Legal

Obligations
P R O F ES SI O N A L I SS U E I N I N FO R M ATI O N
S Y S TE M
What is Legal Obligations?
Legal Obligations  is a binding tie which requires individuals involved to do something or pay
for something under legal terms according to the law.
 The Data Protection Act
The Data 1998
Protection Act The Data Protection Act, 1998 is legislation enacted by
1998 the Parliament of the Republic of Ghana to
the privacy and personal data of individuals. It regulates the process
protect

personal information is acquired, kept, used or disclosed by data

controllers and data processors by requiring compliance with certain data
protection principles. Noncompliance with provisions of the Act may
attract either civil liability, or criminal sanctions, or both, depending on
the nature of the infraction. It protects people and lays down rules about
how data about people can be used.

Data Controller – is the person who is responsible for the data and to
ensure data is accurate and secure.

Data Subject – is the person who the information is about.

The provisions to the Data
Protection Act
1. Data should be processed fairly and lawfully. ( example, the data must not be obtained by deception and the purpose of
the data being collected should be revealed to the data subject).

2. Data should only be used for the purpose specified to the Data Protection Agency and should not be disclosed to other
parties without the necessary permission.

3. Data should be relevant and not excessive.

4. Data should be accurate and up to date.

5. Data should only be kept for as long as necessary

6. Individuals have the right to access data kept about them and should be able to check and update the data if necessary.

7. Security must be in place to prevent unauthorized access to the data.

8. Data may not be transferred outside the EU unless the country has adequate data protection legislation.
According to the Philippine
constitution.
Republic Act No. 10175, Otherwise Known as the
“Cybercrime Prevention Act of 2012”
The Act, divided into 31 sections split across eight chapters, criminalizes several types of offense,
including illegal access (hacking), data interference, device misuse, cybersquatting, computer-related
offenses such as computer fraud, content-related offenses such as cybersex and spam, and other
offenses.

It aims to address legal issues concerning online interactions and the Internet in the Philippines.
Among the cybercrime offenses included in the bill are cybersquatting, cybersex, child pornography,
identity theft, illegal access to data and libel.
Computer-related Offenses,
which shall be punished with imprisonment of prision mayor, or a fine of at least Two Hundred
Thousand Pesos (P200,000.00) up to a maximum amount commensurate to the damage incurred, or
both, are as follows:

Computer-related Forgery – The act of knowingly using computer data, which is the product of
computer-related forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest
design.

Computer-related Fraud - The unauthorized “Input, alteration or deletion of computer data or

program, or interference in the functioning of a computer system, causing damage thereby with
fraudulent intent.

Computer-related Identity Theft - The intentional acquisition, use, misuse, transfer, possession,
alteration or deletion of identifying information belonging to another, whether natural or juridical,
without right.
 The Equality act
Republic Act No. 9710 Introduced by Senator Loren Legarda entitled “ The Magna Carta of Women”

- The State recognizes the role of women in nation building and shall ensure the substantive equality of women
and men.

Magna Carta for Philippine Internet Freedom - The bill contains provisions promoting civil and political
rights and Constitutional guarantees for Philippine internet users, such as freedom of expression, as well as
provisions on information and communications technology (ICT) policy, ICT4D, internet governance, e-
governance, cybersecurity, cyberwarfare, cyberterrorism, and cybercrime.
According to the
syllabus given.
 The Computer Misuse Act 1990
The Computer Misuse Act protects personal data held by
organizations from unauthorized access and modification).

The act makes the following illegal:

The Computer
Misuse Act 1990
Conservative MP Michael Colvin
submitted a private member's bill
based on the ELC's
recommendations. The government-
backed measure went into force in
1990.
computer fraud, blackmail and viruses.
Unauthorized access to computer material. This refers to entering a computer
system without permission (hacking)
Unauthorized access to computer materials with intent to commit a further
crime. This refers to entering a computer system to steal data or destroy a
device or network (such as planting a virus)
Unauthorized modification of data. This refers to modifying or deleting data,
and also covers the introduction of malware or spyware onto a computer
(electronic vandalism and theft of information)
Making, supplying or obtaining anything which can be used in computer
misuse offences
These four clauses cover a range of offences including hacking,,
Offenses and Penalty
Failure to comply with the Computer Misuse Act can lead to fines and potentially imprisonment.

Offence Penalty
Up to six months in prison and/or an up to a
Unauthorized access to computer material
£5,000 fine
Unauthorized access to computer materials Up to a five-year prison sentence and/or an
with intent to commit a further crime unlimited fine
Up to a five-year prison sentence and/or an
Unauthorized modification of data
unlimited fine
Making, supplying or obtaining anything
Up to a ten-year prison sentence and/or an
which can be used in computer misuse
unlimited fine
offences
 The Equality Act 2010
The Equality Act 2010 is an Act of Parliament of the
United Kingdom passed during the Brown ministry with the
primary purpose of consolidating, updating and
The Equality supplementing the numerous prior Acts and Regulations, that
formed the basis of anti-discrimination law.
Act 2010 The Equality Act became law in 2010. It covers
Gordon Brown formed the Brown everyone in Britain and protects people from discrimination,
ministry after being invited by harassment and victimization.
Queen Elizabeth II to form a new
administration following the
resignation of the previous Prime
Minister of the United Kingdom,
Tony Blair, on 27 June 2007.
Who Protected by the Equality Act?
Everyone in Britain is protected. This is because the Equality Act protects people against
discrimination because of the protected characteristics that we all have. Under the Equality Act, there
are nine protected characteristics:
• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation
 Age Discrimination
This is when you are treated differently because of your age in one of the situations that
are covered by the Equality Act.

The Equality Act 2010 says that There are four main types of age discrimination.
you must not be discriminated • Direct discrimination - This happens when someone treats you worse

against because: than another person in a similar situation because of your age.
• you are (or are not) a certain age • Indirect discrimination - Indirect discrimination happens when an
or in a certain age group organization has a particular policy or way of working that applies to
• someone thinks you are (or are everyone, but which puts people of your age group at a disadvantage.
not) a specific age or age group,
• Harassment - Harassment occurs when someone makes you feel
this is known as discrimination by
perception humiliated, offended or degraded.
• you are connected to someone of a • Victimization - This is when you are treated badly because you have
specific age or age group, this is made a complaint of age discrimination under the Equality Act. It can
known as discrimination by also occur if you are supporting someone who has made a complaint of
association age discrimination.
 What is disability discrimination?
Disability discrimination is when you are treated less well or put at a disadvantage for a reason that relates to
your disability in one of the situations covered by the Equality Act.

The Equality Act 2010 says that you must
not be discriminated against because:
• you have a disability
• someone thinks you have a disability
(this is known as discrimination by
perception)
• you are connected to someone with a
disability (this is known as
discrimination by association)
It is not unlawful discrimination to treat
a disabled person more favorably than a
non-disabled person.
In the Equality Act a disability means a physical or a mental
condition which has a substantial and long-term impact on your ability
to do normal day to day activities.
You are covered by the Equality Act if you have a progressive
condition like HIV, cancer or multiple sclerosis, even if you are
currently able to carry out normal day to day activities. You are
protected as soon as you are diagnosed with a progressive condition.
You are also covered by the Equality Act if you had a disability in
the past. For example, if you had a mental health condition in the past
which lasted for over 12 months, but you have now recovered, you are
still protected from discrimination because of that disability.
 6 main types of disability
discrimination
•Direct discrimination - This happens when someone treats you worse than another person in a similar situation because of
disability.
•Indirect discrimination - Indirect discrimination happens when an organization has a particular policy or way of working
that has a worse impact on disabled people compared to people who are not disabled.
•Failure to make reasonable adjustments - Under the Equality Act employers and organizations have a responsibility to
make sure that disabled people can access jobs, education and services as easily as non-disabled people. This is known as
the ‘duty to make reasonable adjustments.
•Discrimination arising from disability - This protects you from being treated unfairly because of a disability-related
issue, such as having an assistance dog or needing time off for medical visits. This does not apply unless the person
who discriminated against you was aware of your impairment or should have been aware of it.
•Harassment - Harassment occurs when someone treats you in a way that makes you feel humiliated, offended or degraded.
•Victimization - This is when you are treated unfairly because you have filed a discrimination complaint under the Equality
Act. It can also happen if you are assisting someone who has filed a discrimination complaint.
 What is gender reassignment discrimination?
This is when you are treated differently because you are transsexual, in one of the
situations covered by the Equality Act.

•The Equality Act 2010 says that you must
not be discriminated against because you
are transsexual, when your gender identity
is different from the sex assigned to you
when you were born. For example :
• a person who was born female decides
to spend the rest of his life as a man.
In the Equality Act it is known as gender
reassignment. All transsexual people share
the common characteristic of gender
reassignment.
The Equality Act says that you must not be discriminated against because:
• of your gender reassignment as a transsexual. You may prefer the description
transgender person or trans male or female. A wide range of people are
included in the terms ‘trans’ or ‘transgender’ but you are not protected as
transgender unless you propose to change your gender or have done so. For
example, a group of men on a stag do who put on fancy dress as women are
turned away from a restaurant. They are not transsexual so not protected from
discrimination
• someone thinks you are transsexual, for example because you occasionally
cross-dress or are gender variant (this is known as discrimination by
perception)
• you are connected to a transsexual person, or someone wrongly thought to be
transsexual (this is known as discrimination by association)
What is marriage and civil partnership
discrimination?
This is when you are treated differently at work because you are married or in a civil partnership.

