IS THE ACT OF A PERSON, A, DISCLOSING THE MOBILE NUMBER OF B, TO A THIRD

PERSON, WITHOUT Bs CONSENT, CONSIDERED A VIOLATION OF R.A. 1073?

No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the
protection of the law against such interference or attacks.
The right to privacy is concisely defined as the right to be left alone. Individuals want to be left alone and
to exercise some control over how information about them is used.
R.A. 10173 also known as The Data Privacy Act of 2012
R.A. 10173 was enacted by Congress to protect the fundamental human right of privacy, of
communication while ensuring free flow of information to promote innovation and growth. The State
recognizes the vital role of information and communications technology in nation-building and its
inherent obligation to ensure that personal information in information and communications systems in the
government and in the private sector are secured and protected.
R.A. 10173 does not allow the gathering of personal information without the required reasonableness and
necessity of such information. The law provides that the information gathered is for the purpose to which
it seeks. According to Sec. 11 of the said law,
Section 11. General Data Privacy Principles. The processing of personal information shall be allowed,
subject to compliance with the requirements of this Act and other laws allowing disclosure of information
to the public and adherence to the principles of transparency, legitimate purpose and proportionality.
Personal information must, be:
(a) Collected for specified and legitimate purposes determined and declared before, or as soon as
reasonably practicable after collection, and later processed in a way compatible with such declared,
specified and legitimate purposes only;
(b) Processed fairly and lawfully;
(c) Accurate, relevant and, where necessary for purposes for which it is to be used the processing of
personal information, kept up to date; inaccurate or incomplete data must be rectified, supplemented,
destroyed or their further processing restricted;
(d) Adequate and not excessive in relation to the purposes for which they are collected and processed;
(e) Retained only for as long as necessary for the fulfillment of the purposes for which the data was
obtained or for the establishment, exercise or defense of legal claims, or for legitimate business purposes,
or as provided by law; and
(f) Kept in a form which permits identification of data subjects for no longer than is necessary for the
purposes for which the data were collected and processed: Provided, That personal information collected
for other purposes may lie processed for historical, statistical or scientific purposes, and in cases laid
down in law may be stored for longer periods: Provided, further, That adequate safeguards are
guaranteed by said laws authorizing their processing.

The personal information controller must ensure implementation of personal information processing
principles set out herein.
Also, under Section 12 of the said law, there are certain criteria that are required of the lawful processing
of personal information,
SEC. 12. Criteria for Lawful Processing of Personal Information. The processing of personal
information shall be permitted only if not otherwise prohibited by law, and when at least one of the
following conditions exists:
(a) The data subject has given his or her consent;
(b) The processing of personal information is necessary and is related to the fulfillment of a contract with
the data subject or in order to take steps at the request of the data subject prior to entering into a
contract;
(c) The processing is necessary for compliance with a legal obligation to which the personal
information controller is subject;
(d) The processing is necessary to protect vitally important interests of the data subject, including life
and health;
(e) The processing is necessary in order to respond to national emergency, to comply with the
requirements of public order and safety, or to fulfill functions of public authority which necessarily
includes the processing of personal data for the fulfillment of its mandate; or
(f) The processing is necessary for the purposes of the legitimate interests pursued by the personal
information controller or by a third party or parties to whom the data is disclosed, except where such
interests are overridden by fundamental rights and freedoms of the data subject which require protection
under the Philippine Constitution.
Under Section 3 of this Act, the following terms shall have the respective meanings:
Consent of the data subject refers to any freely given, specific, informed indication of will, whereby the
data subject agrees to the collection and processing of personal information about and/or relating to him
or her. Consent shall be evidenced by written, electronic or recorded means. It may also be given on
behalf of the data subject by an agent specifically authorized by the data subject to do so.
Data subject refers to an individual whose personal information is processed.
Personal information refers to 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.
It is significant in this law that the data subject is given certain right to privacy. The data subject has given
his or her consent before any related information will be extracted and processed. The law provides
guidelines as to how such information will be processed. It also sets out measures as to the right of the
data subject as regards the personal data he provided and his right to be informed of any process done
with such information, subject to exceptions. If such consent has been obtained, he or she is entitled to be

