@COMELEC #ComeLeak #ComeLeaks Data Privacy Act #Eleksyon2016 #juanvote pertinent provs

In view of the “ComeLeak” or “ComeLeaks” (the data security breach in the Comelec, the most massive in history, where the personal information and data of about 70 million registered voters were stolen and published by hackers)  the following are the pertinent provisions of the Data Privacy Act:

Section 16. xxx
e) Suspend, withdraw or order the blocking, removal or destruction of his or her personal information from the personal information controller’s filing system upon discovery and substantial proof that the personal information are incomplete, outdated, false, unlawfully obtained, used for unauthorized purposes or are no longer necessary for the purposes for which they were collected. In this case, the personal information controller may notify third parties who have previously received such processed personal information; and

(f) Be indemnified for any damages sustained due to such inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of personal information.
Xxx
SEC. 26. Accessing Personal Information and Sensitive Personal Information Due to Negligence. – (a) Accessing personal information due to negligence shall be penalized by imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than Two million pesos (Php2,000,000.00) shall be imposed on persons who, due to negligence, provided access to personal information without being authorized under this Act or any existing law.

(b) Accessing sensitive personal information due to negligence shall be penalized by imprisonment ranging from three (3) years to six (6) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than Four million pesos (Php4,000,000.00) shall be imposed on persons who, due to negligence, provided access to personal information without being authorized under this Act or any existing law.

SEC. 27. Improper Disposal of Personal Information and Sensitive Personal Information. – (a) The improper disposal of personal information shall be penalized by imprisonment ranging from six (6) months to two (2) years and a fine of not less than One hundred thousand pesos (Php100,000.00) but not more than Five hundred thousand pesos (Php500,000.00) shall be imposed on persons who knowingly or negligently dispose, discard or abandon the personal information of an individual in an area accessible to the public or has otherwise placed the personal information of an individual in its container for trash collection.

b) The improper disposal of sensitive personal information shall be penalized by imprisonment ranging from one (1) year to three (3) years and a fine of not less than One hundred thousand pesos (Php100,000.00) but not more than One million pesos (Php1,000,000.00) shall be imposed on persons who knowingly or negligently dispose, discard or abandon the personal information of an individual in an area accessible to the public or has otherwise placed the personal information of an individual in its container for trash collection.
SEC. 29. Unauthorized Access or Intentional Breach. – The penalty of imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than Two million pesos (Php2,000,000.00) shall be imposed on persons who knowingly and unlawfully, or violating data confidentiality and security data systems, breaks in any way into any system where personal and sensitive personal information is stored.

SEC. 30. Concealment of Security Breaches Involving Sensitive Personal Information. – The penalty of imprisonment of one (1) year and six (6) months to five (5) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than One million pesos (Php1,000,000.00) shall be imposed on persons who, after having knowledge of a security breach and of the obligation to notify the Commission pursuant to Section 20(f), intentionally or by omission conceals the fact of such security breach.

SEC. 31. Malicious Disclosure. – Any personal information controller or personal information processor or any of its officials, employees or agents, who, with malice or in bad faith, discloses unwarranted or false information relative to any personal information or personal sensitive information obtained by him or her, shall be subject to imprisonment ranging from one (1) year and six (6) months to five (5) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than One million pesos (Php1,000,000.00).

SEC. 32. Unauthorized Disclosure. – (a) Any personal information controller or personal information processor or any of its officials, employees or agents, who discloses to a third party personal information not covered by the immediately preceding section without the consent of the data subject, shall he subject to imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than One million pesos (Php1,000,000.00).

(b) Any personal information controller or personal information processor or any of its officials, employees or agents, who discloses to a third party sensitive personal information not covered by the immediately preceding section without the consent of the data subject, shall be subject to imprisonment ranging from three (3) years to five (5) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than Two million pesos (Php2,000,000.00).

SEC. 33. Combination or Series of Acts. – Any combination or series of acts as defined in Sections 25 to 32 shall make the person subject to imprisonment ranging from three (3) years to six (6) years and a fine of not less than One million pesos (Php1,000,000.00) but not more than Five million pesos (Php5,000,000.00).

#juanvote #Du30 Breaking News: Gina Lopez of ABS-CBN Foundation endorses Duterte for Pres in Karen Davila’s show this morning, vid here

(This blog site is not endorsing any presidential candidate at this time…)

     Breaking News: Gina Lopez of ABS-CBN Foundation endorses Duterte for President in Karen Davila’s show this morning, video here, below:

     To be fair and accurate about it: the topic of the show this morning was mining, and the guest is a known environmentalist who also opposes mining in an island ecosystem such as the Philippines as it poisons our water systems. Karen Davila being the broadcast journalist that she is, segued to the presidential candidates — so that’s how the interview progressed.

