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Results for “Data Privacy Act Section 29. Unauthorized Access or Intentional Breach”

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Question Political and Public International Law | Zones of Privacy | ESSAY Medium

An official of a government regulatory agency gains unauthorized access to a private corporate email server used by N...

...ils to prosecutors who charge A with estafa. (a) Identify the zone of privacy implicated and the controlling constitutional doctrine. (b) Are the emails admissible as evidence? Explain with the applicable rule and any ex...

Citations: Constitution of the Philippines, Article III, Section 3(1) (privacy of communications and correspondence), Republic Act No. 4200 (Anti-Wiretapping Law), Republic Act No. 10173 (Data Privacy Act)

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Modes of Discovery - Rules 23-29 | MULTIPLE_CHOICE Medium

In a civil action for a data-breach and alleged non-compliance with data privacy obligations, the plaintiff seeks to...

In a civil action for a data-breach and alleged non-compliance with data privacy obligations, the plaintiff seeks to depose the defendant’s Chief Information Security Officer about internal breach response memos, vulnera...

Question Criminal Law | Offenses against Confidentiality, Integrity, and Availability of Computer Data and Systems - R.A. No. 10175, Sec. 4(a)(1) to (5) | ESSAY Medium

ArdentCloud, a private data services firm, maintains a non-public client database on its internal network. Lia, the l...

ArdentCloud, a private data services firm, maintains a non-public client database on its internal network. Lia, the lead systems administrator with legitimate maintenance access, exports a substantial subset of client re...

Citations: Republic Act No. 10175 (Cybercrime Prevention Act of 2012), Sec. 4(a)(1)–(a)(5)

Question Political and Public International Law | Zones of Privacy | ESSAY Medium

An independent data consultant, engaged by a private firm, secretly gains access to a private Slack workspace used by...

An independent data consultant, engaged by a private firm, secretly gains access to a private Slack workspace used by TargetCo’s procurement and legal teams and copies all direct messages between employee Dev and the Chi...

Citations: Constitution of the Philippines, Article III, Section 3 (privacy of communications and correspondence)., Republic Act No. 4200 (Anti-Wiretapping Act).

Question Political and Public International Law | Zones of Privacy | ESSAY Medium

An official of a government agency gains unauthorized access to a private corporate email server and copies all messa...

...uses these emails to prosecute Z for estafa. (a) Identify the zone of privacy implicated and the controlling constitutional doctrine. (b) Are the emails admissible as evidence? Explain with the applicable rule and any ex...

Citations: Constitution of the Philippines, Article III, Section 3(3), Republic Act No. 4200 (Wiretapping Law)

Question Political and Public International Law | Right Against Self-incrimination | ESSAY Medium

Facts: Avery Cruz, a software designer, is arrested by police in connection with suspected unauthorized access to a f...

Facts: Avery Cruz, a software designer, is arrested by police in connection with suspected unauthorized access to a financial platform and related fraud. He is brought to a small, windowless interrogation room. He is not...

Citations: Constitution of the Philippines, Article III, Section 12

Question Criminal Law | Offenses against Confidentiality, Integrity, and Availability of Computer Data and Systems - R.A. No. 10175, Sec. 4(a)(1) to (5) | ESSAY Medium

Juno, a systems consultant contracted to upgrade a private hospital’s data servers, copies the hospital’s non-public...

Juno, a systems consultant contracted to upgrade a private hospital’s data servers, copies the hospital’s non-public patient database to a USB drive without authorization and sells it to a competitor. He then deploys ran...

Citations: Republic Act No. 10175, Sec. 4(a)(1)-(5), Cybercrime Prevention Act of 2012 (RA 10175) - Official text

Question Criminal Law | Using Information and Communications Technologies - R.A. No. 10175, Sec. 6 | MULTIPLE_CHOICE Medium

Two individuals, D and M, plan to breach a private online tax filing system to gain unauthorized access. D develops a...

...fore deployment, a routine security patch is applied and no access or data is compromised. Under RA 10175, Sec. 6, which of the following statements best describes their liability? Correct: D and M are liable for conspir...

Question Commercial and Taxation Laws | Lawful Access and Obligation of Confidentiality - Sec. 32 | ESSAY Medium

BrightBridge, a Philippine cloud-based e-commerce and messaging platform, stores user chat messages and payment detai...

...four months of BrightBridge user chat transcripts and transaction metadata related to a named suspect. Acting on the MLAT, a domestic court issues an order directing BrightBridge to disclose the data to the foreign agenc...

