{"id":6188,"date":"2019-05-09T22:19:00","date_gmt":"2019-05-09T14:19:00","guid":{"rendered":"https:\/\/pnl-law.com\/blog\/?p=6188"},"modified":"2020-06-14T16:37:55","modified_gmt":"2020-06-14T08:37:55","slug":"glossary-data-privacy-internet-technology-and-cybercrimes","status":"publish","type":"post","link":"https:\/\/pnl-law.com\/blog\/glossary-data-privacy-internet-technology-and-cybercrimes\/","title":{"rendered":"Glossary: Data Privacy, Internet, Technology and Cybercrimes"},"content":{"rendered":"\n

[Definitions or characterizations provided in Republic Act No. 10173 (Data Privacy Act of 2012<\/a>) and Republic Act No. 10175 (Cybercrime Prevention Act of 2012<\/a>), Republic Act No. 8792 (Electronic Commerce of 2000), as well as the respective Implementing Rules and Regulations of these laws, including the Rule on Cybercrime Warrants<\/a>.]<\/p>\n\n\n\n\n\n\n\n

A<\/strong><\/td>B<\/strong><\/td><\/tr>
* Access<\/a>
* Addressee<\/a>
* Aiding or abetting in the commission of cybercrime<\/a>
* Alteration<\/a>
* Anti-Wiretapping Law<\/a>
* Asymmetric or public cryptosystem<\/a>
* Attempt in the commission of cybercrime<\/a><\/td>		* Bit streaming<\/a>
* Broadcast<\/a>
* Business records<\/a><\/td><\/tr>
C<\/strong><\/td>D<\/strong><\/td><\/tr>
* Capture<\/a>
* Certificate<\/a>
* Child Pornography <\/a>
* Collection<\/a>
* Communication<\/a>
* Computer<\/a>
* Computer data<\/a>
* Computer program<\/a>
* Computer-related forgery<\/a>
* Computer-related fraud<\/a>
* Computer-related identity theft<\/a>
* Computer system<\/a>
* Consent of the data subject<\/a>
* Content data<\/a>
* Critical infrastructure<\/a>
* Cyber<\/a>
* Cybercrimes<\/a>
* Cybercrime court<\/a>
* Cybercrime offenses<\/a>
* Cybersecurity<\/a>            
* Cybersex<\/a>
* Cyber libel<\/a>
* Cyber squatting<\/a><\/td>		* Database<\/a>
* Data interference<\/a>
* Data processing systems<\/a>
* Data sharing<\/a>
* Data subject<\/a>
* Digital evidence<\/a>
* Digital signature<\/a>
* Digitally signed<\/a>
* Direct marketing<\/a><\/td><\/tr>
E<\/strong><\/td>F<\/strong><\/td><\/tr>
* Electronic data message<\/a>
* Electronic document<\/a>
* Electronic evidence <\/a>
* Electronic key<\/a>
* Electronic signature<\/a>
* Ephemeral electronic communication<\/a>
* Ethical hackers<\/a><\/td>		*Female breast<\/a>
* Filing system<\/a>
* Forensics<\/a>
* Forensic copy<\/a>
* Forensic image<\/a><\/td><\/tr>
H<\/strong><\/td>I<\/strong><\/td><\/tr>
 * Hash value<\/a><\/td>* Identifying information<\/a>
* Illegal access<\/a>
* Illegal interception<\/a>
* Information and communications system<\/a>
* Information and communication technology system <\/a>
* Interception<\/a>
* Intermediary<\/a>
* Internet content host <\/a>
* Internet libel<\/a>
* Item<\/a><\/td><\/tr>
K<\/strong><\/td>L<\/strong><\/td><\/tr>
 * Key pair<\/a><\/td>* Libel<\/a><\/td><\/tr>
M<\/strong><\/td>N<\/strong><\/td><\/tr>
* Misuse of devices<\/a><\/td>* National cybersecurity plan<\/a>
* Non-content data<\/a><\/td><\/tr>
O<\/strong><\/td>P<\/strong><\/td><\/tr>
* Offense<\/a>
* Off-site search<\/a>
* On-site search<\/a>
* Online libel<\/a>
* Original author <\/a>
* Originator<\/a><\/td>		* Personal data<\/a>
* Personal data breach<\/a>
* Personal information<\/a>
* Personal information controller<\/a>
* Personal information processor<\/a>
* Photo or video voyeurism<\/a>
* Preservation<\/a>
* Private area of a person<\/a>
* Private key<\/a>
* Privileged information<\/a>
* Processing<\/a>
* Profiling<\/a>
* Public authority<\/a>
* Public key<\/a><\/td><\/tr>
S<\/strong><\/td>T<\/strong><\/td><\/tr>
* Security incident<\/a>
* Sensitive personal information<\/a>
* Service provider <\/a>
* Subscriber\u2019s information <\/a>
* System interference<\/a><\/td>		* Traffic data<\/a> <\/td><\/tr>
U<\/strong><\/td>V<\/strong><\/td><\/tr>
* Under circumstances in which a person has a reasonable expectation of privacy<\/a>
* Unsolicited commercial communications<\/a><\/td>		* Video voyeurism<\/a><\/td><\/tr>
W<\/strong><\/td><\/td><\/tr>
* Warrant to Disclose Computer Data<\/a>
* Warrant to Examine Computer Data<\/a> 
* Warrant to Intercept Computer Data<\/a> 
* Warrant to Search, Seize and Examine Computer Data<\/a>
* Wiretapping<\/a>
* Without Right<\/a><\/td>		<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

