Good afternoon to the distinguish Panel, I’m Christian C Caparas, and will present to you my

Thesis in partial fulfilment of the requirements for the degree of Master of Science in
Criminal Justice Major in Criminology, which Titled “ Implementation of Data Privacy Act in
the Criminal Investigation Process: Basis for an Action Plan”

Chapter 1

THE PROBLEM AND ITS BACKGROUND

This chapter deals with the introduction, background of the study, statement of the problem,
hypothesis, scope, and delimitation of the study, and significance of the study.

Introduction

Criminal Investigation is an art which deals with the identity and location of the offender
and provides evidence of his guilt through criminal proceedings. In as much as it is not a
science, it is not governed by rigid rules or laws but most often, it is governed by intuition,
felicity of inspiration and to a minor extent by chance.

On the other hand, Homicide investigation is an introduction to forensic science,

investigative procedures, and the underlying motives in specific cases. Homicide
investigations occupy a special niche when it comes to criminal justice, attracting the
attention and the interest of the general public and requiring enormous resources from the
investigators. These crimes are most likely to disturb a community and, at the same time,
some of the hardest to achieve a high clearance record.

The investigator in the conduct of investigation is using tools, such as:

(a) Information – data gathered by an investigator from other person including the victim
himself and from public records, private records, and modus operandi;

(b) Interrogation and Interview – questioning of witnesses, suspects, and offended parties;
and

(c) Instrumentation – scientific examination of real evidence, application of instrument and

methods of the physical sciences detecting crime.

In Interrogation or Interview the investigator is observing the ff laws and procedure:

(a) Under Section 12 (1) of the 1987 Constitution which states Any person under
investigation for the commission of an offense shall have the right to be informed of his right
to remain silent and to have competent and independent counsel preferably of his own
choice (usually called the Miranda Doctrine)

(b) Republic Act 7438, otherwise known as Rights of the Accused under custodial
investigation. The law provides that

(b.1) any person arrested detained or under custodial investigation shall at all times be
assisted by counsel;

(b.2) any public officer or employee or anyone acting under his order or his place, who
arrest, detains or investigates any person for the commission of an offense shall inform the
latter, in a language known to and understood by him.
(b.3) The custodial investigation report shall be reduced to writing by the investigating officer,
provided that before such report is signed, or thumb marked if the person arrested or
detained does not know how to read and write, it shall be read and adequately explained to
him by his counsel or by the assisting counsel provided by the investigating officer (in dialect
known be him/her);

(b.4) Any extrajudicial confession made by a person arrested, detained or under custodial
investigation shall be in writing and signed by such person in the presence of his counsel or
in the latter's absence, upon a valid waiver, and in the presence of any of the parents, elder
brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school
supervisor, or priest or minister of the gospel as chosen by him; otherwise, such extrajudicial
confession shall be inadmissible as evidence in any proceeding;

With the enactment of Republic Act 10173, otherwise known as Data Privacy Act of
2012, Philippine National Police is also mandated to protect the information, not only the
victims as well as the person of interest or the suspect during the course of investigation.

There are may risks associated with data compromise or leakage, which could significantly
damage the company. Data breach threats, such as identity theft, discrimination, reputational
damage etc., are a few of the many risks that can be used to damage the company and
other people.

Background of the Study

In the conduct of investigation, the investigator obtains data from people involved in the
investigation. Such data are stored in the police station which should be protected by the
unit.

With the enactment of Republic Act 10173, otherwise known as Data Privacy Act of 2012, it
is now mandatory to protect personal and sensitive information used in the communication
systems in public and private sectors in the country.

In the declaration of the policy the law states that 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.

The Act applies to the processing of all types of personal information and to any natural and
juridical person involved in personal information processing including those personal
information controllers and processors who, although not found or established in the
Philippines, use equipment that are located in the Philippines, or those who maintain an
office, branch or agency in the Philippines Data privacy ensures the right of an individual to
control the collection of, access to, and use of personal information about them that are
under the control or custody of the government or the private sector.

Moreover, the National Privacy Commission (NPC) was created to administer and implement
the regulations provided under DPA while ensuring the country’s data protection compliance
is on par with international standards. NPC is the country’s privacy watchdog, an
independent body mandated to administer and implement the DPA.
The primary function of DPA is to protect and regulate the collection of data or personal
information while ensuring that the Philippines complies with international data privacy
standards.

Under the said law, processing of personal information is allowed subject to compliance with
the requirements of this Act and other laws allowing disclosure of information to the public
and adherence to the principles of transparency, legitimate purpose and proportionality.

Personal information must be:

(a) Collected for specified and legitimate purposes determined and declared before, or as
soon as reasonably practicable after collection, and later processed in a way compatible with
such declared, specified and legitimate purposes only;

(b) Processed fairly and lawfully;

(c) Accurate, relevant and, where necessary for purposes for which it is to be used the
processing of personal information, kept up to date; inaccurate or incomplete data must be
rectified, supplemented, destroyed or their further processing restricted;

(d) Adequate and not excessive in relation to the purposes for which they are collected and
processed; (e) Retained only for as long as necessary for the fulfillment of the purposes for
which the data was obtained or for the establishment, exercise or defense of legal claims, or
for legitimate business purposes, or as provided by law; and

(f) Kept in a form which permits identification of data subjects for no longer than is necessary
for the purposes for which the data were collected and processed: Provided, that personal
information collected for other purposes may lie processed for historical, statistical or
scientific purposes, and in cases laid down in law may be stored for longer periods:
Provided, further, that adequate safeguards are guaranteed by said laws authorizing their
processing.

The following provisions of the Act:

Sec. 25. Unauthorized Processing of Personal Information and Sensitive Personal

Information.

(a) The unauthorized processing of personal information

(b) The unauthorized processing of personal sensitive information

Sec. 26. Accessing Personal Information and Sensitive Personal Information Due to
Negligence.

(a) Accessing personal information due to negligence;

(b) Accessing sensitive personal information due to negligence;

Sec. 27. Improper Disposal of Personal Information and Sensitive Personal

Information.

(a) The improper disposal of personal information, persons who knowingly or negligently
dispose, discard or abandon the personal information of an individual in an area accessible
to the public or has otherwise placed the personal information of an individual in its container
for trash collection.

b) The improper disposal of sensitive personal, persons who knowingly or negligently

dispose, discard or abandon the personal information of an individual in an area accessible
to the public or has otherwise placed the personal information of an individual in its container
for trash collection.

Sec. 28. Processing of Personal Information and Sensitive Personal Information for
Unauthorized Purposes.

Sec. 29. Unauthorized Access or Intentional Breach. –persons who knowingly and
unlawfully, or violating data confidentiality and security data systems, breaks in any way into
any system where personal and sensitive personal information is stored.

Sec. 30. Concealment of Security Breaches Involving Sensitive Personal Information.

– any persons who, after having knowledge of a security breach and of the obligation to
notify the Commission pursuant to Section 20(f), intentionally or by omission conceals the
fact of such security breach.

Sec. 31. Malicious Disclosure. – Any personal information controller or personal

information processor or any of its officials, employees or agents, who, with malice or in bad
faith, discloses unwarranted or false information relative to any personal information or
personal sensitive information obtained by him or her.

Sec. 32. Unauthorized Disclosure. – (a) Any personal information controller or personal
information processor or any of its officials, employees or agents, who discloses to a third
party personal information not covered by the immediately preceding section without the
consent of the data subject.

Statement of the Problem

This study aims to assess the implementation of Data Privacy Act of 2012 in the criminal
investigation process

Specifically, the researcher seeks answers to the following sub-problems:

How do the respondents assess the implementation of Data Privacy Act in the
capabilities of criminal investigator in terms of:

Skills in investigation;

Information gathering;

Coordination;

Witness interview or interrogation; and

Surveillance equipment

Is there significant difference in the assessment of the respondents on the

implementation of Data Privacy Act in the capabilities of criminal investigator?

What are the problems encountered by the investigator and solutions obtainable for
investigation technique in line with the Data Privacy Act?
 Is there significant difference in the assessment of the respondents on the problems
encountered by the investigator and solutions obtainable for investigation technique in line
with the Data Privacy Act?

What Action Plan may be formulated to improve the investigation knowledge of

PNP’s Criminal investigators in line with the implementation of Data Privacy Act in resolution
of crimes, based from the findings of the study?

Hypotheses

The researcher will test the following hypotheses:

There is no significant difference on the assessment of the respondents on the

implementation of Data Privacy Act in the capabilities of criminal investigator

There is no significant difference in the assessment of the respondents on the

problems encountered by the investigator and solutions obtainable for investigation
technique in line with the Data Privacy Act

Scope and Delimitation of the Study

The study will focus on the of implementation of Data Privacy Act of 2012 in the capabilities
in investigation process, which covers skills in investigation, information gathering,
coordination, witness interview or interrogation and surveillance equipment.

The study will cover the Manila Police District only, other police district in National Capital
Region are excluded in this study.

For the respondents of the study, there will be three group of the respondents, the first group
will be composed of fifty (50) traffic investigator, while the second group will be fifty (50)
intelligence officer, and the third group will be the fifty (50) homicide investigator. Other
police officers in the Manila Police District will not be included as respondents.

The time frame of the study will covers first and second semester of Academic Year 2023-
2024.

Significance of the Study

The result of the study is deemed significant to the following:

Department of the Interior and Local Government. The result of the study will give
them better perspectives in the management and protection of data obtained by the PNP
from the community.

National Police Commission. As an agency with administrative control and

operational supervision over the Philippine National Police, the result will give them better
understanding for the enhancement of the existing policy on data privacy being implemented
by the PNP.

Philippine National Police. The result of the study will give facts to the Philippine
National Police on the status of the implementation of the Data Privacy Act of the Manila
Police District and application of necessary enhancement to the existing protocol.

Manila Police District. The result of this study will give idea to the top brass of the
District on the implementation of the Data Privacy Act of the all of their personnel in the City
of Manila, and to make necessary actions.
 Police Criminal Investigator. The result of this study will give clear insight to all
investigator who are dealing directly with the people during the conduct of investigation, on
the proper protection of the information they gather.

Researcher. The result of the study will give more knowledge and better
understanding on the proper implementation of the Data Privacy Act in the course of
homicide investigation.

Future Researchers. The result of the study, will help them to have additional
reference in the field of the implementation of the Data Privacy Act of homicide investigators
and can help them to conduct further study for the improvement of the existing protocols.