Technology and the Law: RA 10173 (Data Privacy Act of 2012)

Digital revolution has long time commenced and living in the age of technology has been exquisitely convenient and incredibly gratifying. It is even infinite, unrestricted and unregulated. Its vast propensity to be abused is thus of no wonder…until Republic Act No. 10173, otherwise known as the Data Privacy Act of 2012 came into the picture.

The internet is one of the most powerful creations of technology, where people are quintessentially living in a different dimension. The ways social networks and other digital means of communication are making life easier and enjoyable for all of us are already given and need not be enumerated. It is classically transforming to be the mainstream medium of communication, rather than a mere option. With the advent of readily available technology, most people are more than enthusiastic to instantly share information even to the public. Various fascinating stuff could appear right before your eyes with just a single mouse click.

So wonderful as it seems, comes with it is an a enormous catch. Things may get nasty online. Abusive use of technology are undeniably rampant, which is as well needless to be discussed in detail, as viral the issues have got. Ruining someone else’s life can be done in an instant. Anyone can arbitrarily be placed after the eyes of the judging public, seemingly to be despised by the disparaging public opinion.

Clearly, without proper regulation, technology could tremendously be exploited by some and worse, at the expense of other innocent netizens or even non-netizens at some point. The rapid advancement of technology apparently did not go hand-in-hand with an apt sense of responsibility by its users. It is therefore high time to police the cyberspace and this is where the RA 10173 comes to the rescue.

In Whalen vs. Roe, the Court advanced the principle that the right to information privacy has two aspects: (1) the right of an individual not to have private information about himself disclosed; and (2) the right of an individual to live freely without surveillance and intrusion.

In the same sense, RA 10173 aims to protect the fundamental human right of privacy of communication while ensuring free flow of information to promote innovation and growth. The Act fundamentally secures and protects the confidentiality, as well as the integrity of personal information in both government and private sectors. It sanctions unauthorized disclosure of personal information. The statute as well established a directive that a person should give an information by virtue of his free will and full understanding of the purpose it is intended to be used. It also guards journalists and publishers for they cannot be compelled to reveal their sources.

The subject law provides for the creation of a National Privacy Commission in order to monitor and ensure compliance of the country with the international standards for data protection.

The passage of the Data Privacy Act may well tender each and everyone of us the crucial peace of mind in disclosing vital information indispensable for our various trades, may it be personal or business dealings, knowing that our right to information privacy is shielded by the law’s mandate against possible abusers. Accordingly, it is expected to promote investment in the rapidly emerging information technology and business process outsourcing industries in the country. Conversely, it would make individuals and entities be more vigilant of the possible consequences of misuse and abuse of information, ensuing to a more responsible use of information technology.

RA 10173 is indeed a crucial law in the current digital age. It could really be of immense value to one and all of us, over and above that it could be of great benefit to our nation as a whole. At this time, proper implementation and observance of the new law are the critical keys to realize its well-settled aspirations.