Access<\/h2>\n\n\n\n

The instruction, communication<\/a> with, storing data in, retrieving data from, or otherwise making use of any resources of a computer system<\/a> or communication network. [RA 10175 IRR<\/a>, Sec. 3]<\/p>\n\n\n\n

Addressee<\/h2>\n\n\n\n

A person who is intended by the originator to receive the electronic data message or electronic document. The term does not include a person acting as an intermediary with respect to that electronic data message or electronic document. [RA 8792<\/a>, Sec. 5]<\/p>\n\n\n\n

Aiding or abetting in the commission of cybercrime<\/h2>\n\n\n\n

Any person who willfully abets or aids in the commission of any of the offenses<\/a> enumerated in RA 10175<\/a> is liable. [RA 10175<\/a>, Sec. 5(a)]<\/p>\n\n\n\n

Alteration<\/h2>\n\n\n\n

The modification or change, in form or substance, of an existing computer data<\/a> or program<\/a>. [RA 10175 IRR<\/a>, Sec. 3]<\/p>\n\n\n\n

Anti-Wiretapping Law<\/h2>\n\n\n\n

Republic Act No. 4200<\/a>, which declares it unlawful for any person to tap any wire or cable, or by using any other device or arrangement, to secretly overhear, intercept, or record such communication or spoken word by using a device commonly known as a dictaphone or dictagraph or dictaphone or walkie-talkie or tape recorder, or however otherwise described. [See discussion Interception of Computer Data<\/a>]<\/p>\n\n\n\n

Asymmetric or public cryptosystem<\/h2>\n\n\n\n

A system capable of generating a secure key pair, consisting of a private key<\/a> for creating a digital signature, and a public key for verifying the digital signature. [Rules on Electronic Evidence, A.M. NO. 01-7-01-SC]<\/p>\n\n\n\n

Attempt in the commission of cybercrime<\/h2>\n\n\n\n

Any person who willfully attempts to commit any of the offenses<\/a> enumerated in RA 10175 is liable. [RA 10175<\/a>, Sec. 5(b)]<\/p>\n\n\n\n

Bit streaming <\/h2>\n\n\n\n

Making a clone copy of a computer drive. It copies virtually everything included in the drive, including sectors and clusters, which makes it possible to retrieve files that were deleted from the drive. Bit stream images are usually used when conducting digital forensic<\/a> investigations in a bid to avoid tampering with digital evidence such that it is not lost or corrupted. [Referenced in Sec. 4.3(6), Rule on Cybercrime Warrants<\/a>]<\/p>\n\n\n\n

Broadcast<\/h2>\n\n\n\n

To make public, by any means, a visual image with the intent that it be viewed by a person or persons. [Anti-Photo and Video Voyeurism Act of 2009 (Republic Act No. 9995<\/a>); See Primer<\/a>; Warrant to Incept Computer Data<\/a>]<\/p>\n\n\n\n

Business records<\/h2>\n\n\n\n

Include records of any business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit, or for legitimate purposes. [Rules on Electronic Evidence]<\/p>\n\n\n\n

Capture<\/h2>\n\n\n\n

With respect to an image, means to videotape, photograph, film, record by any means, or broadcast. [Anti-Photo and Video Voyeurism Act of 2009 (Republic Act No. 9995<\/a>); See Primer<\/a>; Warrant to Incept Computer Data<\/a>]<\/p>\n\n\n\n

Certificate<\/h2>\n\n\n\n

An electronic document issued to support a digital signature<\/a> which purports to confirm the identity or other significant characteristics of the person who holds a particular key pair<\/a>. [Rules on Electronic Evidence, A.M. NO. 01-7-01-SC] <\/p>\n\n\n\n

Child Pornography <\/h2>\n\n\n\n

The unlawful or prohibited acts defined and punishable by Republic Act No. 9775 or the \u201cAnti-Child Pornography Act of 2009\u201d, committed through a computer system<\/a>, provided that the penalty to be imposed shall be one (1) degree higher than that provided for in Republic Act No. 9775. [RA 10175 IRR<\/a>, Sec. 3; See Cybercrimes under RA 10175<\/a>; Cybercrimes<\/a>]<\/p>\n\n\n\n

Collection <\/h2>\n\n\n\n

Gathering and receiving information. [RA 10175 IRR, Sec. 3]<\/p>\n\n\n\n

Communication <\/h2>\n\n\n\n

The transmission of information through information and communication technology (ICT) media, including voice, video and other forms of data. [RA 10175 IRR<\/a>, Sec. 3]<\/p>\n\n\n\n

Computer<\/h2>\n\n\n\n

An electronic, magnetic, optical, electrochemical, or other data processing or communications device, or grouping of such devices, capable of performing logical, arithmetic, routing or storage functions, and which includes any storage facility or equipment or communications facility or equipment directly related to or operating in conjunction with such device. It covers any type of computer device, including devices with data processing capabilities like mobile phones, smart phones, computer networks and other devices connected to the internet. [RA 10175 IRR<\/a>, Sec. 3]<\/p>\n\n\n\n

