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The right to be notified of data breach incidents

Consumer personal data has played an increasingly pivotal role in many markets and economies.
Companies like Grab and Air BnB have grown their respective businesses not by acquiring tangible properties but by banking on information given to them by their clienteles. This palpable importance of consumer data has given credence to the prevalent belief that information is now the modern currency in this rapidly changing digital world. Corollary to this, the need to protect vital information has also been put to fore amidst a mounting trend of cybercrimes including identity theft and online vexations.
Republic Act No. 10173 or the Data Privacy Act of 2012 (DPA) lays down the privacy principles and the rights of the data subjects to protect consumer information in the hands of companies that process or control these data — the personal information processor (PIP) or personal information controller (PIC). The task is charged upon the National Privacy Commission (NPC) which shall ensure that data subjects enjoy the following rights:

• To be informed that their personal data shall be, is being or has been processed, including the existence of their rights;

• To object or withhold consent to processing in case of any amendment to the information supplied to them;

• To request access to the details of their personal data being processed;

• To rectify or dispute any inaccuracy in their personal data;

• To erase or order the blocking of their personal data under certain grounds;

• To be indemnified when they sustain damages on account of inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of personal data;

• To obtain a copy of their personal data in an electronic or structured format to allow further use (called the Right to Data Portability); and

• To lodge a complaint before the NPC in cases of violation of these enumerated rights.

In addition to the list, which is particularly significant during data breach incident, is the “right” of the data subject to be notified by the PIC concerned when data breach occurs. As provided in NPC Circular No. 16-03 (“Circular”) on Personal Data Breach Management, the affected data subjects have to be notified by the concerned PICs within seventy two (72) hours from discovery when personal information about their race, ethnic origin, marital status, age, religious or political affiliations, matters about their health, education, genetic record, social security numbers and the like is believed to be acquired by an unauthorized person and would likely therefore give rise to a real risk of serious harm to the data subjects.
This notification must include, in general, the nature of the breach, the information involved, measures taken to address the breach, and details of the person who may be contacted for more information. Aside from being alerted of the breach, data subjects should be provided with instructions on how to further mitigate the dangers arising from the breach. Such simple actions as changing passwords or PINs and reporting possible data-related suspicious transactions become helpful in these scenarios.
Interestingly though, this right to be notified is not discussed under the chapter on the Rights of the Data Subject in the DPA and is more thoroughly discussed in an NPC circular such that oftentimes, data subjects and even the PICs become unaware of this right and its corresponding obligations.
Another aspect that makes compliance a challenge, especially for PIP and PIC, is to determine when a certain event is a security incident or a data breach. Take note that the right of the data subject to be notified only pertains to data breaches. The Circular defines personal data breach as a “breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise processed…in a nature of: an availability breach…, integrity breach…, confidentiality breach.”
However, there are also security incidents defined as “an event or occurrence that affects or tends to affect data protection, or may compromise the availability, integrity, and confidentiality of personal data. It shall include incidents that would result to a personal data breach, if not for safeguards that have been put in place.” The interplay of the terms “availability, integrity and confidentiality” in both definitions makes the distinction quite sophisticated for laymen.
The rights of the data subject sits at the core of the DPA. Simplifying the definitions would be helpful in increasing awareness and thereby enforcing such rights.
 
Giancarlo O. Largo is an associate of ACCRA Law’s Cebu Branch
golargo@accralaw.com
(032) 231-1449.

Lawmaker: Anti-Sereno SC justices should decline JBC nominations

An opposition lawmaker on Tuesday said Supreme Court justices who voted to oust Maria Lourdes P.A. Sereno should inhibit themselves from nominations for the next chief justice.
Albay Representative Edcel C. Lagman said in a statement the justices “must decline their respective nominations for the vacant post of Chief Magistrate.”
“They must not profit from their controversial adverse decision against Sereno,” he said.
The Judicial and Bar Council (JBC) has begun the nominations, adding that the five most senior associate justices are automatically nominated.
Acting Chief Justice Antonio T. Carpio and Associate Justices Presbitero J. Velasco, Jr., Teresita L. de Castro, Diosdado M. Peralta, and Lucas P. Bersamin make up the initial roster of nominees.
Ms. de Castro and Messrs. Bersamin and Peralta were among those who voted to oust Ms. Sereno in the quo warranto case filed by Solicitor-General Jose C. Calida.
JBC said the nominations are still subject to a written acknowledgement by the said justices due on July 26. Mr. Carpio had earlier said in an interview with ANC he would decline his nomination.
But on Tuesday, the Integrated Bar of the Philippines (IBP) in a statement said it will nominate Mr. Carpio.
“Carpio is the most senior of all incumbent justices in the Supreme Court and is (the) most qualified to lead and manage the Supreme Court and the entire Philippine judiciary,” IBP president Abdiel Dan E.S. Fajardo said. — Charmaine A. Tadalan and Dane Angelo M. Enerio

