CpE Laws and Professional Practice

RA 9239 – Optical Media Act 2003

Republic Act 9239, also known as the Optical Media Act of 2003, is a Philippine law that regulates the
manufacture mastering, replication, importation, and exportation of optical media in all forms. The law
was enacted to protect intellectual property rights and to promote economic growth and public interest.

The Optical Media Act of 2003 creates the Optical Media Board (OMB), which is responsible for
implementing and enforcing the law. The OMB is also responsible for issuing licenses to optical media
manufacturers, replicators, importers, and exporters.

The law also prohibits the following acts:

• Manufacturing, mastering, or replicating optical media without a license from the OMB.
• Importing or exporting optical media without a license from the OMB
• Selling, distributing, or renting optical media that are in violation of the law
• Knowing possessing optical media that are in violation of the law
Penalties for violating the Optical Media Act of 2003 include imprisonment for up to 10 years or a fine
up to 10 million pesos or both. The Optical Media Act has been successful in reducing the piracy of
optical media in the Philippines. However, there are still some challenges to implementing the law, such
as the proliferation of online piracy and the difficulty of tracking down counterfeit optical media.

Here are all the sections of RA 9239, the Optical Media Act of 2003:

distributors of optical media; to inspect optical

media manufacturing facilities; and to seize
Section 1. Short Title. This section states that
counterfeit optical media.
the Act may be cited as the "Optical Media Act
of 2003." Section 5. Licenses. This section sets forth the
requirements for obtaining and maintaining a
Section 2. Policy. This section declares the policy
license to manufacture, import, export, or
of the State to ensure the protection and
distribute optical media.
promotion of intellectual property rights and to
regulate the manufacture, mastering, Section 6. Prohibited Acts. This section prohibits,
replication, importation, and exportation of among other things, the following:
optical media.
Mastering, manufacturing, replicating, or
Section 3. Definitions. This section defines key duplicating optical media without a license from
terms used in the Act, such as "optical media," the OMB.
"mastering," "replication," "duplication," and
Selling, renting, distributing, importing, or
"counterfeit optical media."
exporting counterfeit optical media.
Section 4. Reorganization. This section
Possessing counterfeit optical media with the
reorganizes the Optical Media Board (OMB) and
intent to profit.
vests it with additional powers and functions,
including the power to issue licenses to
manufacturers, importers, exporters, and
Section 7. Powers and Functions of the OMB. Section 10. Intellectual Property Rights. This
This section enumerates the powers and section reaffirms the protection of intellectual
functions of the OMB, including the power to: property rights under the Act.

Issue, suspend, or revoke licenses; Inspect
optical media manufacturing facilities; Seize
counterfeit optical media; Conduct
investigations and file charges against violators
of the Act; Impose administrative penalties on
violators of the Act.
Section 8. Administrative Proceedings. This
section sets forth the procedures for
administrative proceedings before the OMB.
Section 9. Criminal Offenses and Penalties. This
section provides for criminal penalties for
violations of the Act, including imprisonment
and a fine.
Examples:
Section 11. Implementing Rules and Regulations.
This section authorizes the OMB to promulgate
implementing rules and regulations for the Act.
Section 12. Appropriations. This section
authorizes the appropriation of funds necessary
to carry out the provisions of the Act.
Section 13. Separability Clause. This section
states that if any provision of the Act is declared
invalid, the remaining provisions shall remain in
full force and effect.
Section 14. Repealing Clause. This section
repeals all laws, decrees, orders, rules, and
regulations inconsistent with the Act.
Section 15. Effectivity. This section states that
the Act shall take effect 15 days after its
publication in the Official Gazette.

Article: Optical Media Board Destroys P63-M pirated DVDs, CDs

Content: In 2019, the Optical Media Board (OMB) and the Philippine National Police (PNP) raided a
manufacturing facility in Laguna, Philippines, that was producing counterfeit optical media. The raid was
the result of a month-long investigation by the OMB and the PNP. The raid resulted in the seizure of a
large quantity of counterfeit optical media, as well as the arrest of the owner and several employees of
the manufacturing facility. The owner and employees were charged with violating the Optical Media Act
of 2003.

Violated section: The owner and employees of the manufacturing facility violated Section 19(a)(1) of the
Optical Media Act of 2003, which prohibits mastering, manufacturing, replicating, or duplicating optical
media without the necessary licenses from the OMB.

Section 19(a)(2) - Engaging in the sale, rental, distribution, importation, exportation of, or any other
commercial activity involving optical media that are in violation of this Act.

Section 19(b)(1) - Knowingly possessing items of the same content or title, produced in violation of this
Act, and used for the purpose of sale, rental, distribution or any other commercial purpose with the
intent to profit.

Penalty: The penalty for violating the Optical Media Act of 2003 in the Philippines is up to 10 years in
prison and/or a fine of up to P10 million.

