- Access to an electronic file, or an electronic signature of an electronic data message or electronic document shall only be authorized and enforced in favor of the individual or entity having a legal right.
- No electronic document or message shall be denied legal effect because it is in electronic form and that it does not discriminate between types of technology.
- Due to the nature of information collected, the protection of users, in particular with regard to privacy, confidentiality, anonymity and content control shall be pursued through policies driven by choice, individual empowerment, and industry-led solutions.
The State recognizes the vital role of information and communications technology (ICT) in nation-building and the need to create an information-friendly environment which supports and ensures the availability, diversity and affordability of ICT products and service. Hence, the Electronic Commerce Act of 2000 provides that no electronic document or message shall be denied legal effect just because it is in electronic form. The Electronic Commerce Act of 2000, likewise, does not discriminate between types of technology.
Due to the nature of the information collected, the privacy, confidentiality, anonymity and content control of the users are protected through policies driven by choice, individual empowerment, and industry-led solutions. All of these are subject to applicable laws. Businesses are likewise called upon to make available to consumers, and where appropriate, business users the means to exercise choice with respect to privacy, confidentiality, content control and, under appropriate circumstances, anonymity. (Section 3, Chapter II, Republic Act No. 8792, Implementing Rules and Regulations)
Lawful access may be granted both to electronic documents, electronic data messages, and electronic signatures. It may likewise be provided to electronic keys. Hence, lawful access with reference to Electronic Documents, Electronic Data Messages, and Electronic Signatures occurs when access to an electronic file, or an electronic signature of an electronic data message or electronic document is authorized and enforced only in favor of the individual or entity having a legal right to the possession or the use of the plaintext, electronic signature or file and solely for the authorized purposes. (Section 45, Part V, R.A. No. 8792, IRR) On the other hand, there is lawful access to electronic keys when the electronic key for identity or integrity is only made available to any person or party with the consent of the individual or entity in lawful possession of that electronic key. (Section 46, Part V, R.A. No. 8792, IRR)
With this, it is pertinent upon those with lawful access to make sure that the privacy, confidentiality, anonymity and content control of the users, as mentioned above, are upheld.
What is the obligation of confidentiality? The law says:
Any person who obtained access to any electronic key, electronic data message or electronic document, book, register, correspondence, information, or other material pursuant to any powers conferred under this Act, shall not convey to or share the same with any other person. (Section 32, R.A. No. 8792)