Digital transformation for Filipinos

Just last week, the National Information and Communications Technology (ICT) Summit was held, with a good mix of participants from the public and private sectors.
With the theme “Empowering the Filipino through Digital Transformation,” the event showcased the government’s ICT-powered programs. These included the National Cybersecurity Plan, the National Broadband Plan, Free Wi-Fi Access in Public Places, the National Government Portal, and the National ID system. These projects and initiatives show the accelerating adoption of new technologies that would transform the bureaucracy into an efficient, transparent, trusted, and citizen-centered service system.
But with the government’s limited ICT resources and talent, how can it fully roll out these programs? This is where the private sector will need to come in.
The summit showcased a decent number of technologies well aligned with the government’s digital transformation projects. The delegates got a more than adequate download of the latest technologies and trends applicable to the Philippine public-sector environment, including privacy and cybersecurity, artificial intelligence, and a plethora of apps all within the context of the governments Cloud First policy.
The session on the National ID System (NIDS) expectedly got the full attention because of the strategic impact to the most productive sector of the population. The successful rollout of NIDS will spark a chain reaction of game-changing technologies that will enable government and private sector to retool services and processes to more cost-efficient and productivity boosting solutions.
One ID that rules them all would simplify public and private transactions en route to seamless service delivery and consequently, enhanced administrative governance, and ease in doing business. The National ID Bill, which was submitted to the President for signing on May 28, has yet to be either signed into law or lapse into law. A long overdue law still stuck in the bureaucracy.
At the summit, the Philippine Statistics Authority said it already has activities lined up for 2018 as well as long-term plans that would drive the full adoption of the system.
PH flag
Even so, implementation would not be bereft of challenges. The collection and management of data and privacy issues are what can be considered as the most pressing issues, which can make or break the success of the initiative.
Fortunately, these can be addressed by innovative technological solutions. Although it remains to be seen how the government will support this initiative, whether through public-private partnership or other means, this is an area of development that presents an opportunity for the government to increase its potential absorptive capacity.
Connectivity, ubiquity, trust, and interoperability are key to digital transformation. Close collaboration and closer coordination not only within the government but with other stakeholders, such as the academe and industry players, remain to be indispensable in pursuing an effective Philippine ICT Ecosystem. The programs of the government should not be evaluated in isolation but should be viewed in the context of an evolving ecosystem
The DICT’s development of the National ICT Ecosystem Framework hopes to address the following strategic thrusts: participatory e-governance, industry and countryside development, resource sharing and capacity building through ICT, improved public links and connectivity, ICT user protection and information security, and enabling a sustainable ICT environment. It is envisioned for these to bridge the gaps between innovations and policies.
For anyone who has been to a well-developed, hi-tech country, the prosperity and benefits to citizens are obvious.
If we can overcome the bureaucratic and even cultural barriers to change, digital transformation will be the best thing to happen to our country.
To our ICT champions, may the force be with you.
 
Katrina Clemente-Lua is the Executive Director and Policy Lead for ICT, Stratbase ADR Institute.

Sandiganbayan denies Binays’ motion to quash graft case over Makati building project

By Charmaine A. Tadalan
The Sandiganbayan fifth division denied former Vice President Jejomar C. Binay, Sr. and former Makati City Mayor Jejomar Erwin S. Binay, Jr.’s motions to quash cases filed against them over the P1.3-billion Makati Science building.
In separate resolutions promulgated on June 18, the anti-graft court dismissed their motion to junk their graft and falsification of document cases for the lack of merit.
As stated in the resolution, the Sandiganbayan said the elder Binay “has not shown any defect or infirmity apparent on the faces of Information.”
The case stemmed from the construction of the Makati Science building project, which was divided into six phases from 2008 to 2013. The project was awarded to Hilmarc’s Construction for a net cost P1.33 billion.
The Office of the Ombudsman noted this was made possible through the “falsification of bidding documents, suppression of information to prospective bidders, and undue haste in the award of the contracts.”
The investigators also uncovered Invitations to Bid in phases 1, 2, 4, and 5 were fake.
Aside from the Makati Science Building anomaly, the two are also facing pending cases in connection to the Makati carpark project.

CA upholds ruling that led to dismissal of ex-DSWD officials

By Dane Angelo M. Enerio
The Court of Appeals (CA) has affirmed a June 19, 2017 decision by the Office of the Ombudsman which dismissed two officials of the Department of Social Welfare and Development (DSWD) for their involvement in the illegal disbursement of government funds amounting to P8 million from the Priority Development Assistance Fund (PDAF) of Quezon City Congressman Vincent P. Crisologo.
In her 20-page resolution decision dated May 31, CA Special Fifth Division Associate Justice Ma. Luisa Quijano-Padilla upheld the Ombudsman’s ruling against DSWD Undersecretary for General Administration and Support Service Group Mateo G. Montaño and DSWD Protective Services Bureau Assistant Director Pacita D. Sarino but ruled they were guilty of gross neglect of duty and conduct prejudicial to the best interest of the service instead of grave misconduct and serious dishonesty.
The CA was not persuaded by the petitioners’s claim that the release of Mr. Crisologo’s PDAF to non-government organization Kaloocan Assistance Council, Inc. (KACI) was compliant with the internal rules of the DSWD as three officials of the department had already given them unfavorable reviews.
According to the decision, KACI intended to use the funds in implementing projects “consisting of provisions and assistance for medical/hospitalization, transporatation, calamity, death, burial, educational expenses, small-scale livelihood, socio-cultural expenses, small-scale infrastructure assistance as well as other similar financial expenses and projects.”
However, the original Ombudsman investigation discovered KACI falsified documents such as receipts and that some of the financial beneficiaries were political supporters of Mr. Crisologo.
The petitioners were found guilty of gross neglect of duty as they “were in clear violations of the rules and regulations of the COA (Commission on Audit) and the General Appropriations Act.”
Meanwhile, they were found guilty of conduct prejudicial to the best interest of the service “for having shown, at the very least, an appearance of corruption in the government service, as well as a lack of knowledge of law and proper procedure.”
The CA also noted that their “fault lies merely in approving the disbursement of funds based on… falsified and fictitious documents.”
“[I]t is an uncontested fact that KACI had existing unliquidated cash advances at the time it proposed the projects. Thus, it was not qualified for fund transfer. Despite this fact, petitioners… approved the disbursement of funds in favor of KACI,” the court said.
“Accordingly, they are dismissed from government service with all the accessory penalties of cancellation of eligibility, forfeiture of leave credits and retirement benefits, and disqualification for re-employment in the government service,” the CA ruled.
The other respondents in the Ombudsman decision were former DSWD Secretary Esperanza A. Icasas-Cabral, officials Lualhati Pablo, Leonila Hayaha, and Vilma Cabrera as well as KACI President Cenon Mayor.

Robredo, Marcos face P50,000-fine each for violating PET’s sub judice rule

By Dane Angelo M. Enerio
The Presidential Electoral Tribunal (PET) has slapped separate P50,000 fines against Vice President Maria Leonor “Leni” G. Robredo and former senator Ferdinand “Bongbong” R. Marcos, Jr. for violating the court’s sub judice rule, according to a Twitter announcement made by the Supreme Court’s (SC) Public Information Office on Tuesday night.
BusinessWorld previously reported that Ms. Robredo and Mr. Marcos were ordered by the PET on April 10 to explain why they should not be cited in contempt for violating the court’s gag order when they disclosed information about their ongoing election recount to the public.
The court had earlier explained that under the subjudice rule, parties should not discuss information of their ongoing cases.


Ms. Robredo’s chief legal counsel, Romulo B. Macalintal, maintained their camp never released any “sensitive information” to the public and that all their statements were an attempt to correct misinformation being spread by Mr. Marcos’s camp.
The manual poll recount – which started on April 2 – stemmed from Mr. Marcos’s accusations that Ms. Robredo committed electoral fraud to secure her vice presidency win in the 2016 national elections.
Both camps have accused each other of committing “irregularities,” chief among them was Mr. Marcos’s claim that wet ballots and missing audit logs were encountered during the first days of the recount.

