30/07/2019
Republic Act No. 8792 | Official Gazette of the Republic of the Philippines
c) Any obligation imposed under any written law;
d) The civil liability of any party to the extent that such liability forms the basis for
injunctive relief issued by a court under any law requiring that the service provider take or
refrain from actions necessary to remove, block or deny access to any material, or to
preserve evidence of a violation of law.
SECTION 31(30). Lawful Access. — Access to an electronic
le, or an electronic signature of an
electronic data message or electronic document shall only be authorized and enforced in favor of the
individual or entity having a legal right to the possession or the use of the plaintext, electronic
signature or le and solely for the authorized purposes. The electronic key for identity or integrity shall
not be made available to any person or party without the consent of the individual or entity in lawful
possession of that electronic key.
SECTION 32(31). Obligation of Con dentiality. — Except for the purposes authorized under this Act, any
person who obtained access to any electronic key, electronic data message or electronic document,
book, register, correspondence, information, or other material pursuant to any powers conferred under
this Act, shall not convey to or share the same with any other person.
SECTION 33. Penalties. — The following Acts shall be penalized by
ne and/or imprisonment, as
follows:
a)(32) Hacking or cracking which refers to unauthorized access into or interference in a computer
system/server or information and communication system; or any access in order to corrupt, alter,
steal, or destroy using a computer or other similar information and communication devices,
without the knowledge and consent of the owner of the computer or information and
communication system, including the introduction of computer viruses and the like, resulting in
the corruption, destruction, alteration, theft or loss of electronic data messages or electronic
documents shall be punished by a minimum ne of One hundred thousand pesos (P100,000.00)
and a maximum commensurate to the damage incurred and a mandatory imprisonment of six (6)
months to three (3) years;
b)(33) Piracy or the unauthorized copying, reproduction, dissemination, distribution, importation,
use,
removal,
alteration,
substitution,
modi cation,
storage,
uploading,
downloading,
communication, making available to the public, or broadcasting of protected material, electronic
signature or copyrighted works including legally protected sound recordings or phonograms or
information material on protected works, through the use of telecommunication networks, such
as, but not limited to, the internet, in a manner that infringes intellectual property rights shall be
https://www.officialgazette.gov.ph/2000/06/14/republic-act-no-8792-s-2000/
17/20
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents