Tag Archives: search warrant

Illegal Interception of Computer Data, Warrant to Intercept (WICD): Rule on Cybercrime Warrants

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Illegal interception of computer data is defined and penalized under the Cybercrime Prevention Act of 2012. The crime of “illegal interception” is the “interception made by technical means without right of any non-public transmission of computer data to, from, or within a computer system including electromagnetic emissions from a computer system carrying such computer data.” As far as the unauthorized intrusion into the computer system, this is akin to the Anti-Wiretapping Law and the Anti-Photo and Video Voyeurism Act of 2009, both of which are discussed below for easy reference.

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Valid Warrantless Searches in the Philippines

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People have the constitutional right “to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized” (Constitution, Article III, Section 2). There are, however, exceptions to the requirement of a search warrant. The following are instances of valid warrantless searches:

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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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