RA 10175: Barely Constitutional

In a news report released last January 29, 2013, government lawyers admitted that Section 12 of RA 10175 is "barely constitutional." The said provision reads: “law enforcement authorities, with due cause, shall be authorized to collect or record by technical or electronic means traffic data in real-time associated with specified communications transmitted by means of a computer system.”

Although the special law defines traffic data as that which “refers only to the communication’s origin, destination, route, time, date, size, duration or type of underlying service but not content nor identities.” Unfortunately, any computer literate individual will know that in the process of collecting said data as defined by RA 10175, the police or any government agency engaging in data collection, will be able to secure more than those defined by RA 10175. It will then be left to the discretion of the collecting authority how to dispose or manage those that are not supposed to be collected. The problem with such proviso is that it will inevitably and undoubtedly open the floodgates for abuse and exploitation. Can we really risk our private data to the honesty and good will, not to mention impeccable self-control and discipline, of our police officers or any government agency tasked with data collection?

RA 10175 also makes essential internet social communication functions such as "liking" or "sharing" in such tools as Facebook potential grounds for criminal conviction. This is clearly an affront to the basic right to an open and free communication channels as enshrined in the 1987 Philippine Constitution, specifically Art. III, Section 4 which states: "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."

It is just fitting and proper that the Supreme Court declare RA 10175 fundamentally unconstitutional and unfit for a modern, secular, and democratic state like the Philippines.