Data Privacy in the Time of Leaks and Hackers

Written by Rhealeth Ramos.

#Comeleak became a trending topic early in 2016 when hackers exposed the data of over 55 million registered voters. The wealth of information leaked included crucial data that could enable identity theft – including full names, birthdays, addresses, height, weight, and passport details, among others.
 
Roughly a year after, the National Privacy Commission (NPC) released a press statement singling out Chairman Andres Bautista of the Commission on Elections (COMELEC) as the lone officio personally liable for the leak. The NPC posits that Bautista is liable under the Data Privacy Act of 2012 for failing to put data privacy policies in place. Specifically, NPC recommends the filing of criminal charges against Bautista based on Section 26, which provides for a penalty of imprisonment for one to three years and a fine ranging from Php500,000 to Php2,000,000.00 for accessing of personal information due to negligence, and a penalty of imprisonment for three to six years and a fine ranging from Php500,000 to Php4,000,000.00 for accessing sensitive personal information due to negligence.
 
COMELEC, for its part, issued a statement maintaining that data breach is not a new phenomenon, and that it has been following generally accepted standards and international best practices regarding technology-related activities. In his personal Facebook page, Bautista shared a December 2016 news article pertaining to Yahoo! data security issues, wherein the international tech-giant admitted that over one billion user accounts have been hacked. Indeed, “Comeleak” is just one of the many “leaks” surfacing in the political arena – with a number of otherwise privileged information/communication being exposed via “WikiLeaks”, among others.
 
At present, there is yet no landmark Supreme Court decision tackling the Data Privacy Act. To what extent can individuals be protected? What measures are expected to be taken? If even tech giants are vulnerable to hackers, is anyone really safe? Where do we draw the line in establishing liability? It would be interesting to monitor the jurisprudential development of data privacy laws as this case progresses.

Guidelines on Nationalized Industries

Written by Rhealeth Ramos.

The Supreme Court recently upheld the constitutionality of SEC Memorandum Circular No. 8, Series of 2013. The salient points of said Memorandum Circular are as follows:


a. The covered corporations are those involved in areas of activities or enterprises specifically reserved, wholly or partly, to Philippine Nationals by the Constitution, the Foreign Investments Act, and other existing laws.


b. All covered corporations shall, at all times, observe the constitutional or statutory ownership requirement.


c. The required percentage of Filipino ownership must be met in both (a) the total number of outstanding shares of stock entitled to vote in the election of directors, and (b) the total number of outstanding shares of stock, whether or not entitled to vote in the election of directors.


d. Corporate Secretaries of covered corporations are directed to monitor and observe compliance thereto. The Corporate Secretary may not delegate this responsibility without an express authority from the Board of Directors or Trustees.


e. Failure to comply will be punished with the administrative sanctions provided in Section 14 of the Foreign Investments Act as amended, summarized below:


Juridical entity

Fine of ½ of 1% of the paid-in capital, but not more than Php5,000,000.00

President / officials responsible

Fine not exceeding Php200,000.00

Any person, firm, or juridical entity

Forfeiture of all benefits granted under the Foreign Investments Act as amended

Exceptions to the IPOPHL Increase in Fees

Written by Joseph Sarmiento.

Increased official fees will take effect on 1 January 2017, subject to the following exceptions:
 
(1) All Statements of Account (SOAs) issued in 2016 based on the old rates may be paid within the period of validity of the SOA even if the actual payment is made in 2017, provided the SOA remains valid on the date of payment;
 
(2) Where an extension of time to pay was granted in 2016 and the new due date falls in 2017, such payment will be based on the old fee structure and any SOA to be issued pursuant to such extension will be based on the old rates;
 
(3) Payments that are due on days when IPOPHL is closed (from 24 December 2016 to 2 January 2017) will be accepted on 3-6 January 2017, and any SOA issued or to be issued will follow the old fee structure.

What they say about us

The firm was recognized again in the 2017 ranking tables of the World Trademark Review (WTR), Legal500 and Chambers and Partners.

According to WTR, "(e)lite boutique Betita Cabilao Casuela Sarmiento wins praise from foreign counsel the world over: 'All the partners are responsive, dedicated, reliable and prompt in their advice. Working with them, you feel as if you you’re their only client.' The four-partner team has secured favourable results for household-name brands in a string of high-stakes cases, and prides itself on its uniquely personalised approach to both contentious and non-contentious matters. Managing partner Andre Philippe Betita is a regular in the Supreme Court, but also deftly handles filing and prosecution issues before IPOPHL; having helped to draft the country’s IP Code, he knows every line of the statute inside out. Pericles Jose Conrado Casuela is a go-to practitioner for licensing matters and IP-rich M&A negotiations." Andre and Pericles are ranked as tier 2 recommended experts by WTR. The full publication can be viewed here.

The firm is ranked as a second-tier recommended firm by Legal 500, which describes the firm: "Betita Cabilao Casuela Sarmiento’s practice handles licensing, transactions, litigation and enforcement relating to trade marks. Name partners Andre Betita, Pericles Casuela, Joseph Sarmiento and John Paul Cabilao are active practitioners." The full publication can be viewed here.

The firm's Andre Betita is ranked in band 3 of the leading Intellectual Property lawyers in the Philippines in Chambers and Partners' 2017 Asia-Pacific guide. The full publication can be viewed here.

The rankings complement the firm's milestone achievement of building a portfolio of more than 2,000 trademarks filed and registered with the Philippine Intellectual Property Office within the fifth year from its founding in 2011.  To view the firm's portfolio, visit http://www.wipo.int/branddb/ph/en/ and enter "Betita Casuela" in the "Names/Representative" search option.