TECH4GOOD
Monchito Ibrahim
Despite the proactive efforts of the National Privacy Commission to make everyone aware of the importance of safeguarding personal data, we still see a lot of cases where personal data are either needlessly collected or carelessly handled. Privacy is considered to be a basic human right but, in this digital age, how private can all this personal data be?
With the rise of digital economies worldwide and the disruptions brought in by new business models such as those of Google and Facebook, and the increasing use of new technologies like the cloud and Internet of Things (IoT) devices, personal data today is everywhere. And because personal data can be easily monetized, cybercriminals are getting so busy these days.
Today, the world is faced with the privacy paradox. The digital economy is based on extensive data pooling. But, as individuals, we want to maintain our basic right to privacy. Because of this, we are seeing a situation where there is severe tension and incompatibility between the right to privacy and the need to share data in order to participate in a digital economy. This is just the beginning and things may become more complicated as new digital business models are introduced and the use of artificial intelligence becomes ubiquitous. This tension may now require new thinking on the essence of that right.
Among APEC member economies, the Philippines is actually one of the first to have passed a data protection law, RA 10173, or the Philippine Data Privacy Law of 2012. I am fortunate to have been directly involved, together with the late Atty. Claro Parlade, in the crafting of the law that was principally authored by the late Senator Ed Angara in the Senate and Congressman Roman Romulo in the House of Representatives. This was during my incumbency as chairperson of the then APEC Electronic Commerce Steering Group. I even had to invite Congressman Romulo to join an APEC Data Privacy workshop in Hiroshima, Japan for him to see how the other economies are working on their own privacy legislation. When the law was passed, it became a landmark legislation that allowed the country to become a significant player in the global digital economy.
Data protection regulations are designed to safeguard the way other individuals and businesses use our information. But in this very dynamic digital age, these regulations are hardly able to keep up with the exponential growth of online activities, technology development, and business model innovations that are fast disrupting the way economic activities are done. In a highly connected society, the routes to accessing personal data have multiplied making it relatively easy for anybody, including dark entities, to circumvent the rules.
Data privacy is critical for maintaining trust and confidence in the digital economy. People are more likely to use digital services and share their personal information when they trust that their information is used ethically and responsibly. Without trust, we cannot expect the growth of our digital economy to keep pace with the rest of the world.
In a digital economy, organizations that are able to collect information about our online activities, behavior, and lifestyle,and analyze them will have a significant competitive advantage with their ability to develop new products and services that better meet the needs and preferences of consumers.
The government has become a data miner too. Every time they host meetings and conferences where food is served, guests are asked to fill out an attendance sheet with their personal information that includes contact details and sometimes addresses. It is not uncommon to see those filled-up sheets, however, lying on top of desks for some time for everyone to see. That irresponsible way of handling personal information should be put to stop.
Data protection regulations need to adapt to the growing complexities in the digital world. When the Philippine Data Privacy Act of 2012 was passed, the use of social media platforms was not as pervasive as it is now. The level of personal data sharing was not as high as it is today. In the last 10 years, a lot of new technologies have emerged and have triggered innovations, not just in the business world, but also in the way we live our lives. Such regulations may need to be revisited as often as possible.
Privacy is very much alive today. We just have to continue making sure that our data protection law is able to keep up with the dynamics of the digital age. Maybe, we can make it more prescriptive, for example, by putting the element of data security among its provisions. Yes, the balancing act will have to continue but, more importantly, ensure that our fundamental right to privacy will continue to be respected.
The author is the lead convenor of the Alliance for Technology Innovators for the Nation (ATIN), vice president of the Analytics Association of the Philippines, and vice president, UP System Information Technology Foundation.