LESSON 3 | Computer Ethics

• 1987 Philippine Constitution


  1. The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law.
  2. Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.
• Lawful Court Order 


  The court order is lawful when the search warrant (court order) is issued by the judge after he personally determines that there is a probable cause which is required by Art. III Section 2 of the Constitution.
• Public order of safety requirement


  • The general welfare of the public is the supreme law.
  • When one decides to ride in LRT/MRT or to travel by plane, he/she will temporarily surrender his rights to privacy because public safety requires it.
• Express provision of the law


  If the law requires the individual to surrender his privacy
• The rational relationship test

  • The reasonable purpose or rational basis = legitimate
  • RA 4200 – Anti-Wiretapping Act
• Privacy between Spouses


  A person, by contracting marriage, does not shed his/her integrity or his right to privacy as an individual and the constitutional protection is ever available to him or her
• None


  Is there privacy in public places?
• Section 4 of RA 7438


  An inmate has no reasonable expectation of privacy inside his cell. It is subject to ___________, and have diminished expectation of privacy rights
• Section 12 of RA10175


  Real-Time Collection of Traffic Data was declared by Supreme Court as void and unconstitutional.
• Data Privacy Act (RA10173)


  • Regulates the processing of personal information of individuals collected by both public and private entities as a way to protect one’s privacy.
  • An individual shall be given the right to control any kind of personal information that is collected from him for further use and disclosure.
• Identity theft


  Type of consumer fraud and “occurs when a person knowingly uses another person’s information in a fraudulent manner for the purpose of obtaining goods, services, or credit.
• hacking and phishing


  The most prevalent means of obtaining personal information are computer ________
• Due process


  A law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial.