Ensuring proper use of data

Data, according to one definition, is a collection of facts, numbers, words, observations or other useful information. Through data processing and data analysis, organizations transform raw data points into valuable insights that improve decision-making and drive better business outcomes.

Data, likewise, is defined as a value or set of values representing a specific concept or concepts. Data becomes ‘information’ when analyzed and possibly combined with other data in order to extract meaning, and to provide context. The meaning of data can vary depending on its context.

Data collection is defined as the process of gathering customer data from internal or external data sources and storing it in a single location, such as a data warehouse or data lake to unlock and uncover critical insights about your customers.

According to a Wikipedia definition, in economics, a commodity is an economic good, usually a resource, or something that is useful or valued.

Data, thus, in our modern world has become a valuable commodity, from which digital firms have mined a treasure trove of information to create proprietary algorithms that enable them to more accurately program the marketing of goods and technologies, and even more importantly, in the influential world of social media, shape trends and opinions even in the political sphere.

The issue of data use and governance, in the advent of Artificial Intelligence and digital technology, has now become a key issue as data is seen driving development and is also considered as an effective policy-making instrument to bring about democratic, inclusive governance, according to the recent study released by LIRNEasia, together with the Data for Development Asia Hub or D4DHub, the Open Development Initiative of EWMI, and the Sinar Project, with Disini Law and the Digital Freedom Network collaborating in the preparation of the report’s study on the Philippines.

LIRNEasia is a regional, pro-poor, pro-market think tank based in Colombo, Sri Lanka, and has been active across emerging Asia Pacific since 2004. It supports decentralized innovation, including through competitive markets, to enhance the lives of the poor. LIRNEasia conducts in-depth policy relevant research across a number of sectors, including digital, labor, energy, social protection, disability, education, disasters — among others, to collect data and document regional good practices. It currently conducts research in 15 countries in South, South-East and East Asia. Its mission is to catalyze policy change and solutions through research to improve the lives of people in the Asia Pacific using knowledge, information and technology.

The D4DAsia Synthesis Report reviewed and analyzed laws, policies and initiatives affecting data governance practices in South and Southeast Asia, including recommendations to improve data governance frameworks in the region and beyond.

Seven countries, namely, India, Indonesia, Nepal, Pakistan, Sri Lanka, Thailand and the Philippines, participated in the preliminary study.

The key takeaways for the Philippines were the following:

The Philippine Constitution guarantees the right to information on matters of public concern, but access via the internet remains a hurdle. It also found that there is no synthesis between the Open Data Portal (which promotes open standards or public data) and other government online databases such as the OpenStat of the Philippine Statistics Authority.

The research found that the Philippine government does not have a specific government policy preferring open software and standards, and no such legislation is currently under deliberation. Likewise, it was shown that there are no specific general standards relevant to systems’ interconnectivity, data integration, e-services access and content management — just general principles.

The review found that there is no law comprehensively governing data localization, and that Philippine laws have yet to fully consider the implications of data generated by AI. More importantly, that copyright law specifically recognizes copyright to a “natural person,” but not to works purely generated by non-humans.

According to Prof. Jesus Disini Jr., associate professor, UP College of Law and founder and managing partner of Disini & Disini Law Office, “Our report presents gaps in our county’s strategy on data governance. In highlighting them, we hope to encourage policy-makers and data managers to influence our political leaders to make the necessary legislation to plug these holes soonest.”

Oliver Xavier Reyes, special counsel of Disini & Disini Law Office, stressed that “data is an asset and robust data governance is a key advantage in policy-making, especially in the public sector where decisions could impact one way or the other on people’s lives and their livelihood.”

Founded in 2000, Disini & Disini has been a leader in the TMT field in the Philippines. Members of the firm lobbied for the passage of the E-Commerce Act (2000) and the Internet Transactions Act (2024) and helped draft the implementing rules on behalf of the government. The firm was also instrumental in drafting the Supreme Court’s rules on electronic evidence and the first rules on data privacy in the country. In 2014, the Supreme Court promulgated the landmark case on the Cybercrime Prevention Act titled Disini vs Secretary of Justice where the petition filed by the members of the firm was selected by the court as the most meritorious among 15 others that sought to question the constitutionality of the act. The firm conducts seminars on intellectual property, e-commerce, electronic evidence, data privacy, cybercrime and other related topics.

The Digital Freedom Network is the non-profit think tank of the Disini Law Offices. DFN has participated in the passage of key laws and regulations in the field of Information Technology since 2000. Its experts have rendered crucial research advice on how to best innovate public policy in response to new technologies, working with government agencies such as the Department of Trade and Industry, the Bangko Sentral ng Pilipinas and the Department of Science and Technology and with industry groups such as the FinTech Alliance PH.