Practice question
An entity subject to the foreign-state control rule operates a covered critical-infrastructure service and proposes disclosing protected operational data to foreign government agents. It says a lawful preexisting holding permits every such cooperation. Which is best under Section24 and IRR44(e)?
- A preexisting holding always authorizes all data transfers.
- The separate national-security prohibition on data disclosure and assistance must be applied; investment timing does not itself authorize the proposed conduct.
- Only the investor's percentage can ever matter to data disclosure.
- Every foreign-government request automatically overrides Philippine law.
- All operational information becomes public because the investor has capital.
Legal references
- RA 11659, amending CA146, public-utility definition and national-security safeguards: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/94539
- Signed March 20, 2023 implementing rules of RA11659, Sections 5-7 and 32-45: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/97017
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