Palace forms committee to dialogue with Church

By Arjay L. Balinbin, Reporter
PRESIDENT Rodrigo R. Duterte has formed a committee that would arrange a dialogue between the government and the Catholic Church and other religious groups, Malacañang announced on Tuesday.
In his press briefing in Davao City on Tuesday morning, June 26, Presidential Spokesperson Harry L. Roque, Jr. said Mr. Duterte has assigned him to work with EDSA People Power Commission member Pastor “Boy” Saycon and Foreign Affairs Undersecretary Ernesto C. Abella in arranging talks between religious leaders and the government.
Kahapon lang po ito nadesisyunan ni Presidente, at ngayong araw po nakipag-ugnayan po ako kay Mr. Boy Saycon na simulan na ang proseso para magkaroon na ng dayalogo. Siyempre po, unahin natin sa Simbahang Katolika bagama’t bukas din po ang pinto para sa mga Born Again churches,” Mr. Roque said.
(The President made the decision yesterday, and today I communicated to Mr. Saycon for us to begin the process for the dialogue. Of course, we will start with the Catholic Church, although the door is also open to Born Again churches.)
On June 14, Mr. Roque said the Palace is open to a dialogue with the Catholic Bishops’ Conference of the Philippines (CBCP) to amend the bickering between the President and the Catholic Church. “If they want a dialogue, then the President and the Palace are always open,” he said.
Davao Archbishop and CBCP president Romulo G. Valles, in a phone message to Radio Veritas as reported by the network on Tuesday, said: “That is a most welcome development. To dialogue, to listen to one another, is always good.”
Mr. Duterte’s recent tirades against the Catholic Church and even God were triggered by criticisms of his war on crimes and illegal drugs, the recent killings of priests, and the case of Australian nun Patricia Fox with the Bureau of Immigration (BI).
Sabi nung nabasa ko sa ano (The [paper] I read said), ‘Stop persecuting priests.’ Wala naman akong sinabi (I never said) and I did not…,” he said in a speech on June 13, during the oath taking ceremony for newly promoted personnel of the Philippine National Police, Bureau of Fire Protection, and Bureau of Jail Management and Penology.
In a speech in Cagayan de Oro on Monday, Mr. Duterte said, referring to Sister Fox: “I can take the insult of a garbage collector or a general or a mayor or anybody else for that matter. What I am asking is that when you do it, you [should be] a Filipino. Why? Because you pay my salary.”
For his part, Chief Presidential Legal Counsel Salvador S. Panelo said in an interview with ANC on Tuesday that “it is part of [Mr. Duterte’s] job as President… to articulate his views and his beliefs.”
He also said the President was not “attacking” the Catholic Church.
“That is not attacking…. I beg to disagree, that is not attacking. When you question one’s theory or a particular group, you do not attack — you’re just questioning the logic. He needs explanation. Then it’s for that religion to explain [its] concept,” Mr. Panelo said.

Bello: Regional boards to submit recommendations on wages June 30-July 15

By Gillian M. Cortez
LABOR SECRETARY Silvestre H. Bello III on Tuesday said all regional wage boards will submit their recommendations for wage hikes by July 15 at the latest.
Mr. Bello said earlier last week, as reported by BusinessWorld on Monday, that he was urging the regional boards to submit their wage adjustments by the end of this month or by July 15.
On Tuesday, he said, “By the end of this month, there will be a submission by all our Regional Tripartite Wage(s) (and Productivity) Boards.”
He added, “if (they) can do it by end of June, that’s much better. Pero ang (But the) commitment (is) maximum of July 15.”
“By June 30, ang unang batch (there will be a first batch [of regions that will submit]),” Mr. Bello also said. “Whether they will comply or not, nasa kanila na yun (it’s up to them). Kasi yung iba, (The others, by) July 15.”
“They will submit their recommendation for approval of the wage board,” Mr. Bello also said,
When asked if these boards have declared supervening conditions in their regions, Mr. Bello replied “Mag-de-declare pa lang (They’re just about to declare).”
He cited inflation as one such condition for the wage boards to declare their adjustments, ahead of the year-long period for the wages currently in effect in the regions.
When asked if some regions will declare wage adjustments by next month, Mr. Bello said “Some.”
Mr. Bello said the Department of Labor and Employment is also considering subsidies for the “4.1 million minimum wage earners,” upon Malacañang’s approval.
Isusubmit namin yan (We will submit that),” he said. “Kasama namin ang DSWD saka DoF (Together with the Department of Social Welfare and Development and the Department of Finance).”
Asked how much the beneficiaries will receive, he said “200 a month pero para maramdaman mo (so you can feel it)…. That’s 2,400 [a year].”
Mr. Bello said the proposed subsidy will be for three years.

