Does Republic Act No.

10175 or what is known as Cybercrime law violates the Right to Privacy

stated in Constitution?

First, what is R.A. No. 10175 or cybercrime law?

section 2 states that

SEC. 2. Declaration of Policy. — The State recognizes the vital role of information and
communications industries such as content production, telecommunications, broadcasting
electronic commerce, and data processing, in the nation’s overall social and economic
development. The State also recognizes the importance of providing an environment conducive
to the development, acceleration, and rational application and exploitation of information and
communications technology (ICT) to attain free, easy, and intelligible access to exchange and/or
delivery of information; and the need to protect and safeguard the integrity of computer,
computer and communications systems, networks, and databases, and the confidentiality,
integrity, and availability of information and data stored therein, from all forms of misuse, abuse,
and illegal access by making punishable under the law such conduct or conducts. In this light, the
State shall adopt sufficient powers to effectively prevent and combat such offenses by facilitating
their detection, investigation, and prosecution at both the domestic and international levels, and
by providing arrangements for fast and reliable international cooperation.

While in the 1987 Constitution, there is a provision pertaining to the right to privacy which may
be found in Section 3(1) of the Bill of Rights:

“Sec. 3. (1) The privacy of communication and correspondence shall be inviolable except upon
lawful order of the court, or when public safety or order requires otherwise as prescribed by
law.”

And there is also republic act no. 10173 otherwise known as Data Privacy act of 2012 which
states in section 2 that:

SEC. 2. Declaration of Policy. – It is the policy of the State to protect the fundamental human
right of privacy, of communication while ensuring free flow of information to promote
innovation and growth. The State recognizes the vital role of information and communications
technology in nation-building and its inherent obligation to ensure that personal information in
information and communications systems in the government and in the private sector are
secured and protected.
And in section 3(b)

(b) Consent of the data subject refers to any freely given, specific, informed indication of will,
whereby the data subject agrees to the collection and processing of personal information about
and/or relating to him or her. Consent shall be evidenced by written, electronic or recorded
means. It may also be given on behalf of the data subject by an agent specifically authorized by
the data subject to do so.

The cybercrime law seems to be in violation of the right to privacy stated in 1987 constitution
and also the data privacy act, especially in section 3(b) of the said act which requires consent of
the data subject. Cybercrime law provides the imposition of penalty to people caught using the
internet illegally by investigation or facilitating their detection. These two laws seem to
contradict each other because how can government facilitate their detection or what are the
means they would have to employ without violating the right to privacy because in RA No.
10173, the consent of the data subject must be acquired first.

from all forms of misuse, abuse, and illegal access by making punishable under the law such
conduct or conducts. In this light, the State shall adopt sufficient powers to effectively prevent
and combat such offenses by facilitating their detection, investigation, and prosecution at both
the domestic and international levels, and by providing arrangements for fast and reliable
international cooperation