The E-Commerce Act and the Right to Privacy Grp.2 Bernardo.Reyes.Sanchez.Tan.Quinio

The Right to Privacy A fundamental human right recognized in the UN Declaration of Human Rights, the International Covenant on Civil and Political Rights, and many other international and regional treaties.

The Right to Privacy to protect the right to anonymity of an individual to uphold human dignity and other key values such as freedom to protect the fundamental right of a human being from the invasion of his privacy

With all the new technology available, convergence and globalization is made more possible through the use of the Internet and computers. Everyday, much information is exchanged through them - including private information like credit card numbers, addresses and such.

The E-Commerce act protects individuals from the invasion of their privacy online. This act helps cover the holes in the right to privacy made by the new technology available today. Upholding the right to privacy in e-commerce ensures safe trade and the protection of private information.

It prevents other people to steal, hack and manipulate the information of others in electronic gadgets. It gives the internet users a sense of security when it comes to electronic transactions, thus encouraging them to keep engaging in the aforementioned.

Part I, Chapter II, Section 3 (e) Protection of Users The protection of users, in particular with regard to privacy, confidentiality, anonymity and content control shall be pursued through policies driven by choice, individual empowerment, and industry-led solutions. It shall be in accordance with applicable laws. Subject to such laws, business should make available to consumers and, where appropriate, business users the means to exercise choice with respect to privacy, confidentiality, content control and, under appropriate circumstances, anonymity.

Part II, Chapter III, Section 34 Choice of Security Methods Subject to applicable laws and/or rules and guidelines promulgated by the Department of Trade and Industry and other appropriate government agencies, parties to any electronic transaction shall be free to determine the type and level of electronic data message or electronic document security needed, and to select and use or implement appropriate technological methods that suit their needs.

Part V, Lawful Access, Section 45 Lawful Access to Electronic Documents, Electronic Data Messages, and Electronic Signatures Access to an electronic file, or an electronic signature of an electronic data message or electronic document shall only be authorized and enforced in favor of the individual or entity having a legal right to the possession or the use of the plaintext, electronic signature or file and solely for the authorized purposes.

Part V, Lawful Access, Section 46 Lawful Access to Electronic Keys The electronic key for identity or integrity shall not be made available to any person or party without the consent of the individual or entity in lawful possession of that electronic key.  The testimonial disclosure of an electronic key in any proceeding shall be limited by the Constitutional right against self-incrimination.

Part V, Lawful Access, Section 47 Obligation of Confidentiality Except for the purposes authorized under the Act, any person who obtained access to any electronic key, electronic data message, or electronic document, book, register, correspondence, information, or other material pursuant to any powers conferred under the Act, shall not convey to or share the same with any other person.

Trends that Contribute to the Invasion of Privacy in E-commerce Globalization - flow of data surpasses geographical limitations through the internet. Convergence - barriers between information systems are eliminated, thus making one inter-operable with another. Multimedia - easily translates different forms of data and images for better accessibility.

Technologies of Privacy Invasion Identity Systems (ID Cards, Biometrics) Surveillance of Communications (Internet and email interception, recording of information about specific Internet activities) Video surveillance Workplace surveillance

Ways of Violating the Right to Privacy in E-commerce Cookies A small amount of information that is saved on the user’s hard drive upon Web Server’s request. Serve as a digital identifier tag that notifies a vendor whenever the user re-enters the website. Some involve third parties to also plant their cookies on the same Web page. The collected information about the users may be resold or linked to external databases to form a comprehensive profile of the users.

Ways of Violating the Right to Privacy in E-commerce Web bugs (pixel tags) Easily unnoticed embedded images (due to small pixel content). Often used by Ad networks on web pages to add information to personal profiles stored in cookies and to collect statistics about how many hits the site gets.

Ways of Violating the Right to Privacy in E-commerce Spam Tons of unwanted and often offensive e-mails E-mail address is added to an e-mail list and is often sold to merchants. Annoys consumers and taxes internet servers

Ways of Violating the Right to Privacy in E-commerce Spoofing and Phishing Spoofing- act of pretending to be someone by fooling the hardware, software or the users. Phishing-web thieves request users to supply personal identification information so they may be verified without getting caught.

Penalties Section 33. Penalties Hacking or crackling -unauthorized access into or interference in a system in order to corrupt, alter, steal, or destroy without the knowledge and consent of the owner, alteration, theft or loss of electronic data messages or electronic documents shall be punished by a minimum fine of One Hundred Thousand pesos (P 100,000.00) and a maximum commensurate to the damage incurred and a mandatory imprisonment of six (6) months to three (3) years