Draft of anti-Cybercrime Law’s IRR released to public
MANILA – Almost 3 months after the Supreme Court declared most of the Cybercrime Prevention Act of 2012’s provisions not unconstitutional, 3 offices of the executive branch released the draft of its implementing rules and regulations (IRR) in a public consultation.
The Department of Justice (DOJ), Department of Interior and Local Government (DILG), and Department of Science and Technology (DOST) on Friday held its 7th consultation meeting which aims to present and revise the current draft of the law’s IRR.
DOJ Assistant Secretary Geronimo Sy emphasized that the IRR is currently in its last drafting phase, which, according to him, is fortunate as cybercrimes are becoming more rampant in the Philippines.
“We are now entering the final of drafting the IRR, which is an exciting time because there is a convergence of a lot of rules. And if you’ve seen it in the past couple of months, both media and all the attention of the [public was] on the largest ever sextortion case in the country.
“In fact, that was what we announced during the last consultations that we have been working on. On the average, we’re seeing about one reported case everyday in the Cybercrime Office, which is already a fast take-up given the 90 days on the time the Supreme Court finally ruled on the decision.”
The IRR draft enumerated and clarified all cybercrime offenses that can be penalized under the new law including cybersex, identity theft, computer-related forgery and fraud, illegal access, data interference, misuse of devices, cyber-squatting, and libel among others.
The public consultation was attended by representatives of the IRR’s technical working group, computer experts, and Internet service providers.
ENFORCEMENT AND IMPLEMENTATION
As explained in Rule 3 of the IRR draft, the National Bureau of Investigation (NBI) and the Philippine National Police (PNP) are tasked to establish their own special divisions that will deal with cases involving the violations of the Cybercrime Law.
Each division is to be manned by Special Investigators and will have the powers to investigate all cybercrimes, and conduct data recovery and forensic data analysis on any digital or electronic evidence.
A DOJ branch which will be called Office of Cybercrime will also be established to coordinate the efforts of the special divisions of the NBI and PNP.
The IRR also specifies the establishment of the Cybercrime Investigation and Coordinating Center (CICC), an inter-agency body tasked to coordinate the policies of concerned agencies, and formulate and enforce the national cyber security plan.
CICC will be directly under the supervision of the Office of the President and will be headed by the Director of the Information and Communications Technology Office of the DOST.
Meanwhile, all service providers are tasked to keep, retain and preserve the integrity of the traffic date and subscriber information within a minimum period of six months from the date of the transaction.
Subsequently, service providers will also be ordered to keep, retain and preserve the content data for six months starting from the date of receipt of the order from law enforcement authorities requiring its preservation.