Question & AnswerQ&A (Republic Act No. 10175)
Republic Act No. 10175 is known as the Cybercrime Prevention Act of 2012.
The State recognizes the vital role of information and communications industries and the importance of protecting computer systems, networks, and data from misuse, abuse, and illegal access by providing an environment that facilitates development, acceleration, and rational application of ICT.
Illegal Access is the unauthorized access to the whole or any part of a computer system without right.
They include Illegal Access, Illegal Interception, Data Interference, System Interference, Misuse of Devices, and Cyber-squatting.
The penalties include imprisonment of prision mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00) up to a maximum amount commensurate with the damage incurred, or both.
The penalty of reclusion temporal or a fine of at least Five hundred thousand pesos (PhP500,000.00) up to a maximum amount commensurate to the damage incurred, or both, shall be imposed.
The National Bureau of Investigation (NBI) and the Philippine National Police (PNP) are responsible for enforcement and must organize dedicated cybercrime units.
The Office of Cybercrime within the DOJ is designated as the central authority in matters related to international mutual assistance and extradition in cybercrime cases.
With due cause and a court warrant, law enforcement authorities are authorized to collect or record traffic data in real-time, which includes information like origin, destination, route, time, and date of communications but excludes content and identities.
The juridical person may be held liable for a fine equivalent to at least double the fines imposable, up to a maximum of Ten million pesos (PhP10,000,000.00), without prejudice to the criminal liability of the natural person involved.
Cybersex refers to 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.
Any evidence procured without a valid warrant or beyond the authority of the same is inadmissible in any court or tribunal proceeding.
They must preserve such data for a minimum period of six (6) months from the date of the transaction or receipt of the preservation order.
Cyber-squatting is punishable under the Act with penalties aligned with prision mayor imprisonment or fines, depending on damage caused and circumstances of the offense.