Any single or interconnected device or apparatus, which, by electronic, electro-mechanical or magnetic impulse, or by other means with the same function, can receive, record, transmit, store, process, correlate, analyze, project, retrieve and\/or produce information, data, text, graphics, figures, voice, video, symbols or other modes of expression or perform any one or more of these functions. [Rules on Electronic Evidence]<\/p>\n\n\n\n

Computer data<\/h2>\n\n\n\n

Any representation of facts, information, or concepts in a form suitable for processing in a computer system<\/a>, including a program suitable to cause a computer system to perform a function, and includes electronic documents and\/or electronic data messages whether stored in local computer systems or online. [RA 10175 IRR<\/a>, Sec. 3]<\/p>\n\n\n\n

Computer program<\/h2>\n\n\n\n

A set of instructions executed by the computer to achieve intended results. [RA 10175 IRR<\/a>, Sec. 3]<\/p>\n\n\n\n

Computer-related forgery<\/h2>\n\n\n\n

The (a) input, alteration, or deletion of any computer data without right resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless whether or not the data is directly readable and intelligible; or (b) Act of knowingly using computer data which is the product of computer-related forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest design. [RA 10175<\/a>, Sec. 4(b); See Cybercrimes under RA 10175<\/a>; Cybercrimes<\/a>]<\/p>\n\n\n\n

Computer-related fraud<\/h2>\n\n\n\n

The unauthorized input, alteration, or deletion of computer data or program or interference in the functioning of a computer system, causing damage thereby with fraudulent intent. [RA 10175<\/a>, Sec. 4(b); See Cybercrimes under RA 10175<\/a>; Cybercrimes<\/a>]<\/p>\n\n\n\n

Computer-related identity theft<\/h2>\n\n\n\n

The intentional acquisition, use, misuse, transfer, possession, alteration or deletion of identifying information<\/a> belonging to another, whether natural or juridical, without right<\/a>. [RA 10175,<\/a> Sec. 4(b); See Cybercrimes under RA 10175<\/a>; Cybercrimes<\/a>]<\/p>\n\n\n\n

Computer system<\/h2>\n\n\n\n

Any device or group of interconnected or related devices, one or more of which, pursuant to a program, performs automated processing of data. It covers any type of device with data processing capabilities, including, but not limited to, computers and mobile phones. The device consisting of hardware and software may include input, output and storage components, which may stand alone or be connected to a network or other similar devices. It also includes computer data storage devices or media. [RA 10175 IRR<\/a>, Sec. 3]<\/p>\n\n\n\n

Consent of the data subject<\/h2>\n\n\n\n

Any freely given, specific, informed indication of will, whereby the data subject<\/a> agrees to the collection and processing of his or her personal, sensitive persona<\/a>l, or privileged information<\/a>. Consent shall be evidenced by written, electronic or recorded means. It may also be given on behalf of a data subject by a lawful representative or an agent specifically authorized by the data subject to do so. [RA 10173<\/a>, Sec. 3]<\/p>\n\n\n\n

Content data<\/h2>\n\n\n\n

The communication content of the communication<\/a>, the meaning or purport of the communication, or the message or information being conveyed by the communication, other than traffic data<\/a>. [RA 10175 IRR<\/a>, Sec. 3]<\/p>\n\n\n\n

Critical infrastructure<\/h2>\n\n\n\n

The computer systems<\/a>, and\/or networks, whether physical or virtual, and\/or the computer programs<\/a>, computer data<\/a> and\/or traffic data<\/a> that are so vital to this country that the incapacity or destruction of or interference with such system and assets would have a debilitating impact on security, national or economic security, national public health and safety, or any combination of those matters. [RA 10175 IRR<\/a>, Sec. 3]<\/p>\n\n\n\n

Cyber<\/h2>\n\n\n\n

A computer<\/a> or a computer network, the electronic medium in which online communication takes place. [RA 10175 IRR<\/a>, Sec. 3]<\/p>\n\n\n\n

Cybercrimes<\/h2>\n\n\n\n

Cybercrimes are offenses defined and penalized under the Cybercrime Prevention Act of 2012<\/a> (RA 10175<\/a>), or offenses defined and penalized in other laws but using information and communications technology<\/a>. [See Cybercrimes in the Philippines<\/a>]<\/p>\n\n\n\n

Cybercrime court<\/h2>\n\n\n\n

Any of the Regional Trial Courts which are designated as special cybercrime courts under A.M. No. 03-03-03-SC (15 November 2016). [See Rule on Cybercrime Warrants<\/a>]<\/p>\n\n\n\n

Cybercrime offenses<\/h2>\n\n\n\n

See Cybercrimes<\/a>.<\/p>\n\n\n\n

Cybersecurity<\/h2>\n\n\n\n

The collection of tools, policies, risk management approaches, actions, training, best practices, assurance and technologies that can be used to protect the cyber environment, and organization and user\u2019s assets. [RA 10175 IRR<\/a>, Sec. 3]<\/p>\n\n\n\n

Cybersex<\/h2>\n\n\n\n

The willful engagement, maintenance, control or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration. [RA 10175 IRR<\/a>, Sec. 3] See Cybercrimes under RA 10175<\/a>; Cybercrimes<\/a>]<\/p>\n\n\n\n

