Philippine Bar review · Question

Practice question: Lawful Access and Confidentiality

Multiple Choice Medium Jurisprudence

Practice question

An entity has a legal right to use a file for an authorized task but does not own the file. The file owner argues lack of ownership alone conclusively defeats Section 31 access. Which is best?
  1. Only ownership can ever support lawful access.
  2. Every use right automatically permits every unrelated exploitation.
  3. The file becomes public property once used.
  4. Ownership alone is not the statutory test; the established legal use right and authorized task must be considered.
  5. A lawful user automatically owns the identity key.

Legal references

  • RA 8792, Sections 31-32, lawful access and confidentiality: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/3888

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