As previously noted in the Preservation of Computer Data, the obligation to preserve traffic data, subscriber’s information, and content data does not equate to an obligation to disclose the data. A warrant must be secured to authorize the disclosure of the computer data. This is called a Warrant to Disclose Computer Data (WDCD). This is provided under the Rule on Cybercrime Warrants issued by the Supreme Court pursuant to the Cybercrime Prevention Act of 2012 (Republic Act No. 10175).
A WDCD is an order in writing issued in the name of the People of the Philippines, signed by a judge, upon application of law enforcement authorities, authorizing the latter to issue an order to disclose and accordingly, require any person or service provider to disclose or submit subscriber’s information, traffic data, or relevant data in his/her or its possession or control.
CONTENTS OF APPLICATION FOR WDCD
The verified application for a WDCD, as well as the supporting affidavits, shall state the following essential facts:
- 1. The probable offense involved;
- 2. Relevance and necessity of the computer data or subscriber’s information sought to be disclosed for the purpose of the investigation;
- 3. Names of the individuals or entities whose computer data or subscriber’s information are sought to be disclosed, including the names of the individuals or entities who have control, possession or access thereto, if available;
- 4. Particular description of the computer data or subscriber’s information sought to be disclosed;
- 5. Place where the disclosure of computer data or subscriber’s information is to be enforced, if available;
- 6. Manner or method by which the disclosure of the computer data or subscriber’s information is to be carried out, if available; and
- 7. Other relevant information that will persuade the court that there is a probable cause to issue a WDCD.
ISSUANCE AND FORM OF WDCD
If the judge is satisfied that there is probable cause to believe that the facts upon which the application for WDCD exists, he/she shall issue the WDCD, which must be in the form prescribed under the Rule on Cybercrime Warrants.
DISCLOSURE OF COMPUTER DATA
Upon securing a WDCD, the law enforcement authority shall issue an order requiring any person or service provider to disclose or submit subscriber’s information, traffic data or relevant data in his/her or its possession or control within 72 hours from receipt of the order in relation to a valid complaint officially docketed and assigned for investigation and the disclosure is necessary and relevant for the purpose of investigation.
REFUSAL TO COMPLY WITH ORDER
Refusal to comply with the order constitutes obstruction of justice.
Non-compliance with the order to disclose issued by law enforcement authorities shall be deemed non-compliance with the WDCD on which the said order is based, and shall likewise give rise to an action for contempt under Section 2.6 of this Rule.
RETURN ON WDCD; RETAINED COPY
Within 48 hours from implementation or after the expiration of the effectivity of the WDCD, whichever comes first, the authorized law enforcement officer shall submit a return on the WDCD to the court that issued it and simultaneously turn over the custody of the disclosed computer data or subscriber’s information thereto. [See Custody of Computer Data]
It is the duty of the issuing judge to ascertain if the return has been made, and if none, to summon the law enforcement officer to whom the WDCD was issued and require him to explain why no return was made, without prejudice to any action for contempt.
Law enforcement authorities are allowed to retain a copy of the disclosed computer data or subscriber’s information subject of the WDCD which may be utilized for case build-up or preliminary investigation purposes, without the need of any court intervention. However, the details must be kept strictly confidential and that the retained copy shall be labelled as such.
The retained copy shall be turned over upon the filing of a criminal action involving the disclosed computer data or subscriber’s information to the court where such action has been instituted, or if no criminal action has been filed, upon order of the issuing court. [See Destruction of Computer Data]
Upon its turn-over, the retained copy shall always be kept, destroyed, and/or returned together with the computer data or subscriber’s information that was originally turned over to the issuing court under the first paragraph of this Section.
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