Cyber libel<\/h2>\n\n\n\n

See Online libel<\/a>.<\/p>\n\n\n\n

Cyber-squatting<\/h2>\n\n\n\n

The acquisition of a domain name over the internet in bad faith to profit, mislead, destroy reputation, and deprive others from registering the same, if such a domain name is: (i) Similar, identical, or confusingly similar to an existing trademark registered with the appropriate government agency at the time of the domain name registration; (ii) Identical or in any way similar with the name of a person other than the registrant, in case of a personal name; and (iii) Acquired without right or with intellectual property interests in it. [RA 10175, Sec. 4(a); See Cybercrimes under RA 10175<\/a>; Cybercrimes<\/a>]<\/p>\n\n\n\n

Database <\/h2>\n\n\n\n

A representation of information, knowledge, facts, concepts or instructions which are being prepared, processed or stored, or have been prepared, processed or stored in a formalized manner, and which are intended for use in a computer system. [RA 10175 IRR<\/a>, Sec. 3]<\/p>\n\n\n\n

Data interference<\/h2>\n\n\n\n

The intentional or reckless alteration, damaging, deletion or deterioration of computer data, electronic document or electronic data message, without right, including the introduction or transmission of viruses. [RA 10175, Sec. 4(a); See Cybercrimes under RA 10175<\/a>; Cybercrimes<\/a>]<\/p>\n\n\n\n

Data processing systems<\/h2>\n\n\n\n

The structure and procedure by which personal data is collected and further processed in an information and communications system or relevant filing system, including the purpose and intended output of the processing. [RA 10173<\/a>, Sec. 3]<\/p>\n\n\n\n

Data sharing<\/h2>\n\n\n\n

The disclosure or transfer to a third party of personal data under the custody of a personal information controller or personal information processor. In the case of the latter, such disclosure or transfer must have been upon the instructions of the personal information controller concerned. The term excludes outsourcing, or the disclosure or transfer of personal data by a personal information controller to a personal information processor. [RA 10173<\/a>, Sec. 3]<\/p>\n\n\n\n

Data subject<\/h2>\n\n\n\n

An individual whose personal, sensitive personal, or privileged information is processed. [RA 10173<\/a>, Sec. 3]<\/p>\n\n\n\n

Digital evidence<\/h2>\n\n\n\n

Digital information that may be used as evidence in a case. The gathering of the digital information may be carried out by confiscation of the storage media (data carrier), the tapping or monitoring of network traffic, or the making of digital copies (e.g., forensic images, file copies, etc.), of the data held. [RA 10175 IRR<\/a>, Sec. 3]<\/p>\n\n\n\n

Digital signature<\/h2>\n\n\n\n

An electronic signature consisting of a transformation of an electronic document or an electronic data message using an asymmetric or public cryptosystem such that a person having the initial untransformed electronic document and the signer\u2019s public key can accurately determine:  (i) whether the transformation was created using the private key that corresponds to the signer\u2019s public key; and  (ii) whether the initial electronic document had been altered after the transformation was made. [Rules on Electronic Evidence, A.M. NO. 01-7-01-SC]<\/p>\n\n\n\n

Digitally signed<\/h2>\n\n\n\n

An electronic document<\/a> or electronic data message<\/a> bearing a digital signature<\/a> verified by the public key<\/a> listed in a certificate. [Rules on Electronic Evidence, A.M. NO. 01-7-01-SC]<\/p>\n\n\n\n

Direct marketing<\/h2>\n\n\n\n

Communication by whatever means of any advertising or marketing material which is directed to particular individuals. [RA 10173<\/a>, Sec. 3]<\/p>\n\n\n\n

Electronic Data message<\/h2>\n\n\n\n

Information generated, sent, received or stored by electronic, optical or similar means. [RA 8792<\/a>, Sec. 5]<\/p>\n\n\n\n

Electronic evidence <\/h2>\n\n\n\n

Evidence, the use of which is sanctioned by existing rules of evidence, in ascertaining in a judicial proceeding, the truth respecting a matter of fact, which evidence is received, recorded, transmitted, stored, processed, retrieved or produced electronically. [RA 10175 IRR<\/a>, Sec. 3]<\/p>\n\n\n\n

Electronic document<\/h2>\n\n\n\n

Information or the representation of information, data, figures, symbols or other modes of written expression, described or however represented, by which a right is established or an obligation extinguished, or by which a fact may be proved and affirmed, which is received, recorded, transmitted, stored, processed, retrieved or produced electronically. [RA 8792<\/a>, Sec. 5]<\/p>\n\n\n\n

Electronic key<\/h2>\n\n\n\n

A secret code which secures and defends sensitive information that crosses over public channels into a form decipherable only with a matching electronic key. [RA 8792<\/a>, Sec. 5]<\/p>\n\n\n\n

Electronic signature<\/h2>\n\n\n\n

Information or the representation of information, data, figures, symbols or other modes of written expression, described or however represented, by which a right is established or an obligation extinguished, or by which a fact may be proved and affirmed, which is received, recorded, transmitted, stored processed, retrieved or produced electronically. It includes digitally signed documents and any print-out or output, readable by sight or other means, which accurately reflects the electronic data message or electronic document. Used interchangeably with Electronic data message. [Rules on Electronic Evidence]<\/p>\n\n\n\n

Ephemeral electronic communication<\/h2>\n\n\n\n

Telephone conversations, text messages, chatroom sessions, streaming audio, streaming video, and other electronic forms of communication the evidence of which is not recorded or retained. [Rules on Electronic Evidence] <\/p>\n\n\n\n