Citations: Republic Act No. 8792, Section 32 (Lawful Access and Obligation of Confidentiality)., Republic Act No. 10173, Data Privacy Act of 2012 (interplay on confidentiality and data handling).

Question Criminal Law | Hacking - Cracking - R.A. No. 8792, Sec. 33(a) | ESSAY Medium

A bank's security team discovers a vulnerability in its customer-data portal. An employee, Ian, intentionally bypasse...

A bank's security team discovers a vulnerability in its customer-data portal. An employee, Ian, intentionally bypasses the login mechanism using a script, gains access to the portal, and copies 120 customer records (name...

Citations: Republic Act No. 8792, Sec. 33(a) (E-Commerce Act)

Question Commercial and Taxation Laws | Non-copyrightable Works | ESSAY Medium

A private publisher downloads the National Privacy Commission's Data Privacy Guidelines 2020 from the NPC website and...

A private publisher downloads the National Privacy Commission's Data Privacy Guidelines 2020 from the NPC website and posts the entire text verbatim on its own site. The publisher then publishes a "Plain-English Digest"...

Citations: Republic Act No. 8293 (Copyright Law)

Question Political and Public International Law | Zones of Privacy | ESSAY Medium

An independent IT consultant, hired by a supplier, secretly breaches the private Slack workspace of Acme Corp and cop...

...ges to prosecutors who charge Z with estafa. (a) Identify the zone of privacy implicated and the controlling constitutional doctrine. (b) Are the messages admissible as evidence? Explain with the applicable rule and any...

Citations: Constitution of the Philippines, Article III, Section 3(3), Republic Act No. 4200 (Anti-Wiretapping Act)

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Special Commercial Courts and Cybercrime Courts | ESSAY Medium

An information filed in RTC Branch 34, Bacolod City charges a former data-security analyst with (i) unauthorized acce...

An information filed in RTC Branch 34, Bacolod City charges a former data-security analyst with (i) unauthorized access and cyber extortion under RA 10175 and (ii) civil damages for data breach and reputational harm aris...

Citations: Republic Act No. 10175 (Cybercrime Prevention Act of 2012), Rules on Joinder of Offenses (Rules of Court)

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Special Commercial Courts and Cybercrime Courts | MULTIPLE_CHOICE Medium

An information is filed in RTC Branch 12, Makati City, charging a former IT consultant with (i) unauthorized access a...

...i) cyber libel arising from a defamation post, plus civil damages for data breach and reputational harm arising from the same incident. The Information designates the cybercrime counts as the principal offense and includ...

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Special Commercial Courts and Cybercrime Courts | MULTIPLE_CHOICE Medium

An information is filed in RTC Branch 5, Bacolod City, charging a former IT consultant with (i) unauthorized access a...

...access and cyber extortion under RA 10175 and (ii) civil damages for data breach and reputational harm arising from the same incident. The Information designates the cybercrime counts as the principal offense and includ...

Question Remedial Law, Legal and Judicial Ethics, with Practical Exercises | Special Commercial Courts and Cybercrime Courts | MULTIPLE_CHOICE Medium

An information is filed in RTC Branch 12, Lapu-Lapu City, charging a former IT contractor with (i) unauthorized acces...

...cyber extortion under RA 10175 and (ii) civil damages arising from a data breach, including reputational harm. The information designates the cybercrime counts as the principal offense and includes the civil damages as...

Question Criminal Law | Offenses against Confidentiality, Integrity, and Availability of Computer Data and Systems - R.A. No. 10175, Sec. 4(a)(1) to (5) | MULTIPLE_CHOICE Medium

Ari, a university systems administrator, has legitimate access to the non-public student records database on the univ...

...dministrator, has legitimate access to the non-public student records database on the university’s internal server. Over a weekend, he copies a substantial subset of the database to a USB drive and sells it to a data bro...

Question Labor and Social Legislation | Quantum of Evidence | ESSAY Medium

DeltaTech Solutions dismissed Carla Rivera, a software engineer, for alleged unauthorized data exfiltration of confid...

...dismissed Carla Rivera, a software engineer, for alleged unauthorized data exfiltration of confidential client information. The employer's evidence: (a) system access logs showing Rivera logged into the secure data repos...

Citations: Philippine Labor Code provisions governing disciplinary measures and due process; NLRC decisions and Supreme Court jurisprudence on the substantial evidence standard in labor disputes (quantum of proof)