Best Cyber Law, Data Privacy and Data Protection Lawyers in Makati City
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Philippines Cyber Law, Data Privacy and Data Protection Legal Questions answered by Lawyers
Browse our 5 legal questions about Cyber Law, Data Privacy and Data Protection in Philippines and the lawyer answers, or ask your own questions for free.
- Is it possible for cyber libel if you say someone she a scammer even i have a evidence because she collecting money from us and believing that her business is a legally operated. And we found out that no paper for legalities.. We have evidence screenshot
- Hello:Under Philippine law, particularly Article 353 in relation to Article 355 of the Revised Penal Code and Republic Act No. 10175 or the Cybercrime Prevention Act of 2012, libel may be committed online, which is called cyber libel. Libel happens when a defamatory statement is made publicly with malice, tending to dishonor or discredit a person. Even if you have evidence that a person is operating without proper legal papers, calling her directly a scammer online may still expose you to a cyber libel case because the law presumes malice when defamatory words are used.However, the law also recognizes defenses. a.) If the statement is true and can be proven with official and competent evidence, then truth may be a defense, especially if it was published with good motives and for a justifiable end. b.) If your purpose is to protect the public or to file a complaint before proper authorities like the police, NBI Cybercrime Division, DTI or SEC, then it is safer to file a formal complaint rather than posting publicly. c.) If you have screenshots and proof of her illegal activity, this should be directed to authorities and not aired online, as courts will assess whether your statements were intended for public shaming or for public good.In short, yes it is possible that you may be charged with cyber libel even if you have evidence, but the strength of your evidence and the purpose of your statements may serve as your defense. It is important to exercise caution in making public accusations. The safer legal remedy is to file a case for estafa, syndicated estafa, or violation of DTI and SEC regulations rather than risk a libel complaint.At Recososa Law Firm, we can help you assess your evidence and determine whether you should proceed with filing a criminal or civil case against the person instead of exposing yourself to liability. We have offices in Luzon, Visayas and Mindanao and we can schedule an initial consultation via google meet, zoom call or physical consultation at our office. You may send us an email at recososalawfirm@gmail.com and indicate that you are a client from LawZana. Alternatively, you can also call or text us at +639175046510.If this answers your concern, I hope it is not too much to ask to like and share our facebook page and google page below. This will surely inspire us to continue doing this here: Google Page:https://g.page/r/CW7ozgJGLkAMEAI/review Facebook Page:https://www.facebook.com/RecososaLawFirmSincerely,ATTY. JOFRE B. RECOSOSAOwner/Managing PartnerRecososa Law FirmE-mail: recososalawfirm@gmail.comMobile/Viber/WhatsApp: +63-917-504-6510
- How I trace a dummy account and file a case against the person behind it
- I can answer your question, text me on WhatsApp: +38970704335Kind Regards,Svetislav Stojanoski, MSc., Attorney at law
- Cyber libel
- Please contact me via viber (text me) +38970704335Regards,Svetislav Stojanoski, attorney at law
About Cyber Law, Data Privacy and Data Protection Law in Makati City, Philippines
Cyber Law, Data Privacy, and Data Protection have become increasingly significant in Makati City, Philippines, as technology continues to permeate daily life. These laws aim to secure the privacy of personal digital data and regulate the behavior of entities handling such information. The legal framework is primarily governed by the Republic Act No. 10173, known as the Data Privacy Act of 2012, and other related laws that safeguard against data breaches, cyber attacks, and unauthorized data processing. The National Privacy Commission (NPC) plays a critical role in enforcing these laws and providing guidance for compliance. Given Makati City's status as a central business district, ensuring compliance with data privacy laws is crucial for businesses and individuals alike.
Why You May Need a Lawyer
There are several situations where legal assistance in Cyber Law, Data Privacy, and Data Protection might be necessary:
- If you own a business that handles personal information and need to comply with data protection regulations.
- In cases of data breaches or cyber attacks where sensitive information is compromised.
- When drafting privacy policies or terms and conditions for digital platforms.
- If you are a victim of cyber crimes such as identity theft or phishing.
- For representation in disputes regarding privacy violations or data misuse.
- When establishing cybersecurity measures and protocols for your organization.
Local Laws Overview
Key aspects of local laws related to Cyber Law, Data Privacy, and Data Protection in Makati City include:
- The Data Privacy Act of 2012 mandates that entities collecting personal data must ensure its protection against unauthorized access.
- Entities are required to appoint a Data Protection Officer (DPO) to ensure compliance with privacy regulations.
- Consent is needed from individuals before collecting or processing their personal data.
- The Cybercrime Prevention Act of 2012 (Republic Act No. 10175) addresses cybercrimes, including hacking, identity theft, and related offenses.
- Fines and penalties are imposed on violations, which can have significant legal and financial repercussions.
Frequently Asked Questions
What is considered personal information under the Data Privacy Act?
Personal information refers to any data that can identify an individual, such as names, addresses, contact numbers, and other sensitive information like health records.
Who is required to comply with the Data Privacy Act?
All businesses and organizations, regardless of size, that process personal information in the Philippines are required to comply with the Data Privacy Act.
How can I report a data privacy violation?
You can report violations to the National Privacy Commission. They have established mechanisms for receiving complaints and conducting investigations.
What penalties are imposed for data privacy violations?
Penalties for violations can range from fines to imprisonment, depending on the severity and nature of the offense.
How can I protect my personal data from cyber threats?
Regularly updating passwords, using secure networks, and being cautious about sharing personal information online are some ways to protect your data.
What does a Data Protection Officer do?
A Data Protection Officer ensures that an organization complies with data protection laws, oversees the implementation of data protection measures, and serves as a point of contact with the NPC.
Is my company required to appoint a Data Protection Officer?
Yes, if your company processes personal data, it is mandatory to appoint a Data Protection Officer according to the Data Privacy Act.
How does the Cybercrime Prevention Act impact individuals?
The Cybercrime Prevention Act aims to prevent crimes committed via computers or online, protecting individuals from offenses such as hacking, online fraud, and cyberbullying.
What is Personally Identifiable Information (PII)?
PII refers to information that can be used to identify an individual, either alone or when combined with other identifying data linked to them.
Can I handle personal information from the EU under Philippine law?
Yes, but you may also need to comply with the General Data Protection Regulation (GDPR) if you process the data of EU residents, which has additional requirements.
Additional Resources
Here are some resources and organizations that can assist you with Cyber Law, Data Privacy, and Data Protection:
- National Privacy Commission (NPC): The NPC provides guidelines, handles complaints, and enforces compliance with the Data Privacy Act.
- Cybercrime Investigation and Coordinating Center (CICC): A government agency focusing on addressing cybercrime issues.
- Information Technology and Business Process Association of the Philippines (IBPAP): Offers resources and support for IT and Business Process Management sectors.
- Local law firms: Specialized legal firms in Makati City offering services in Cyber Law and Data Privacy can be beneficial.
Next Steps
If you need legal assistance with Cyber Law, Data Privacy, and Data Protection in Makati City, consider the following steps:
- Consult with a lawyer specializing in Cyber Law and Data Privacy to get specific legal advice tailored to your situation.
- Ensure compliance by conducting a data protection audit with a legal expert to address any weaknesses in your data handling processes.
- Engage a Data Protection Officer (if required) to help navigate complex privacy laws and maintain compliance.
- Stay informed about the latest updates in laws and regulations related to data privacy and cybersecurity.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.