Labor chief says TV networks, hospitals on next ‘endo’ list

THE DEPARTMENT of Labor and Employment (DoLE) plans to submit by next month a new list of companies engaging in illegal contractualization, including television “networks” and “hospitals.”
Labor Secretary Mr. Silvestre H. Bello III said, “By July, we will come up with another list of those not complying.”
“By the middle of July,” he specified. “We might come out with another Top 20.”
For the next list, Mr. Bello said “We will be going against the (television) networks.”
Pati ospitals (Even hospitals),” he added.
Regarding the first list disclosed some two months earlier, he said, “Partial lang yan (That’s just partial) — 900,000 establishments yan at ilan lang aming mga labor law compliance officers (and how many labor law compliance officers do we have)? Medyo may kahirapan but we are doing our very best (We’re having difficulty but we are doing our very best).”
DoLE has inspected 99,526 companies prior to the release of the first list of companies engaged in labor-only contracting.
When asked about the TV networks, Mr. Bello said, “Kasi may statement si President eh (Because the President, [Rodrigo R. Duterte], had an earlier statement). About ABS-CBN di ba (isn’t it)?”
Asked for an update on the initial list, Mr. Bello said Dole Philippines will be regularizing “7,000” of their workers.
“We are going to Polomolok in South Cotobato for the signing (of a) Memorandum of Agreement for the regularization plan of Dole Philippines,” he said of the company, which placed second in the first list, with a total of 10,521 workers affected. — G.M. Cortez

DFA coordinating with Saudi Arabia in inquiry on hit-and-run death of OFW

THE Department of Foreign Affairs (DFA) on Tuesday said it has coordinated with Saudi authorities in investigating the death of an overseas Filipino worker (OFW) who was hit by a vehicle on June 12.
“We extend our deepest sympathy with the family of our kababayan who died a few days ago from injuries he sustained in a hit-and-run accident in Jeddah,” Foreign Affairs Secretary Alan Peter S. Cayetano said in a statement.
The Philippine Consulate in Jeddah said it has asked Saudi authorities to conduct a thorough investigation of the 51-year-old construction worker from Butuan City, Agusan del Norte, following allegations of his employer’s negligence.
Consul-General Edgar B. Badajos said the OFW died from injuries he sustained four days after he was struck by a vehicle last June 12. He added that the Philippine Consulate will also inquire with the hospital where the OFW died to determine if the employer extended all possible assistance to keep him alive. — Camille A. Aguinaldo

Senators weigh in on drug testing for elected officials

By Camille A. Aguinaldo
SENATORS on Tuesday supported proposals for elected officials to undergo mandatory drug testing.
In a text message to reporters, Senate President Vicente C. Sotto III said he has been calling for such action and recalled including such provisions in Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002.
“SC (Supreme Court) shot it down. I placed in the law a drug test for all candidates for all public offices but it was declared unconstitutional. No need for a law. We can use some provisions of RA 9165 to urge public officials for drug testing,” he said.
For their part, Senators Antonio F. Trillanes IV, Joel J. Villanueva, Francis G. Escudero, and Sherwin T. Gatchalian also expressed support for the proposal. Mr. Trillanes said President Rodrigo R. Duterte should be the first government official to undergo drug testing.
“I’m okay with that. And Duterte himself should be the first (to undergo drug testing) because it seems like he’s on drugs when he speaks and thinks,” Mr. Trillanes said in a text message to reporters.
“Public office is a public trust. Even in penalties, we should have stiffer penalties as public officials,” Mr. Villanueva said in a text message to reporters.
“Since we are strict with the anti-drugs campaign, we should be leading. We can take it from the President all the way down to the kagawads that we make it mandatory before assumption of office,” Mr. Gatchalian told reporters on Monday at the Senate headquarters in Pasay City.
However, Senator Aquilino Martin L. Pimentel III said the government should focus instead on going after those who manufacture or import illegal drugs.
“Go after these big shots….The effort should be to go after these syndicates and big time people involved in the illegal drug trade. Attack the supply of drugs,” he said in a text message to reporters.
The SC in 2008 declared unconstitutional the provisions of RA 9165 requiring mandatory drug testing for candidates vying for national and local elective posts.
The law provides mandatory drug testing only to driver’s license applicants, firearms license and permit to carry firearms applicants, as well as the military, the police and other law enforcers. Random drug testing may be conducted among students in secondary and tertiary schools as well as officers and employees in public and private offices.
Surigao del Norte Rep. Robert Ace S. Barbers, who heads the House committee on dangerous drugs, earlier said elected officials should also undergo mandatory testing aside from elementary students. He said test results should be released to the public. Government officials who tested positive should also be removed from their positions.

