DOJ: Use of leaked poll data illegal

MANILA, Philippines – The Department of Justice (DOJ) has warned against the illegal use of voters’ data recently stolen by hackers from the database of the Commission on Elections (Comelec).

Acting Justice Secretary Emmanuel Caparas warned that the use of stolen data by the hackers or any third party is punishable by law.

Caparas led an inter-agency meeting on the Comelec database leak.

“It’s a case of stolen information. Everything that does not belong to you must be returned to the rightful owner. And if you’re going to use it, send it, transact with it in the meantime, then that’s illegal,” Caparas stressed.

Caparas added any transaction committed using the stolen information on individual voters would also be illegal, citing the legal principle of the “fruit of the poisonous tree” that prohibits use of documents or evidence obtained through unlawful means.

He gave assurance that the authorities would be able to trace those liable for the passing of the leaked information.

Caparas though admitted it is very difficult at this point to speculate as to what could be done with the individual data of voters.

“Our job right now is to take a look at the extent of the compromise of the data and to find out how we could minimize its ill effects,” he said.

Caparas also stressed government agencies would make sure the database leak would not compromise the elections on May 9.

“The Comelec assures us there is such a guarantee (that there will be no compromise on the integrity of the elections). On the end of the DOJ, we want to make sure that anything else that might result from this is kept at a minimum,” he said.

Caparas would not reveal details of their meeting and only hinted the government agencies involved have been working on this issue for “investigative and prosecutorial purposes.”

He also revealed foreign agencies are helping hunt down those responsible for the hacking of the Comelec database system.

“We all know that cybercrime is borderless. There are no physical borders here, so this is something that can happen in one place and affect the rest of the international community… They operate in many geographic locations simultaneously. This is something that needs to be addressed on a wider scale and we are thankful to the agencies that have offered to assist us,” the official said.

Caparas admitted that cybercrimes like hacking is a big challenge to the government.

“Cybercrime is a worldwide phenomenon; it’s not one thing that we want but it’s there. And, yes, maybe you can call this a learning-as-you-go sort of experience. The whole world is being challenged now by cybercrime. There are laws that allow us to combat this, afford some protection, but it’s an evolving field and as it evolves, we have to evolve with it as well,” he added.

On the other hand, poll watchdog National Citizen’s Movement for Free Elections (Namfrel) said Comelec should be held accountable for the leak.

Namfrel secretary general Eric Alvia said Comelec had earlier given assurance that the hacking of its database will not affect the May 9 polls.

“This is a matter that will have to be dealt with in the very near future as a possible violation of the Data Privacy Act,” he added.

According to Alvia, the “data leak could have long-lasting effects in the future.”

“Lawyers and experts in the field of information security have opined that the data leak has exposed more than 54 million registered voters to risks of identity theft, harassment, fraud and scams in both cyberspace and the physical world. Their detailed personal information and sensitive personal information are now available online,” he said.

Alvia added the Comelec needs to focus on the coming elections even as it exerts efforts to address issues emerging from the data leak. – With Sheila Crisostomo