In the Equality Act marriage and civil partnership means someone who is legally married or in a civil
partnership. Marriage can either be between a man and a woman, or between partners of the same sex.
Civil partnership is between partners of the same sex.

People do not have this characteristic if they are:

• single
• living with someone as a couple neither married nor civil partners
• engaged to be married but not married
• divorced or a person whose civil partnership has been dissolved
 What is pregnancy and maternity
discrimination?
Pregnancy and maternity discrimination is What’s meant by unfavorable treatment?
when you’re treated unfairly because you’re
Unfavorable treatment means that you’re worse off because of the
pregnant, breastfeeding or because you’ve
discrimination for example,
recently given birth. You must suffer a
• by not getting a promotion at work. Unlike direct discrimination,
disadvantage as a result of the unfair
there’s no need to compare your situation to someone else’s. All
treatment. The law says you’ve been treated
you need to show is that you were treated unfavorably because of
unfavorably. pregnancy and maternity.

Your pregnancy or maternity doesn’t have to be the only reason

someone treats you unfavorably, as long as it’s one of the reasons. It
doesn’t matter that the person treating you unfavorably didn’t mean
to discriminate against you or that they were acting out of good
intentions.
What is race discrimination?
This is when you are treated differently because of your race in one of the situations
covered by the Equality Act.

In the Equality Act, race can mean your color, or your nationality (including your citizenship). It can
also mean your ethnic or national origins, which may not be the same as your current nationality. For
example:
• you may have Chinese national origins and be living in Britain with a British passport.

Race also covers ethnic and racial groups. This means a group of people who all share the same
protected characteristic of ethnicity or race.

A racial group can be made up of two or more distinct racial groups, for example black Britons, British
Asians, British Sikhs, British Jews, Romany Gypsies and Irish Travelers.
What is religion or belief discrimination?
This is when you are treated differently because of your religion or belief, or lack of
religion or belief, in one of the situations covered by the Equality Act.

The Equality Act 2010 says you must not be discriminated against because:
• you are (or are not) of a particular religion
• you hold (or do not hold) a particular philosophical belief
• someone thinks you are of a particular religion or hold a particular belief (this is known as
discrimination by perception)
• you are connected to someone who has a religion or belief (this is known as discrimination by
association)

In the Equality Act religion or belief can mean any religion, for example an organized religion like
Christianity, Judaism, Islam or Buddhism, or a smaller religion like Rastafarianism or Paganism, as
long as it has a clear structure and belief system.
What is sex discrimination?
This is when you are treated differently because of your sex, in certain situations covered
by the Equality Act 2010.

The Equality Act 2010 says you must not be discriminated against because:
• you are (or are not) a particular sex
• someone thinks you are the opposite sex (this is known as discrimination by perception)
• you are connected to someone of a particular sex (this is known as discrimination by association)

In the Equality Act, sex can mean either male or female, or a group of people like men or boys, or
women or girls.
What is sexual orientation discrimination?
This is when you are treated differently because of your sexual orientation in one of
the situations that are covered by the Equality Act.

The Equality Act 2010 says you must not be discriminated against because:
• you are heterosexual, gay, lesbian or bisexual
• someone thinks you have a particular sexual orientation (this is known as discrimination by
perception)
• you are connected to someone who has a particular sexual orientation (this is known as
discrimination by association)

In the Equality Act, sexual orientation includes how you choose to express your sexual orientation, such
as through your appearance or the places you visit.
Situations in which you are
protected from discrimination
• when you are in the workplace
• when you use public services like healthcare (for example, visiting your doctor or local hospital) or
education (for example, at your school or college)
• when you use businesses and other organizations that provide services and goods (like shops,
restaurants, and cinemas)
• when you use transport
• when you join a club or association (for example, your local tennis club)
• when you have contact with public bodies like your local council or government departments
Mga Tanong :
What is legal Obligations? (3 points)

According to the Philippine constitution give the 3 Computer-related Offenses. (2points)

According to the Philippine constitution what is the R.A introduced by Senator Loren Legarda?
(3points)
 According to Philippine constitution how many section does the Cybercrime Prevention Act of
2012? (2 points)
Reference

https://www.officialgazette.gov.ph/2009/08/14/republic-act-no-9710/

https://en.wikipedia.org/wiki/Magna_Carta_for_Philippine_Internet_Freedom
“ If you don’t like your DESTINY,
don’t accept it. Instead have the
courage to change it the way you
want to be.”

- UZUMAKI NARUTO