By Chezka Celis
Due to the lockdown and social distancing protocols brought by the pandemic, there has been a shift towards a more digital world. Schools have adopted a virtual learning set-up in order to safely adapt amid the prevailing health crisis. For reasons of security and convenience, online shopping has become increasingly popular for us to purchase a variety of needs and wants. With these, we are to embrace a new normal in terms of communicating and shopping via online platforms. As essential as wearing your face mask, regularly sanitizing hands and practicing social distancing, we should also take necessary precautions in doing our activities over the internet.
Video and Audio Recording
Since classes are now online, it is easier to record anything with our smartphones and laptops. However, one must be careful in doing so especially if there is no consent from the one speaking. Republic Act No. 4200, popularly known as the Anti-Wiretapping Law, punishes any person who, not being authorized by all the parties to any private communication or spoken word, to record, intercept, or secretly overhear any private communication or spoken word when it is unauthorized by the parties in the conversation.[1]
Moreover, possession of any record of the illegally obtained recording of a private communication and replaying an illegal recording for another person or furnishing transcripts of the communication, whether complete or partial, are also punishable. The punishment for this offense is imprisonment of not less than six (6) months or more than 6 years.[2]
Keep in mind that it is important to obtain permission first from the professor and the whole class if they agree to be recorded whether it be an audio or video recording.
Taking Screenshots
To have “proof” that a person said a specific thing, we have developed the habit of taking a screenshot of chat messages. Since chat messages have become our common medium of communication, the question now arises: Is it legal to take screenshots of messages? R.A. No. 4200 is no longer applicable in this case as it governs spoken words only, and there is no law prohibiting the taking of screenshots of chat messages. These can even be admissible as evidence in court provided that the requirements under Republic Act No. 8792, or the Electronic Commerce Act of 2000, are complied with.
Spoken conversations are usually spontaneous while written conversations are more deliberate. Once you send someone a letter, the other person can publish the letter, if they want, because you have created something that you have willingly given to them. Chat messages are akin to letters. Once you have sent your message to the other person, the recipient becomes the owner of such. He may share such message to other people. However, one must still be careful especially when posting screenshots with the intent to defame the person, because there is a law on cyber libel punishing such.
Thus, be careful what you chat because the recipient may easily screenshot it and share it to others, as anyone can easily spill the “tea”
Online Shopping
Online shopping has become increasingly popular since the lockdown because people are forced to stay at home. Here are some reminders for a safer online shopping experience:
Upon receiving the parcel, you can see that the packaging usually contains your name, address, and phone number. Before disposing the packaging, it is important to erase such information by using markers or pens to protect your personal information because such information may be used by people with ill motives to hack your accounts online or commit identity theft.
Moreover, some delivery persons take pictures when the parcel is being received. Be mindful that they are only required to take pictures to prove that the parcel arrived in the destination. It is not necessary to take a picture of your face or body. You may insist that they only take a picture of the parcel on your hand.
Online shopping applications should also observe Republic Act No. 10173 or the Data Privacy Act of 2012. They are not allowed to give your contact details to anyone for purposes other than delivering your packages. If a seller suddenly calls you and offers their products, immediately report it. You should also verify the packages you receive especially when the mode of payment is cash on delivery because there are unscrupulous sellers who send you their products even if you did not order them.
Online classes, shopping, and messaging have become the “new normal” with technology having a major role in our day-to-day affairs. Even after the Coronavirus is contained and the roll-out of vaccines allows us to reintegrate into face-to-face setting, we will continue to utilize the more instant and convenient online mediums for transactions. It is important to be mindful of our actions to prevent any possible criminal or civil liability, and to ensure our safety both in the virtual and physical world.◾
[1] RA No. 4200, Sec. 1.
[2] RA No. 4200, Sec. 2.