Privacy and Freedom of Expression

Privacy & Freedom
of Expression
Prepared by: Mark Jhon C. Oxillo

THE RIGHT TO PRIVACY
• The right to be left alone – the
most comprehensive of rights,
and the right most valued by a
free people

INFORMATION PRIVACY
• First coined Roger Clarke,
director of Australian
Privacy Foundation
• Is the combination of
communications privacy and
data privacy

COMMUNICATIONS PRIVACY
• the ability to communicate with
others without those
communications being monitored
by other persons or organization

DATA PRIVACY
• the ability to limit access one’s
personal data by other individuals
and organizations in order to
exercise a substantial degree of
control over that data and its use

Republic Act 10173
• Or the Data Privacy Act of 2012 (PH)
• is a law that seeks to protect all forms of
information, be it private, personal, or
sensitive. It is meant to cover both
natural and juridical persons involved in
the processing of personal information.

Republic Act 10173
• This comprehensive privacy law
also established a National
Privacy Commission that
enforces and oversees it and is
endowed with rulemaking power.

OPT OUT POLICY
• To refuse to give an
institution the right to
collect and share
personal data

OPT IN POLICY
• To give an institution
the right to collect and
share personal data

KEY PRIVACY AND
ANONYMITY ISSUES

IDENTITY THEFT
• Occurs when someone steals key
pieces of personal information to
impersonate a person. This
information may include data such
as name, address, date of birth, SSS
number, passport number, driver’s
license number, etc.

VISHING
• is the telephone equivalent of
phishing. It is described as the act of
using the telephone in an attempt
to scam the user into surrendering
private information that will be used
for identity theft.

ELECTRONIC DISCOVERY
• Is the collection, preparation,
review and production of
electronically stored information
for use in criminal and civil
actions and proceedings

• Includes any form of digital
information such as emails,
drawings, graphs, web pages,
photographs, word-processing
files, sound recording and
databases

CONSUMER PROFILING
• Collecting personal information
about internet users when they
register at websites, complete
survey, fill out forms or enter
contests online

CLICK-STREAM DATA
• Information gathered
by monitoring a
consumer’s online
activity

BEACONS
• Are small pieces of software
that run on a web page and are
able to track what a viewer is
doing on the page, such as
what is being typed or where
the mouse is moving

PERSONALIZATION
SOFTWARE
• Used to optimize the
number, frequency, and
mixture of their ad
placement and to evaluate
how visitors react to new ads

MEASURES TO IMPROVE
THE PROTECTION OF
CONSUMER PRIVACY:
• Implementing a “Do Not Track”
option for web browsing
software that would keep online
services from collecting surfing
or ad-targeting data

MEASURES TO IMPROVE
THE PROTECTION OF
CONSUMER PRIVACY:
• Requiring that companies collect
only the data they need and
then delete it after it has met its
purpose

MEASURES TO IMPROVE
THE PROTECTION OF
CONSUMER PRIVACY:
• Requiring that online companies
simplify their privacy policies so
that consumers can read and
understand them

CHIEF PRIVACY OFFICER
(CPO):
• a senior manager within an
organization whose role is to ensure
that the organization does not
violate government regulations
while reassuring customers that
their privacy will be protected

FREEDOM OF EXPRESSION
• The right to freedom of
expression is one of the most
important rights for free
people everywhere.

FREEDOM OF EXPRESSION
• Right to express one's ideas and
opinions freely through speech,
writing, and other forms of
communication but without
deliberately causing harm to others'
character and/or reputation by false
or misleading statements.

TYPES OF SPEECHES
• OBSCENE SPEECH
• DEFAMATION
• PERJURY
• FRAUD
• INCITEMENT OF
PANIC
• INCITEMENT TO
CRIME
• “FIGHTING
WORDS”
• HATE SPEECH
• SEDITION

OBSCENE SPEECH
• Appeals to “prurient interest”
(causes lust)
• “Obviously offensive” description
of defined sexual conduct
• No serious literary, artistic,
political, or scientific value

DEFAMATION
• Oral or written statement of
alleged fact that is false and
harms another person
* Slander - oral defamatory
statement
* Libel - written defamatory
statement

PERJURY
• is the intentional act of
swearing a false oath or
falsifying an affirmation to tell
the truth, whether spoken or in
writing, concerning matters
material to an official
proceeding.

FRAUD
• is intentional deception
to secure unfair or
unlawful gain, or to
deprive a victim of a legal
right.

INCITEMENT OF PANIC
• is when a person causes
the evacuation of any
public place, or otherwise
cause serious public
inconvenience or alarm

INCITEMENT TO CRIME
• is the encouragement
of another person to
commit a crime

FIGHTING WORDS
• are written or spoken words
intended to incite hatred or
violence from their target
• are words indicating a
willingness to fight or
challenge someone

HATE SPEECH
• abusive or threatening
speech or writing that
expresses prejudice against a
particular group, especially
on the basis of race, religion,
or sexual orientation.

SEDITION
• a conduct or speech
inciting people to rebel
against the authority of
a state or monarch

Article III (Bill of Rights)
• Section 4. No law shall be passed
abridging the freedom of speech, of
expression, or of the press, or the right
of the people peaceably to assemble
and petition the government for redress
of grievances.

FOE: KEY ISSUES
• Controlling access to information on
the Internet
• Anonymity on the Internet
• Defamation and hate speech
• Corporate blogging
• Pornography

FOE: KEY ISSUES
Controlling access to information on
the Internet:
• Internet Filter – a software that can
be used to block access to certain
websites that contain material
deemed inappropriate or offensive

FOE: KEY ISSUES
Anonymity on the Internet
• Anonymous Expression – the
expression of opinions by people
who do not reveal their identity

FOE: KEY ISSUES
Defamation and Hate Speech
• Ex: A threatening private message
sent over the internet to a person,
and a libel directed at a particular
person can be punishable by law.

FOE: KEY ISSUES
Corporate Blogging
• is the practice of allowing
employees to create their own
personal blogs relating to their
employment

FOE: KEY ISSUES
Pornography
• often colloquially referred to as porn,
is any material — whether written,
visual, or others — that consists of
sexually explicit material and that is
intended to sexually arouse.

FOE: KEY ISSUES
Sexting
• sending sexual messages, nudes
or seminude photos or sexually
explicit videos over a cellphone

Privacy and Freedom of Expression

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