17th Entry: ICT and the SC

In the process of researching for ICT related cases decided by the Supreme Court for our ICT video, I stumbled upon these interesting reads, reflecting the current state of the law and our legal/judicial maturity in terms of ICT.

a. Ople vs Torres, G.R. No. 127685, July 23, 1998

The RFID controversy involving the LTO is not new. As early as 1998, a national ID system using technology similar to the RFID was proposed by President Ramos thru AO 308. This system sought to create a facility to conveniently transact business with basic service and social security providers and other government instrumentalities.

The Supreme Court struck down the AO for being unconstitutional. In so doing, the Court delved into a long discussion on the right to privacy basically emphasizing on the fact that the people’s right to privacy might be placed in danger. First, the Court noted that there are no safeguards against leakage of information, given the fact that data can be accessed by different agencies. The Court is likewise afraid that authorities may, with ease, track down every movement of a person, access confidential information, circumvent the right of persons to self-incrimination and exploit the system for fishing expeditions by the government.

Lesson Learned: It is unfortunate that we cannot reap the benefits of technology because of mistrust. The problem is that we cannot identify whether the culture of mistrust is a function of technology or that of politics. Mistrust of technology can be cured by proper education, awareness and the continuous improvement of technology. As for the other kind of mistrust, now that is the real problem.

b. In re 2003 Bar Examinations, B.M. No. 1222. February 4, 2004

The 2003 bar exams scandal came as a shock. It appeared that an associate was able to download the exam questions from the computer of the bar examiner, who is a partner in the law firm where the associate works.

The result? The associate was disbarred after the investigating committee found him guilty of “theft of intellectual property” and violation of the Constitutional prohibition on unreasonable search and seizure.

Lesson Learned: We lack the laws specifically directed in addressing cybercrimes. The existing law on ICT at that time, RA 8792, proved inadequate in addressing the issue of electronic actuations of this nature.

c. Garcillano vs House, G.R. No. 170338, December 23, 2008

The Hello Garci scandal. Petitioners sought to restrain the Senate from conducting its legislative inquiry. The Court held that the conduct of legislative inquiry without duly published rules of procedure is in clear derogation of the constitutional requirement. Although the Senate argued that its rules are readily available at the Senate website, the Court categorically held that the internet is not a medium for publishing laws, rules and regulations.

Lesson Learned: Despite the increasing number of people who go online to seek relevant data as well as the ease in information dissemination thru the Internet, it is a wonder why we settle with the traditional modes of reaching the people. If, indeed, the purpose for publication is to satisfy basic due process by conveying the law to the most number of people, then what is stopping us from exploring the idea of utilizing the Internet for this purpose?

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