Letters to the Editor
E-violations of privacy by gov’t
THE COMPUTER Professionals’ Union (CPU), together with more than 250 organizations, has signed the International Principles on the Application of Human Rights to Communications Surveillance. The document presents 13 principles reiterating what international human rights laws require of governments conducting surveillance.
As the document says: “Communications surveillance that will likely lead to the revelation of protected information that may place a person at risk of investigation, discrimination or violation of human rights will constitute a serious infringement on an individual’s right to privacy, and will also undermine the enjoyment of other fundamental rights, including the right to free expression, association, and political participation.”
The massive state surveillance programs leaked by NSA (National Security Agency) whistle-blower Edward Snowden showed how advancing communications technologies facilitate access to private and personal information by the NSA, the British Government Communications headquarters and other foreign governments.
The 13 principles prescribe that surveillance laws must ensure that the interception of communications and private information will be: legal and done for a legitimate purpose, necessary, adequate and proportional, and overseen by a competent judicial authority; and will follow due process, include user notification, transparency and public oversight, ensure the integrity of communications and systems, and include safeguards
It is the people’smoney that is used to violate
their own privacy
for international cooperation and against illegal access. These principles will be used by organizations around the world to advocate changes in how laws are interpreted and crafted in their respective countries.
In the Philippines, the Aquino administration tried to legalize unwarranted and unchecked mass surveillance of Internet and other electronic communications through the Cybercrime Act that allows real-time collection of traffic data. The Arroyo administration passed the Human Security Act, which also allows “electronic surveillance” of perceived enemies.
Activists and critics are routinely monitored by Philippine state forces. In 2007, Pastor Berlin Guerrero of the United Church of Christ in the Philippines was abducted in Biñan, Laguna. He was surprised when his captors took his mobile phone and returned it with a clone of his old SIM card. With a clone of his SIM, his location and activities were easily monitored. Moreover, it is the people’s money that is used to violate their own privacy. Government agencies are allotted intelligence funds to profile, harass and monitor activists and critics.
For his 2014 pork barrel, President Aquino is pushing for a P500-million “Intelligence and Confidential” fund.
CPU challenges Philippine legislators to review, amend or repeal existing laws which trample on the right to privacy and run counter to the 13 principles outlined earlier. Instead of passing laws like the Cybercrime Act, legislators should focus on prioritizing the passage of the Freedom of Information bill.