Ethical hackers<\/h2>\n\n\n\n

Professionals who employ tools and techniques used by criminal hackers but would neither damage the target systems nor steal information. Ethical hackers evaluate the target system\u2019s security and report back to the owners the vulnerabilities they found in it and give instructions for how these can be remedied. [Disini vs. Secretary of Justice, G.R. No. 203335, 11 February 2014]<\/p>\n\n\n\n

Female breast<\/h2>\n\n\n\n

Any portion of the female breast. [Anti-Photo and Video Voyeurism Act of 2009 (Republic Act No. 9995<\/a>); See Primer<\/a>; Warrant to Incept Computer Data<\/a>]<\/p>\n\n\n\n

Filing system<\/h2>\n\n\n\n

Any set of information relating to natural or juridical persons to the extent that, although the information is not processed by equipment operating automatically in response to instructions given for that purpose, the set is structured, either by reference to individuals or by reference to criteria relating to individuals, in such a way that specific information relating to a particular individual is readily accessible. [RA 10173<\/a>, Sec. 3]<\/p>\n\n\n\n

Forensics<\/h2>\n\n\n\n

The application of investigative and analytical techniques that conform to evidentiary standards, and are used in, or appropriate for, a court of law or other legal context. [RA 10175 IRR<\/a>, Sec. 3]<\/p>\n\n\n\n

Forensic copy<\/h2>\n\n\n\n

See Forensic image<\/a>.<\/p>\n\n\n\n

Forensic image<\/h2>\n\n\n\n

Forensic image, also known as a forensic copy, refers to an exact bit-by-bit copy of a data carrier, including slack, unallocated space and unused space. There are forensic tools available for making these images. Most tools produce information, like a hash value, to ensure the integrity of the image. [RA 10175 IRR<\/a>, Sec. 3]<\/p>\n\n\n\n

Hash value<\/h2>\n\n\n\n

The mathematical algorithm produced against digital information (a file, a physical disk or a logical disk) thereby creating a \u201cdigital fingerprint\u201d or \u201cdigital DNA\u201d for that information. It is a one-way algorithm and thus it is not possible to change digital evidence without changing the corresponding hash values. [RA 10175 IRR<\/a>, Sec. 3]<\/p>\n\n\n\n

Identifying information<\/h2>\n\n\n\n

Any name or number that may be used alone or in conjunction with any other information to identify any specific individual, including any of the following: (1) Name, date of birth, driver\u2019s license number, passport number or tax identification number; (2) Unique biometric data, such as fingerprint or other unique physical representation; (3) Unique electronic identification number, address or routing code; and (4) Telecommunication identifying information or access device. [RA 10175 IRR<\/a>, Sec. 3]<\/p>\n\n\n\n

Illegal access<\/h2>\n\n\n\n

The access to the whole or any part of a computer system<\/a> without right<\/a>. [RA 10175, Sec. 4(a); See Cybercrimes under RA 10175<\/a>; Cybercrimes<\/a>]<\/p>\n\n\n\n

Illegal interception<\/h2>\n\n\n\n

The interception made by technical means and 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. [RA 10175, Sec. 4 (a); See Cybercrimes under RA 10175<\/a>; Cybercrimes<\/a>]<\/p>\n\n\n\n

Information and communications system<\/h2>\n\n\n\n

A system for generating, sending, receiving, storing, or otherwise processing electronic data messages or electronic documents, and includes the computer system or other similar device by which data is recorded, transmitted, or stored, and any procedure related to the recording, transmission, or storage of electronic data, electronic message, or electronic document. [RA 10173<\/a>, Sec. 3] Same as Information and communication technology system.<\/p>\n\n\n\n

Information and communication technology system<\/h2>\n\n\n\n

System intended for, and capable of, generating, sending, receiving, storing or otherwise processing electronic data messages or electronic documents, and includes the computer system or other similar device by or in which data is recorded or stored, and any procedures related to the recording or storage of electronic data message or electronic document. [RA 10175 IRR<\/a>, Sec. 3] Same as Information and communication system<\/a>.<\/p>\n\n\n\n

Interception<\/h2>\n\n\n\n

Listening to, recording, monitoring or surveillance of the content of communications, including procurement of the content of data, either directly through access and use of a computer system<\/a>, or indirectly through the use of electronic eavesdropping or tapping devices, at the same time that the communication is occurring. [RA 10175 IRR<\/a>, Sec. 3]<\/p>\n\n\n\n

Intermediary<\/h2>\n\n\n\n

A person who in behalf of another person and with respect to a particular electronic document<\/a> sends, receives and\/or stores or provides other services in respect to that electronic document. [RA 8792<\/a>, Sec. 5]<\/p>\n\n\n\n

Internet content host<\/h2>\n\n\n\n

A person who hosts or who proposes to host internet content in the Philippines. [RA 10175 IRR<\/a>, Sec. 3]<\/p>\n\n\n\n

Internet libel<\/h2>\n\n\n\n

See Online libel<\/a>.<\/p>\n\n\n\n

Item<\/h2>\n\n\n\n

A general term used to refer to objects of the warrant application and\/or the warrant itself, such as the subject computer data<\/a>, the related computer device\/s, and\/or other parts of the computer system<\/a>. [Rule on Cybercrime Warrants<\/a>, Sec. 1.4 (l)]<\/p>\n\n\n\n