informed of the purpose for which the information is to be process, the users or recipients to whom the
information is to be disclosed as well as the reason for its disclosure.
Issue
Is the act of a person, A, disclosing the mobile number of B, to a third person, without Bs consent,
considered a violation of R.A. 1073?
My answer is NO. Disclosure of a mobile number to a third person does not constitute a violation of R.A.
1073. It is clearly provided that R.A. 10173 safeguards the individuals right to privacy but said law
speaks of processing of personal information and privileged information not the mere disclosure of a
mobile number from one person to another even without the consent of the mobile user. The personal
information controller is responsible for personal information under its control or custody, including
information that have been transferred to a third party for processing, whether domestically or
internationally, subject to cross-border arrangement and cooperation.
A mobile phone (also known as a cellular phone, cell phone, and a hand phone) is a device that can make
and receive telephone calls over a radio link while moving around a wide geographic area. It does so by
connecting to a cellular network provided by a mobile phone operator, allowing access to the public
telephone network. By contrast, a cordless telephone is used only within the short range of a single,
private base station.
In addition to telephony, modern mobile phones also support a wide variety of other services such as text
messaging, MMS, email, Internet access, short-range wireless communications (infrared, Bluetooth),
business applications, gaming and photography. Mobile phones that offer these and more general
computing capabilities are referred to as smartphones.
Yes, calls and texts are also covered by the new law But I do not go online that often:, you might say.
But remember, cellular phones, especially smartphones, are also considered as computer systems.
Rather than R.A. 10173, A is in violation of a provision under R.A. 10175. Likewise, the third party
who shall access the mobile number of B by making use of any resources of a computer system or
communication network.
R.A. 10175 also known as the Cybercrime Prevention Act of 2012
Under R.A. 10175, the State recognizes the vital role of information and communications industries such
as content production, telecommunications, broadcasting electronic commerce, and data processing, in the
nations overall social and economic development. The State also recognizes the importance of providing
an environment conducive to the development, acceleration, and rational application and exploitation of
information and communications technology (ICT) to attain free, easy, and intelligible access to exchange
and/or delivery of information; and the need to protect and safeguard the integrity of computer, computer
and communications systems, networks, and databases, and the confidentiality, integrity, and availability
of information and data stored therein, from all forms of misuse, abuse, and illegal access by making
punishable under the law such conduct or conducts.
The following acts constitute the offense of cybercrime punishable under this Act:
(a) Offenses against the confidentiality, integrity and availability of computer data and systems:

(1) Illegal Access. The access to the whole or any part of a computer system without right.
(2) Illegal Interception. The interception made by technical means 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.
(3) Data Interference. 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.
(4) System Interference. 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.
(5) Misuse of Devices.
(i) The use, production, sale, procurement, importation, distribution, or otherwise making available,
without right, of:
(aa) A device, including a computer program, designed or adapted primarily for the purpose of
committing any of the offenses under this Act; or
(bb) 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 this Act.
(ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb) above with intent to use said
devices for the purpose of committing any of the offenses under this section.
(6) Cyber-squatting. 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.
(b) Computer-related Offenses:
(1) Computer-related Forgery.
(i) The 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
(ii) The 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.
(2) Computer-related Fraud. 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: Provided, That if no damage has yet been caused, the penalty imposable shall
be one (1) degree lower.
(3) Computer-related Identity Theft. The intentional acquisition, use, misuse, transfer,
possession, alteration or deletion of identifying information belonging to another, whether natural
or juridical, without right: Provided, That if no damage has yet been caused, the penalty
imposable shall be one (1) degree lower.
(c) Content-related Offenses:
(1) Cybersex. 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.
(2) Child Pornography. The unlawful or prohibited acts defined and punishable by Republic
Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer system:
Provided, That the penalty to be imposed shall be (1) one degree higher than that provided for in
Republic Act No. 9775.1wphi1
(3) Unsolicited Commercial Communications. 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 unless:

Its the ability to determine what information one reveals or withholds about oneself
over the Internet, who has access to such information, and for what purposes one's
information may or may not be used. For example, web users may be concerned to
discover that many of the web sites which they visit collect, store, and possibly
share personally identifiable information about them. Similarly, Internet email users
generally consider their emails to be private and hence would be concerned if their
email was being accessed, read, stored or forwarded by third parties without their
consent. Tools used to protect privacy on the Internet include encryption tools and
anonymizing services like I2P and Tor.

David Flaherty believes networked computer databases pose threats to privacy. He develops 'data
protection' as an aspect of privacy, which involves "the collection, use, and dissemination of
personal information". This concept forms the foundation for fair information practices used by
governments globally.

We have all been asked our phone numbers from people we never want to call us. Those people are
creepers, stalkers, weird guys who are in desperate need of our numbers, or people who just love to
distribute our number to random people.
The following are the best excuses to avoid giving someone your number:
1. I dont believe in technology: Give them an elaborate speech on how technology is bad and
that everyone should stop using cell phones,
2. My parents are really strict: Tell them that your parent dont let you use a cellphone and that the
home phone is for emergencies only.
3. Were switching phone companies: Lie about the procedure being a long one and that itll take
a while before the new phone is set up.
4. My younger sibling eavesdrops: It doesnt matter if you have a younger sibling or not. Most
people wouldnt want to take the risk of being overheard.
5. I lost/broke/dont use my phone: Once you mentioned this, theres no point in asking for your
number. Duh.
6. Number? Phone? Huh??: Pretend as if youre not familiar with telecommunication and that
you have no idea what theyre talking about.
7. I dont know how to use a phone: Enough said.
8. You want what???: Pretend you cant hear what theyre saying, and soon enough, theyll get
tired of repeating themselves.
9. I dont get reception at Mount Makiling. Sorry.: Whats better than a witty Hunger Games
banter?
10. You want my number? HAHAHAHA: Start laughing hysterically and theyll leave you alone.
Then again, everyone around you would think youre a lunatic.
Even if you absotively posilutely HAVE to give your number, then:
1. Smudge the ink on the paper you wrote your number on: That way, even if they do have your
number, they wont be able to read it.
2. Write the wrong number.
If youre not a business person or not profit oriented, do not post your mobile number online. When you
post it, anyone can copy or paste it and end up in anyones hands.
When all of the above-enumerated failed then we encountered problems and headaches.
Reference: SPARKLIFE/ 22 Sparklersheart this post.
PROBLEM ENCOUNTERED:
1. Receipt of cellphone calls and text messages from unknown area code.

