclosure of Computer Data, Warrant to Disclose Computer Data (WDCD), under the Rule on Cybercrime Warrants

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As previously noted in the Preservation of Computer Data, the obligation to preserve traffic data, subscriber’s information, and content data does not equate to an obligation to disclose the data. A warrant must be secured to authorize the disclosure of the computer data. This is called a Warrant to Disclose Computer Data (WDCD). This is provided under the Rule on Cybercrime Warrants issued by the Supreme Court pursuant to the Cybercrime Prevention Act of 2012 (Republic Act No. 10175).

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Search, Seizure and Examination of Computer Data (WSSECD) in Cybercrime Warrants

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A Warrant to Search, Seize and Examine Computer Data (WSSECD) is an order in writing issued in the name of the People of the Philippines, signed by a judge, upon application of law enforcement authorities, authorizing the latter to search the particular place for items to be seized and/or examined. This is provided under the Rule on Cybercrime Warrants issued by the Supreme Court pursuant to the Cybercrime Prevention Act of 2012 (Republic Act No. 10175).

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Preliminary Matters (Rule I): Data Privacy Act

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[Table of Contents] [Glossary]

Implementing Rules and Regulations of Republic Act No. 10173, known as the “Data Privacy Act of 2012” 

Pursuant to the mandate of the National Privacy Commission to administer and implement the provisions of the Data Privacy Act of 2012, and to monitor and ensure compliance of the country with international standards set for data protection, the following rules and regulations are hereby promulgated to effectively implement the provisions of the Act: 

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