Key pair<\/h2>\n\n\n\n

An asymmetric cryptosystem<\/a> refers to the private key<\/a> and its mathematically related public key<\/a> such that the latter can verify the digital signature that the former creates. [See Rules on Electronic Evidence]<\/p>\n\n\n\n

Libel<\/h2>\n\n\n\n

See Online libel<\/a>.<\/p>\n\n\n\n

Misuse of devices<\/h2>\n\n\n\n

The (A) use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of: (i) A device, including a computer program, designed or adapted primarily for the purpose of committing any of the offenses under RA 10175; or (ii) A computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent that it be used for the purpose of committing any of the offenses under RA 10175; OR (B) Possession of an item referred to in (A) with intent to use said devices for the purpose of committing any of the offenses under this section. [RA 10175, Sec. 4(a); See Cybercrimes under RA 10175<\/a>; Cybercrimes<\/a>]<\/p>\n\n\n\n

National Cybersecurity Plan<\/h2>\n\n\n\n

A comprehensive plan of actions designed to improve the security and enhance cyber resilience of infrastructures and services. It is a top-down approach to cybersecurity that contains broad policy statements and establishes a set of national objectives and priorities that should be achieved within a specific timeframe. [RA 10175 IRR<\/a>, Sec. 3]<\/p>\n\n\n\n

Non-content data<\/h2>\n\n\n\n

See Traffic data<\/a>.<\/p>\n\n\n\n

Offense<\/h2>\n\n\n\n

A general term used to refer to either a violation of Section 4 (Cybercrime Offenses), Section 5 (Other Offenses), or Section 6 (all crimes defined and penalized by the Revised Penal Code, as amended, and other special laws, if committed by, through, and with the use of ICT), Chapter II of Republic Act 10175<\/a>. [Rule on Cybercrime Warrants<\/a>, Sec. 1.4 (m)]<\/p>\n\n\n\n

Off-site search<\/h2>\n\n\n\n

The process whereby law enforcement authorities, by virtue of a warrant to search, seize, and examine, are allowed to bring the computer device\/s and\/or parts of the computer system<\/a> outside the place to be searched in order to conduct the forensic<\/a> examination of the computer data<\/a> subject of the warrant. [Rule on Cybercrime Warrants<\/a>, Sec. 1.4 (n)]<\/p>\n\n\n\n

On-site search<\/h2>\n\n\n\n

The process whereby law enforcement authorities, by virtue of a warrant to search, seize, and examine, obtains the computer data<\/a> subject thereof for forensic examination, without the need of bringing the related computer device\/sand\/or parts of the computer system<\/a> outside the place to be searched. [Rule on Cybercrime Warrants<\/a>, Sec. 1.4 (o)]<\/p>\n\n\n\n

Online libel<\/h2>\n\n\n\n

Referred to as “libel” in RA 10175, it is the unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future. [RA 10175, Sec. 4(c); “Online libel” is not used in RA 10175, but the term is used in the IRR of RA 10175 and by the Supreme Court in Disini vs. Secretary of Justice<\/em>, G.R. No. 203335, 11 February 2014; It is the proper term, and not “internet libel” or “cyber libel”; See Discussion on Online Libel<\/a>,\u00a0Cybercrimes under RA 10175<\/a>;\u00a0Cybercrimes<\/a>]<\/p>\n\n\n\n

Original author <\/h2>\n\n\n\n

The person who created or is the origin of the assailed electronic statement<\/a> or post using a computer system<\/a>. [RA 10175 IRR<\/a>, Sec. 3]<\/p>\n\n\n\n

Originator<\/h2>\n\n\n\n

A person by whom, or on whose behalf, the electronic <\/a>document purports to have been created, generated and\/or sent. The term does not include a person acting as an intermediary with respect to that electronic document. [RA 8792<\/a>, Sec. 5]<\/p>\n\n\n\n

Personal data<\/h2>\n\n\n\n

All types of personal information<\/a>. [RA 10173<\/a>, Sec. 3]<\/p>\n\n\n\n

Personal data breach<\/h2>\n\n\n\n

A breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise processed. [RA 10173<\/a>, Sec. 3]<\/p>\n\n\n\n

Personal information<\/h2>\n\n\n\n

Any information, whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual. [RA 10173<\/a>, Sec. 3]<\/p>\n\n\n\n

Personal information controller<\/h2>\n\n\n\n

A natural or juridical person, or any other body who controls the processing of personal data, or instructs another to process personal data on its behalf. The term excludes: (1) A natural or juridical person, or any other body, who performs such functions as instructed by another person or organization; or (2) A natural person who processes personal data in connection with his or her personal, family, or household affairs. There is control if the natural or juridical person or any other body decides on what information is collected, or the purpose or extent of its processing. [RA 10173<\/a>, Sec. 3]<\/p>\n\n\n\n

Personal information processor<\/h2>\n\n\n\n

Any natural or juridical person or any other body to whom a personal information controller may outsource or instruct the processing of personal data pertaining to a data subject. [RA 10173<\/a>, Sec. 3]<\/p>\n\n\n\n