Reference:https://www.sunstar.com.ph/article/1783391/davao/local-news/optical-media-
boarddestroys-p63-m-pirated-dvds-cds
 Article: OMB Raids Warehouse in Quezon City, Seizes Counterfeit Optical Media

Content: In 2018, the Optical Media Board (OMB) raided a warehouse in Quezon City, Philippines, and
seized a large quantity of counterfeit optical media. The counterfeit optical media included pirated DVDs
of movies, TV shows, and video games. The OMB also arrested the owner of the warehouse on charges
of violating the Optical Media Act of 2003. The raid by the OMB was a significant victory in the fight
against optical media piracy in the Philippines. It showed that the OMB is committed to enforcing the
Optical Media Act of 2003 and protecting intellectual property rights.

Violated section: The owner of the warehouse violated Section 19(a)(2) of the Optical Media Act of
2003, which prohibits commercial activity involving counterfeit optical media.

Penalty: The owner of the warehouse could be sentenced to up to 10 years in prison and/or fined up to
P10 million for violating the Optical Media Act of 2003.

Reference: https://m.facebook.com/24OrasGMA/posts/949038285180231/

Article: OMB Files Charges Against Online Piracy Ring, Seizes Over 100,000 Counterfeit Optical Media

Content: In 2021, the OMB filed charges against a group of individuals for violating the Optical Media Act
of 2003. The individuals were accused of operating an online piracy website where they sold counterfeit
optical media. The OMB's investigation revealed that the individuals had sold over 100,000 counterfeit
optical media to customers all over the Philippines.

Violated section: The group of individuals violated Section 19(a)(2) of the Optical Media Act of 2003,
which prohibits commercial activity involving counterfeit optical media.

Penalty: The charges against the individuals were filed in the Regional Trial Court of Quezon City. If
convicted, the individuals could face up to 10 years in prison and a fine of up to P10 million. Reference:
https://www.pna.gov.ph/articles/1141343

Article: OMB Files Case Against Manila Retailer for Selling Counterfeit Optical Media

Content: In 2022, the OMB filed a case against a retailer in Manila, Philippines, for selling counterfeit
optical media. The case was filed after the OMB received a complaint from a copyright holder. The
OMB's investigation revealed that the retailer had been selling counterfeit optical media for several
months. The retailer was also found to be operating without a license from the OMB.

Violated section: The retailer violated Section 19(a)(2) of the Optical Media Act of 2003, which prohibits
commercial activity involving counterfeit optical media.

Penalty: The case against the retailer was filed in the Metropolitan Trial Court of Manila. If convicted,
the retailer could face up to six months in prison and a fine of up to P20,000.

Reference: https://mb.com.ph/2022/05/27/firms-accelerate-efforts-vs-counterfeiting-piracy/
RA 10173 – Data Privacy Act of 2012
Republic Act 10173, also known as the Data Privacy Act of 2012, is a law that seeks to protect the
privacy of individuals in the Philippines. The law applies to all personal information that is collected,
processed, or stored by both the government and the private sector. The law defines personal
information as any information that can be used to identify an individual, either directly or indirectly.
This includes information such as name, address, contact information, date of birth, social security
number, and financial information.

The Data Privacy Act of 2012 requires organizations to obtain the consent of individuals before
collecting, processing, or storing their personal information. Organizations must also take steps to
protect the personal information they collect from unauthorized access, disclosure, modification, or
destruction. Individuals have the right to access their personal information, to correct any inaccurate or
incomplete information, and to have their personal information deleted. Individuals also have the right
to object to the processing of their personal information for certain purposes. The Data Privacy Act of
2012 is enforced by the National Privacy Commission (NPC). The NPC has the power to investigate
complaints and to impose penalties on organizations that violate the law.

Here are all the sections of RA 10173, the Data Privacy Act of 2012:

Section 1. Short Title - This section states that Section 6. Extraterritorial Application - This
the Act may be cited as the "Data Privacy Act of section states that the Act applies to personal
2012." information of individuals who are Philippine
citizens or residents, regardless of where the
Section 2. Policy - This section declares the
processing or storage of the information takes
policy of the State to protect the fundamental
place.
human right of privacy and to regulate the
processing of personal information. Section 7. The National Privacy Commission -
This section creates the National Privacy
Section 3. Definitions - This section defines key
Commission (NPC) and vests it with the power
terms used in the Act, such as "personal
to enforce the Act.
information," "processing," and "sensitive
personal information." Section 8. Powers and Functions of the National
Privacy Commission - This section enumerates
Section 4. Scope - This section states that the
the powers and functions of the NPC, including
Act applies to all personal information
the power to investigate complaints, to issue
processed or stored by both the government
cease and desist orders, and to impose penalties
and the private sector, regardless of the location
for violations of the Act.
of the processing or storage.
Section 9. Enforcement and Administration -
Section 5. Protection Afforded to Journalists and
This section sets forth the procedures for
Their Sources - This section protects journalists
enforcing the Act, including the procedures for
and their sources from being compelled to
filing complaints and conducting investigations.
disclose personal information without their
consent.
Section 10. Administrative Proceedings - This
section sets forth the procedures for
administrative proceedings before the NPC.
Section 11. Criminal Offenses and Penalties -
This section provides for criminal penalties for
violations of the Act, including imprisonment
and a fine.
Section 12. Data Processing Principles - This
section sets forth the principles that must be
followed when processing personal information,
such as the principle of transparency and the
principle of data security.
Section 17. Security of Personal Information -
This section requires organizations to take steps
to protect personal information from
unauthorized access, disclosure, modification, or
destruction.
Section 18. Cross-Border Data Flows - This
section sets forth the requirements for
crossborder data flows.
Section 19. Notification of Data Breaches - This
section requires organizations to notify the NPC
and affected individuals in the event of a data
breach.

