Friday, February 8, 2013

Collection of traffic data under Republic Act No. 10175

The Office of the Solicitor General Tuesday admitted before the Supreme Court collection of traffic data under Republic Act No. 10175 or the Cybercrime Prevention Act of 2012 would include collection of electronic banking transactions.

During Tuesday's oral arguments, SC Associate Justice Mariano C. Del Castillo questioned Solicitor General Francis H. Jardeleza why Congress did not define what is a traffic data that can be collected without intervention from the courts.

Jardeleza said he does not know why it was not clearly defined.

Under Section 12 of R.A. 10175, traffic data "refers only to the communication's origin, destination, route, time, date, size, duration or type of underlying service but not content nor identities."

The same provision allows law enforcement authorities to collect these traffic data without need of court authorization.

"Power to collect traffic data is subject to abuse," Del Castillo said.

He asked "would the collection also include electronic banking transactions?"

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