Photo or video voyeurism<\/h2>\n\n\n\n

The act of taking photo or video coverage of a person or group of persons performing sexual act or any similar activity or of capturing<\/a> an image of the private area of a person<\/a> or persons without the latter’s consent, under circumstances in which such person\/s has\/have a reasonable expectation of privacy, or the act of selling, copying, reproducing, broadcasting<\/a>, sharing, showing or exhibiting the photo or video coverage or recordings of such sexual act or similar activity through VCD\/DVD, internet, cellular phones and similar means or device without the written consent of the person\/s involved, notwithstanding that consent to record or take photo or video coverage of same was given by such persons. [Anti-Photo and Video Voyeurism Act of 2009 (Republic Act No. 9995<\/a>); See Primer<\/a>; Warrant to Incept Computer Data<\/a>]<\/p>\n\n\n\n

Preservation<\/h2>\n\n\n\n

The keeping of data that already exists in a stored form, protected from anything that would cause its current quality or condition to change or deteriorate. It is the activity that keeps that stored data secure and safe. [RA 10175 IRR<\/a>, Sec. 3]<\/p>\n\n\n\n

Private area of a person<\/h2>\n\n\n\n

The naked or undergarment clad genitals, public area, buttocks or female breast of an individual. [Anti-Photo and Video Voyeurism Act of 2009 (Republic Act No. 9995<\/a>); See Primer<\/a>; Warrant to Incept Computer Data<\/a>]<\/p>\n\n\n\n

Private key<\/h2>\n\n\n\n

The key of a key pair<\/a> used to create a digital signature. [See Public key<\/a>; Rules on Electronic Evidence]<\/p>\n\n\n\n

Privileged information<\/h2>\n\n\n\n

Any and all forms of data, which, under the Rules of Court and other pertinent laws constitute privileged communication. [RA 10173<\/a>, Sec. 3]<\/p>\n\n\n\n

Processing<\/h2>\n\n\n\n

Any operation or any set of operations performed upon personal data including, but not limited to, the collection, recording, organization, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction of data. Processing may be performed through automated means, or manual processing, if the personal data are contained or are intended to be contained in a filing system. [RA 10173<\/a>, Sec. 3]<\/p>\n\n\n\n

Profiling<\/h2>\n\n\n\n

Any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements. [RA 10173<\/a>, Sec. 3]<\/p>\n\n\n\n

Public authority<\/h2>\n\n\n\n

Any government entity created by the Constitution or law, and vested with law enforcement or regulatory authority and functions. [RA 10173, Sec. 3]<\/p>\n\n\n\n

Public key<\/h2>\n\n\n\n

The key of a key pair<\/a> used to verify a digital signature. [See Private key<\/a>; Rules on Electronic Evidence]<\/p>\n\n\n\n

Security incident<\/h2>\n\n\n\n

An event or occurrence that affects or tends to affect data protection, or may compromise the availability, integrity and confidentiality of personal data. It includes incidents that would result to a personal data breach, if not for safeguards that have been put in place. [RA 10173<\/a>, Sec. 3]<\/p>\n\n\n\n

Sensitive personal information<\/h2>\n\n\n\n

Personal information: (1) About an individual\u2019s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations;  (2) About an individual\u2019s health, education, genetic or sexual life of a person, or to any proceeding for any offense committed or alleged to have been committed by such individual, the disposal of such proceedings, or the sentence of any court in such proceedings; (3) Issued by government agencies peculiar to an individual which includes, but is not limited to, social security numbers, previous or current health records, licenses or its denials, suspension or revocation, and tax returns; and (4) Specifically established by an executive order or an act of Congress to be kept classified. [RA 10173<\/a>, Sec. 3]<\/p>\n\n\n\n

Service provider <\/h2>\n\n\n\n

Refers to: (1) any public or private entity that provides users of its service with the ability to communicate by means of a computer system; and (2) any other entity that processes or stores computer data on behalf of such communication service or users of such service. [RA 10175 IRR<\/a>, Sec. 3]<\/p>\n\n\n\n

\n\n\n\n

A provider of: (a)  On-line services or network access, or the operator of facilities thereof, including entities offering the transmission, routing, or providing of connections for online communications, digital or otherwise, between or among points specified by a user, of electronic documents of the user\u2019s choosing; or <\/p>\n\n\n\n

(b)  The necessary technical means by which electronic documents of an originator may be stored and made accessible to a designated or undesignated third party; <\/p>\n\n\n\n

(c)  Such service providers shall have no authority to modify or alter the content of the electronic data message or electronic document received or to make any entry therein on behalf of the originator, addressee or any third party unless specifically authorized to do so, and who shall retain the electronic document in accordance with the specific request or as necessary for the purpose of performing the services it was engaged to perform. [RA 8792<\/a>, Sec. 5]<\/p>\n\n\n\n

Subscriber\u2019s information<\/h2>\n\n\n\n

Any information contained in the form of computer data or any other form that is held by a service provider, relating to subscribers of its services, other than traffic or content data, and by which any of the following can be established: (1) The type of communication service used, the technical provisions taken thereto and the period of service; (2) The subscriber\u2019s identity, postal or geographic address, telephone and other access number, any assigned network address, billing and payment information that are available on the basis of the service agreement or arrangement; or (3) Any other available information on the site of the installation of communication equipment that is available on the basis of the service agreement or arrangement. [RA 10175 IRR<\/a>, Sec. 3]<\/p>\n\n\n\n