Section 13. Data Privacy Impact Assessment -
This section requires organizations to conduct a
data privacy impact assessment before
processing sensitive personal information.
Section 14. Rights of Data Subjects - This section
enumerates the rights of data subjects, such as
the right to access their personal information
and the right to have their personal information
deleted.
Section 15. Obligations of Personal Information
Controllers and Processors - This section sets
forth the obligations of personal information
controllers and processors, such as the
obligation to obtain the consent of data subjects
before processing their personal information.
Section 16. Transfer of Personal Information -
This section sets forth the requirements for
transferring personal information outside of the
Philippines.
Section 20. Redress Mechanisms - This section
provides for redress mechanisms for data
subjects whose rights have been violated.
Section 21. Implementing Rules and Regulations
- This section authorizes the NPC to promulgate
implementing rules and regulations for the Act.
Section 22. Appropriations - This section
authorizes the appropriation of funds necessary
to carry out the provisions of the Act.
Section 23. Separability Clause - This section
states that if any provision of the Act is declared
invalid, the remaining provisions shall remain in
full force and effect.
Section 24. Repealing Clause - This section
repeals all laws, decrees, orders, rules, and
regulations inconsistent with the Act.
Section 25. Effectivity - This section states that
the Act shall take effect 15 days after its

publication in the Official Gazette.

Examples:

Article: SM Store Violates Data Privacy Act by Collecting Personal Information Without Consent

Content: The National Privacy Commission (NPC) has found that SM Store violated the Data Privacy Act
of 2012 (RA 10173) by collecting the personal information of customers without their consent. In a
complaint filed with the NPC, a customer alleged that SM Store had collected his personal information,
including his name, address, contact information, and birth date, when he purchased a birth certificate
from the store's customer service center. The customer claimed that he was not asked for his consent
before his personal information was collected. The NPC investigated the complaint and found that SM
Store had violated Section 12(a) of RA 10173, which prohibits the processing of personal information
without the consent of the data subject. The NPC ordered SM Store to delete the customer's personal
information and to pay the customer damages.

Violated section: Section 12(a) of RA 10173 states: "It shall be unlawful for any person to process
personal information without the consent of the data subject."

Penalty: The NPC may impose a fine of up to PHP 5,000,000 and/or imprisonment of up to six years on
any person who violates RA 10173.

Reference: https://www.privacy.gov.ph/data-privacy-act/

Article: Food Delivery App Violates Data Privacy Act by Selling Customer Data to Third-Party Advertisers

Content: The National Privacy Commission (NPC) has found that a popular food delivery app violated the
Data Privacy Act of 2012 (RA 10173) by selling customer data to third-party advertisers without their
consent. In a complaint filed with the NPC, a customer alleged that the food delivery app had sold his
personal information, including his name, address, contact information, and order history, to third-party
advertisers. The customer claimed that he was not asked for his consent before his personal information
was sold.

Violated section: Section 12(b) of RA 10173 states: "It shall be unlawful for any person to transfer
personal information to a third party without the consent of the data subject."

Penalty: The NPC may impose a fine of up to PHP 5,000,000 and/or imprisonment of up to six years on
any person who violates RA 10173.

Reference: https://www.privacy.gov.ph/data-privacy-act/

Article: Healthcare Provider Violates Data Privacy Act by Exposing Patient Records

Content: The National Privacy Commission (NPC) has found that a healthcare provider violated the Data
Privacy Act of 2012 (RA 10173) by exposing the medical records of patients. In a complaint filed with the
NPC, a patient alleged that the healthcare provider had exposed his medical records to other patients
and staff members. The patient claimed that he had seen his medical records on a computer screen in a
waiting room and that he had heard other patients discussing his medical records with staff members.

Violated section: Section 12(c) of RA 10173 states: "It shall be unlawful for any person to disclose
personal information without the consent of the data subject."

Penalty: The NPC may impose a fine of up to PHP 5,000,000 and/or imprisonment of up to six years on
any person who violates RA 10173.

Reference: https://www.privacy.gov.ph/data-privacy-act/