    Before posting this, i made a quick internet search for verification, and true enough, she (Gina Lopez) had a speaking engagement three days ago, and when asked about the presidential elections, she gave an answer to this effect, and it was posted in FB by a member of the audience and it became a fever, este, er, viral. Less than an hour after Karen’s interview, it was already in YouTube, here it is:

 

#PiliPinasDebates2016 : (Updated) The candidates all showed up, yey! #juanvote

     For the first time in post-martial law history, all the presidential candidates showed up in a nationally televised debate! Yey!! woot-woot, whoo-hoo, awweesome, ♥  ♥  ♥ !
       Despite criticisms on the format, time limit, number of advertisements, exclusion of online news portals, the Comelec pulled off a first: That is, make all presidential bets show up.         For this, the Comelec should be congratulated. (i’ve criticized the Comelec during the past two months for the internal squabbling, the partisanship, and the massive disenfranchisement, but for the holding of the presidential debate, they deserve initial kudos.)
       In Philippine electoral politics, the rule had been: The “frontrunner”, or the perceived frontrunners, never showed up in a debate. This is based on the conventional wisdom (of post-martial law Philippine politicians anyway) that: If the frontrunner was leading by a mile, he/she should not give an inch to the laggards by exposing himself/herself in a debate.
(there were no real elections during martial law, that is, from 1972 to 1986).
      Thus, we never had any real presidential debates in recent memory till last night’s.
      Without detracting from the convincing power of the Comelec, one probable reason all five earnestly participated in the debate is the fact that: Among the three leading candidates there is no real frontrunner — the top three being in an interchanging “statistical tie” for the past two quarters. It’s anyone’s game, every digit counts. Based on the numbers, the top three are (in alphabetical order): Binay, Duterte, Poe; but LP asserts its candidate is also in a statistical tie so let’s just intersperse Roxas in the top three, to be fair.
   

Photo by David.R.Stoecklein.Tail-End. Right-clicked from www.allposters.com, used here for non- commercial purposes, under the terms of , free service by blog-use of image provided by said site.
Photo by David.R.Stoecklein.Tail-End. Right-clicked from http://www.allposters.com, used here for non- commercial purposes, under the terms of , free service by blog-use of image provided by said site.

  The conventional wisdom, too, is, a candidate who is at the bottom should be on the offensive, and aggressively take a dig at those on top to prevent plateauing. There is every reason to show up for those who need to claw up.
      Also, maybe it helps that all five are “well-educated”, formal-education-wise (universities not being the sole repository of wisdom), thus, all five probably have the necessary confidence to carry them through a public debate. Three are lawyers (U.P. Law though that is not necessarily a boon, the former dictator and his cohorts having been products of U.P. Law — but so were the brightest anti-dictatorship lawyers) while two acquired their college degrees in the best U.S. universities. But whether or not the debates would influence the Philippine electorate is still unknown. Still, even if Filipino voters were never known to pay much attention to debates, the statistically tied candidates need every inch, every forum, any platform.
      Who won the debate? Rappler has a “panel of judges” composed of their editors, and a group of netizens, who called every round, although their cards and numbers are not transparent, and the netizen polling not scientific. Anyway, here it is (note again, as stated, the empirical basis is not known to us):

Hellier.Gavin
Photo by Hellier Gavin right-clicked from allposters.com under terms of use of said site used here for non-commercial purposes

Rappler “Editors’ picks per round
PiliPinas 2016 Debate: Round 1 goes to Mar Roxas
PiliPinas 2016 Debate: Round 2 goes to Grace Poe
PiliPinas 2016 Debate: Round 3 goes to Grace Poe
Rappler “Netizens’ picks per round
On social media, Duterte wins Round 1 of the debate
Duterte takes Round 2, Roxas is runner-up for netizens
Consistents winner: Netizens say Duterte takes 3rd round of debate”
       In the U.S presidential debates, CNN and other news programs have a minute-by-minute empirical polling (with a stated margin of error) that shows real-time which candidate was leading in the public opinion polls for every minute that the debate was on-going, and the graph is shown real-time on tv. (This requires a LAN-device for every respondent and therefore logistically demanding; and more complicatedly: Comelec is not legally allowed to poll at this time.) 

     Hopefully, the Comelec has ushered in a new era thru this first ever well-attended presidential debate. For this: Comelec won this round. But the bar is set higher for the next debate, and Comelec should address the criticisms and concerns raised. Here are some of them: The inability to tackle issues substantially, and the prospect that there may be no fundamental difference in platforms, tells us that one cannot expect too much from the presidential contest in terms of achieving genuine change for the people.”– from Nato Reyes of Bayan. xxx The debate format did not allow the details of their action plan.” – from media curator Noemi Lardizabal-Dado xxx we need longer air time with no commercials. Also include a random questions from Netizens and audiences on venue.” –from netizen Rob Refuerzo
     Ok, here it is: the format followed a showbiz Boy Abunda style of questioning (with my compliments to Boy Abunda) by throwing at each candidate the most publicized criticism about him/her,  with 90 seconds to answer. This kind of format emphasized personalities rather than programs and and works well with Boy Abunda’s shows.

     In other words, the format did not draw up the most contentious issues of governance (such as, for example, the poverty-alleviation strategy of dole-outs or CCT/ 4Ps of the government (if the candidate is merely going to continue or improve upon the programs of PNoy’s Daang Matuwid, then he/she does not have any alternative development strategy and merely wants to alternate in power on the convenient, tired, over-used promise that he/she will do better because he/she is a superman/ Supergirl); that’s just one, i have a list here) and for failing to draw up the most contentious  issues of governance, it failed to compel the candidates to draw the line that separates one from the rest, or each from the others.