System interference <\/h2>\n\n\n\n

The intentional alteration, or reckless hindering or interference with the functioning of a computer or computer network by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or program, electronic document or electronic data message, without right or authority, including the introduction or transmission of viruses. [RA 10175, Sec. 4(a); See Cybercrimes under RA 10175<\/a>; Cybercrimes<\/a>]<\/p>\n\n\n\n

Traffic data  <\/h2>\n\n\n\n

Traffic Data or Non-Content Data refers to any computer data other than the content of the communication, including, but not limited to the communication\u2019s origin, destination, route, time, date, size, duration, or type of underlying service. [RA 10175 IRR<\/a>, Sec. 3]<\/p>\n\n\n\n

Under circumstances in which a person has a reasonable expectation of privacy<\/h2>\n\n\n\n

Believe that he\/she could disrobe in privacy, without being concerned that an image or a private area of the person was being captured; or circumstances in which a reasonable person would believe that a private area of the person<\/a> would not be visible to the public, regardless of whether that person is in a public or private place. [Anti-Photo and Video Voyeurism Act of 2009 (Republic Act No. 9995<\/a>); See Primer<\/a>; Warrant to Incept Computer Data<\/a>]<\/p>\n\n\n\n

Unsolicited commercial communications<\/h2>\n\n\n\n

The transmission of commercial electronic communication with the use of computer system which seek to advertise, sell, or offer for sale products and services are prohibited. [RA 10175, Sec. 4(c); However, this provision has been declared VOID for being UNCONSTITUTIONAL in Disini vs. Secretary of Justice, G.R. No. 203335, 11 February 2014]<\/p>\n\n\n\n

Video voyeurism<\/h2>\n\n\n\n

See Photo or video voyeurism<\/a>.<\/p>\n\n\n\n

Warrant to Disclose Computer Data (WDCD)<\/h2>\n\n\n\n

A Warrant to Disclose Computer Data (WDCD) 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 issue an order to disclose and accordingly, require any person or service provider<\/a> to disclose or submit subscriber’s information<\/a>, traffic data<\/a>, or relevant data in his\/her or its possession or control. [See WDCD in Cybercrimes<\/a>]<\/p>\n\n\n\n

Warrant to Examine Computer Data <\/h2>\n\n\n\n

A Warrant to Examine Computer Data (WECD) is a warrant secured by law enforcement agencies upon acquiring possession of a computer device or computer system<\/a> via a lawful warrantless arrest. [See WECD in Cybercrimes<\/a>]<\/p>\n\n\n\n

Warrant to Intercept Computer Data <\/h2>\n\n\n\n

A Warrant to Intercept Computer Data (WICD) 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 carry out any or all of the following activities: (a) listening to, (b) recording, (c) monitoring, or (d) surveillance of the content of communications<\/a>, including procuring of the content of computer data<\/a>, either directly, through access and use of a computer system or indirectly, through the use of electronic eavesdropping or tapping devices, at the same time that the communication is occurring. [See WICD in Cybercrimes<\/a>]<\/p>\n\n\n\n

Warrant to Search, Seize and Examine Computer Data<\/h2>\n\n\n\n

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. [See WSSECD in Cybercrimes<\/a>]<\/p>\n\n\n\n

Wiretapping<\/h2>\n\n\n\n

See Anti-Wiretapping Law<\/a>.<\/p>\n\n\n\n

Without Right<\/h2>\n\n\n\n

Either: (i) conduct undertaken without or in excess of authority; or (ii) conduct not covered by established legal defenses, excuses, court orders, justifications or relevant principles under the law. [RA 10175 IRR<\/a>, Sec. 3]<\/p>\n","protected":false},"excerpt":{"rendered":"

[Definitions or characterizations provided in Republic Act No. 10173 (Data Privacy Act of 2012) and Republic Act No. 10175 (Cybercrime Prevention Act of 2012), Republic Act No. 8792 (Electronic Commerce of 2000), as well as the respective Implementing Rules and Regulations of these laws, including the Rule on Cybercrime Warrants.]<\/p>\n","protected":false},"author":7,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[10,148],"tags":[149,151,1466,1464,1465,1330,114,1473],"class_list":["post-6188","post","type-post","status-publish","format-standard","hentry","category-criminal-law","category-internet-law","tag-cybercrime-prevention-act-of-2012","tag-cybercrimes","tag-data-privacy","tag-data-privacy-act","tag-data-privacy-act-of-2012","tag-glossary","tag-internet","tag-technology"],"_links":{"self":[{"href":"https:\/\/pnl-law.com\/blog\/wp-json\/wp\/v2\/posts\/6188","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/pnl-law.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/pnl-law.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/pnl-law.com\/blog\/wp-json\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/pnl-law.com\/blog\/wp-json\/wp\/v2\/comments?post=6188"}],"version-history":[{"count":13,"href":"https:\/\/pnl-law.com\/blog\/wp-json\/wp\/v2\/posts\/6188\/revisions"}],"predecessor-version":[{"id":8639,"href":"https:\/\/pnl-law.com\/blog\/wp-json\/wp\/v2\/posts\/6188\/revisions\/8639"}],"wp:attachment":[{"href":"https:\/\/pnl-law.com\/blog\/wp-json\/wp\/v2\/media?parent=6188"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/pnl-law.com\/blog\/wp-json\/wp\/v2\/categories?post=6188"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/pnl-law.com\/blog\/wp-json\/wp\/v2\/tags?post=6188"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}