The pros and cons of stealing fine art

Ten days ago, a Banksy print valued at about $40,000 was stolen from a Canadian exhibit of the artist’s work. It was a seemingly effortless crime—a man walked in, took the work off the wall, and walked out—but then, most art crimes are. The heavy lifting comes later.
“The main rule is that it’s not that hard to steal art, even from museums, but it’s almost impossible to translate that art into cash,” says Noah Charney, a scholar and author who’s published multiple books on art theft. Paintings can be quickly cut out of frames, and small sculptures can be tucked into bags—even jewelry can be secreted away—but finding a buyer for your art or diamonds is often impossible.
“Criminals don’t understand that, because their knowledge of art crime is based on fiction and films,” Charney says.
There are exceptions, of course, including a much-reported theft from March 2017 when four men from an Arabic-Kurdish crime family in Germany broke into Berlin’s Bode Museum and stole a 221-pound gold coin made by the Canadian Mint. Using DNA testing, the German police managed to hunt down and arrest the men in less than four months (one of them had worked as a security guard in the museum), but the coin was long gone.
The theft was notable, not just because the perpetrators were caught—a rarity in itself—but because they’d allegedly managed to sell what they stole for a significant sum of money.
If art thieves knew how hard it really was to sell the art they’d stolen, Charney says, there would almost certainly be far fewer art thefts.
The Good News (If You’re a Thief)
“We’re very bad at catching art thieves,” says Charney. “We have a very low recovery and prosecution rate: Something like 1.5 percent of cases of art theft see the art recovered and the criminal prosecuted.”
So, should a thief have a buyer waiting in the wings, or simply want a painting or art object for himself, there’s a very good chance he’ll get away with it. Add to that the cachet of being an art thief (“Art’s always been associated with the social elite, so it’s an aspirational thing” to take, Charney explains), and stealing art seems like a pretty good deal.
The Bad News
If you don’t have a buyer before you steal the work, you’re in trouble.
“People assume that they’ll find criminal art collectors,” Charney says, “when in fact, we have very few historical examples—maybe a dozen to 20 who fit the bill.” Keep in mind that many hundreds of art objects are stolen every year. Those, needless to say, are bad odds.
The Worse News
“When people don’t find those criminal buyers, they end up offering stolen stuff to people who look like the criminals they’re expecting to find,” Charney says. “And those people always end up being undercover police.”
In other words, people often steal art thinking they can sell it, realize that it’s not so easy (if it were, everyone who wanted to be a legitimate art dealer would be rich), end up doing a low-key but obviously indiscreet marketing effort to attempt to sell the art, and get caught.
Even if criminals aren’t desperate enough to start hawking their wares to strangers, once they discover that there isn’t a large group of shady businessmen willing to spend “whatever it takes” for a mediocre landscape painting, they fall back on a Plan B: “The backup plan is to ransom it back to the victim, or the insurance company,” Charney explains.
But given that this tactic is a clear sign of desperation, the victim/insurance company is in an almost unassailable negotiating position, which results, at least historically, in the ransom being reported to the police and the criminal getting caught.
“There really is no Plan B,” Charney says. “Unless it’s gold.”
And that leads us to the only real solution for thieves: steal something you can turn into something else, like the gold coin in Berlin. Charney cites the 2004 theft of a bronze sculpture by Henry Moore, valued at about 3 million pounds ($3.98 million).
The sculpture weighed about two tons, “and it was almost certainly chopped up and melted down, then converted to ball bearings,” Charney says. Hertfordshire police determined it was cut up on the night of the heist, moved through various scrap dealers, and shipped abroad. The raw material was worth just about 1,500 pounds.
This might seem like a raw deal to most, but Charney says you should look at it from the thieves’ perspective: “They’re going to say, I worked for three hours in one night and got 1,500 pounds.”
In the case of the Berlin coin theft, the thieves were in a similar position with a much more valuable commodity than bronze. Police suspect that the group melted the coin down and sold the gold for hundreds of thousands of dollars.
“Of course, that’s a fraction of its intact cultural value,” Charney says. “There’s almost never been a criminal who knew about, or cared about, art.” — Bloomberg

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