Philippine Daily Inquirer

Letters to the Editor

E-violations of privacy by gov’t

- —RICK BAHAGUE, national coordinato­r, Computer Profession­als’ Union

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.

 ?? MARIANNE BERMUDEZ ?? AN AKBAYAN rally cites the need to pass an FOI law to combat corruption in government.
MARIANNE BERMUDEZ AN AKBAYAN rally cites the need to pass an FOI law to combat corruption in government.

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