2. Receipt of unauthorized calls such as from collection agencies, text scams and prank calls.
3. Getting calls from an unknown number which was given by an unauthorized acquaintance.
With the technology highly progressing time after time, most people have no clue on how it can be
detrimental to their persona in such a way that others can have access to their personal information and
thus use it against them.
.
CONCLUSION
Disclaimer: The content of this blog is intended for informational purposes only. It is not intended to
solicit business or to provide legal advice. Laws differ by jurisdiction, and the information on this blog
may not apply to every reader. Your use of the blog does not create an attorney-client relationship
between you and the blogger.
Signed into law by President Noynoy Aquino on August 15, 2012, RA 10173 establishes the National
Privacy Commission responsible for ensuring that the privileged and personal sensitive information of an
individual, also known as the data subject, will be properly handled by the data controllers and processors
as defined by the law. Under this law, government agencies will have a linkage
RA 10173 criminalizes any breach of the measures provided to ensure the privacy of the
individuals personal and sensitive information. It provides for penalties and imprisonment whether the
prohibited act be done intentionally or through neglect.

A right to privacy is explicitly stated under Article 12 of the Universal Declaration of Human
Rights:

United Nations. (1948). Universal Declaration of Human Rights. Retrieved October 7,

2006 from http://www.un.org/Overview/rights.html
en.wikipedia.org/wiki/Right_to_privacy

LEGAL EDUCATION BOARD CITES AUSL AS OUTSTANDING LAW SCHOOL

By: John Paul Galang

The honors just keep rolling in. The Legal

Education Board (LEB) is set to present Arellano
University School of Law (AUSL) with an Award
for Outstanding Law School being among the Top
10 Best Performing Law Schools in the Bar
Examinations of the past 10 years.
The award, which came on the heel of two
Arellanistas bagging 3rd and 10th places in the
2010 Bar Exams, will be conferred on November
11 at the Manila Pavilion during the 2nd
Anniversary Celebration of the LEB.
AUSL registered a passing percentage of 42.90% in the last 10 years (2001-2010) to place 7th in
the Top 10 list based on the official records of the Office of the Bar Confidant.
Dean Jose R. Sundiang will also receive a Plaque as Outstanding Law Dean in the said event,
which will be attended by Supreme Court and Appellate Court justices as well as officers and
members of the Philippine Association of Law Schools (PALS), Phjilippine Association of Law
Professors (PALP), and Integrated Bar of the Philippines (IBP).
"I was surprised when I learned about this award," said Dean Sundiang. "We are actually No. 5
among law schools in Metro Manila and 7th over-all in the entire country."
Not resting on this recent achievement, he added: "I hope we can maintain our standing or even
improve it in the future. I am confident we can do that if we can address the challenges
confronting us."
Topping the list of Best Performing Law Schools in the Bar Exams is Ateneo de Manila
University with an 89.03% average, followed by San Beda (85.74%), University of the
Philippines (79.84%), Ateneo de Davao University (64.99%), University of San Carlos
(61.23%), University of Santo (60.22%), AUSL, Xavier University (38.90%), Far Eastern
University (33.14%), and University of San Agustin (31.63%).
The Top 5 schools will receive an Award for Exellence in Legal Education, while the 6th to 10th
will be given the Award for Outstanding Law School.
Arellano University President Francisco P.V. Cayco, Director Florentino S. Cayco III, and Vice
Dean Virgilio B. Gesmundo will be joining Dean Sundiang in accepting the award for the school.
The school learned of the recognition through an official letter from former Justice Hilarion

Aquino, Chairperson of the LEB, addressed to the Dean's Office.

The LEB, created through Republic Act No. 7662 or the Legal Education Reform Act of 1993, is
mandated to supervise all law schools and continuing legal education providers in the country.
Among the members of the Board are representatives of the Integrated Bar of the Philippines
(IBP), Philippine Association of Law Schools (PALS), Philippine Association of Law Professors
(PALP), active law practitioners, and bonafide law students.