The NPC dismissed the complaint against the Comelec and Smartmatic in a decision dated September 22, 2022, but the Comelec said it was only notified about the decision on Tuesday, January 17.
MANILA, Philippines – The National Privacy Commission said the Commission on Elections and software provider Smartmatic were not liable of violating the Data Privacy Act, in connection with a server breach that gripped the electronic voting firm in the run-up to the 2022 elections.
The ruling also recommended prosecution only for certain individuals: the rogue Smartmatic employee who shared his credentials to someone he met via FB Messenger, and that third-party individual who bribed the fired staff.n report claimed that hackers supposedly breached the poll body’s servers. The commission eventually denied this.there really was a data breach, but involving Smartmatic’s servers.
In order for the Comelec and Smartmatic to be held liable, three factors must have been present: a personal data breach occurred, the breach is one that requires notification to the commission, and the person knowingly conceals the fact of such a breach from the commission. Argana, Steward, and other unknown individuals, however, are liable of committing intentional breach or unauthorized access under the Data Privacy Act, the NPC said.
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