Published — May 8, 2021
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
Aside from reading this article about DISCLOSURE OF COMPUTER DATA, read also: PENALTIES FOR CYBERCRIME OFFENSES
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Collection of computer data may be done only upon the issuance of a court warrant
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Any evidence procured without a valid warrant shall be inadmissible in any proceeding before any court or tribunal
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Computer data may be completely destroyed only after the periods provided for their preservation and examination
Law enforcement authorities, upon the issuance of a court warrant, shall be authorized to collect or record by technical or electronic means, and the service providers are required to collect or record by technical or electronic means and/or to cooperate and assist in the collection or recording of computer data that are associated with specified communications transmitted by means of a computer system.
When may a computer data be disclosed?
The law says:
Law enforcement authorities, upon securing a court warrant, shall issue an order requiring any person or service provider to disclose or submit subscriber’s information, traffic data or relevant data in his/its possession or control within seventy-two (72) hours from receipt of the order in relation to a valid complaint officially docketed and assigned for investigation and the disclosure is necessary and relevant for the purpose of investigation.
Where a search and seizure warrant is properly issued, the law enforcement authorities shall likewise have the following powers and duties:
a. To conduct interception within the time period specified in the warrant and to:
- Search and seize computer data;
- Secure a computer system or a computer data storage medium;
- Make and retain a copy of those computer data secured;
- Maintain the integrity of the relevant stored computer data;
- Conduct forensic analysis or examination of the computer data storage medium; and
- Render inaccessible or remove those computer data in the accessed computer or computer and communications network.
b. They may order any person, who has knowledge about the functioning of the computer system and the measures to protect and preserve the computer data, to provide, as is reasonable, the necessary information to enable the undertaking of the search, seizure and examination.
c. They may request for an extension of time to complete the examination of the computer data storage medium and to make a return, but in no case for a period longer than thirty (30) days from date of approval by the court.
Do note that any evidence procured without a valid warrant or beyond the authority shall be inadmissible for any proceeding before any court or tribunal.
Who should have the custody of all computer data under a proper warrant?
The law says:
All data that are examined under a proper warrant shall, within forty-eight (48) hours after the expiration of the period for its examination, be deposited with the court. It shall be in a sealed package, and shall be accompanied by an affidavit of the law enforcement authority executing it. The affidavit shall state the dates and times covered by the examination, and the law enforcement authority who may have access to the deposit, among other relevant data.
Furthermore, the law enforcement authority shall also certify that no duplicates or copies of the whole or any part of the data have been made or, if made, that all such duplicates or copies are included in the package deposited with the court. The package so deposited shall not be opened, or the recordings replayed, or used in evidence, or their contents revealed, except upon order of the court.
Moreover, upon the expiration of the periods provided for the preservation and examination, service providers and law enforcement authorities, as the case may be, shall immediately and completely destroy the data.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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