6: DATA PRIVACY*

Commission

shall refer to the National Privacy Commission created by virtue of this Act

Consent of the data subject

refers to any freely given, specific, informed indication of will, whereby the data subject agrees to the collection and processing of personal information about and/or relating to him or her

Consent of the data subject

It may also be given on behalf of the data subject by an agent specifically authorized by the data subject to do so

Data subject

refers to an individual whose personal information is processed

Direct Marketing

refers to communication by whatever means of any advertising or marketing material which is directed to particular individuals

Filing system

refers to any act of information relating to natural or juridical persons to the extent that, although the information is not processed by equipment operating automatically in response to instructions given for that purpose, the set is structured, either by reference to individuals or by reference to criteria relating to individuals, in such a way that specific information relating to a particular person is readily accessible. 

Information and Communication System

refers to a system for generating, sending, receiving, storing or otherwise processing electronic data messages or electronic documents and includes the computer system or other similar device by or which data is recorded, transmitted or stored and any procedure related to the recording, transmission or storage of electronic data, electronic message, or electronic document.

Personal information controller

refers to a person or organization who controls the collection, holding, processing or use of personal information, including a person or organization who instructs another person or organization to collect, hold,  process, use, transfer or disclose personal information on his or her behalf.

Exclusions of Personal information controller

1. A person or organization who performs such functions as instructed by another person or organization; and

2. An individual who collects, holds, processes or uses personal information in connection with the individual’s personal, family or household affairs. 

Personal information processor

refers to any natural or juridical person qualified to act as such under this Act to whom a personal information controller may outsource the processing of personal data pertaining to a data subject.

Scope of Application: Applicability

1. The processing of all types of personal information and

2. To any natural and juridical person involved in personal information processing including those personal information controllers and processors who, although not found or established in the Philippines, use equipment that are located in the Philippines, or those who maintain an office, branch or agency in the Philippines subject to the immediately succeeding paragraph.

Scope of Application: Does not apply to (1 to 2)

• Information about any individual who is or was an officer or employee of a government institution that relates to the position or functions of the individual, including:

  • The fact that the individual is or was an officer or employee of the government institution;

  • The title, business address and office telephone number of the individual;

  • The classification, salary range and responsibilities of the position held by the individual; and

  • The name of the individual on a document prepared by the individual in the course of employment with the government;

• Information about an individual who is or was performing service under contract for a government institution that relates to the services performed, including the terms of the contract, and the name of the individual given in the course of the performance of those services;

Scope of Application: Does not apply to (3 to 5)

• Information relating to any discretionary benefit of a financial nature such as the granting of a license or permit given by the government to an individual, including the name of the individual and the exact nature of the benefit;

• Personal information processed for journalistic, artistic, literary or research purposes;

• Information necessary in order to carry out the functions of public authority which includes the processing of personal data for the performance by the independent, central monetary authority and law enforcement and regulatory agencies of their constitutionally and statutorily mandated functions.

  No amendments or repeal to the following laws:

  1. Republic Act No. 1405, otherwise known as the Secrecy of Bank Deposits Act;

  2. Republic Act No. 6426, otherwise known as the Foreign Currency Deposit Act; and

  3. Republic Act No. 9510, otherwise known as the Credit Information System Act (CISA);

Scope of Application: Does not apply to (6 to 7)

• Information necessary for banks and other financial institutions under the jurisdiction of the independent, central monetary authority or Bangko Sentral ng Pilipinas to comply with the CISA and Republic Act No. 9160, as amended, otherwise known as the Anti-Money Laundering Act and other applicable laws; and

• Personal information originally collected from residents of foreign jurisdictions in accordance with the laws of those foreign jurisdictions, including any applicable data privacy laws, which is being processed in the Philippines.

Protection Afforded to Journalists and Their Sources

No amendment or repeal of Republic Act No. 53, which affords the publishers, editors or duly accredited reporters of any newspaper, magazine or periodical of general circulation protection from being compelled to reveal the source of any news report or information appearing in said publication which was related in any confidence to such publisher, editor or reporter

Extraterritorial Application

The Data Privacy Act applied to an act done or practice engaged in and outside of the Philippines by an entity if:

1. The act, practice or processing relates to personal information about a Philippine citizen or a resident;

2. The entity has a link with the Philippines, and the entity is processing personal information in the Philippines or even if the processing is outside the Philippines as long as it is about Philippine citizens or residents such as but not limited to, the following:

   • A contract is entered in the Philippines;

   • A juridical entity unincorporated in the Philippines but has central management and control in the country; and

   • An entity that has a branch, agency, office or subsidiary in the Philippines and the parent or affiliate of the Philippine entity has access to personal information; and

3. The entity has other links in the Philippines such as, but not limited to:

   • The entity carries on business in the Philippines; and

   • The personal information was collected or held

National Privacy Commission

was created to administer and implement the provisions of the Data Privacy Act and to monitor and ensure compliance of the country with international standards set for data protection

Functions of National Privacy Commission (1 to 8)

• Ensure compliance of personal information controllers with the provisions of this Act

• Receive complaints, institute investigations, facilitate or enable settlement of complaints through the use of alternative dispute resolution processes, adjudicate, award indeminity on matters affecting any personal information, prepare reports on disposition of complaints and resolution of any investigation it initiates, and, in cases it deems appropriate, publicize any such report

• Issue cease and desist orders, impose a temporary or permanent ban on the processing of personal information, upon finding that the processing will be detrimental to national security and public interest;

• Compel or petition any entity, government agency or instrumentality to abide by its orders or take action on a matter affecting data privacy;

• Monitor the compliance of other government agencies or instrumentalities on their security and technical measures and recommend the necessary action in prder tp meet minimum standards for protection of personal information pursuant to this Act;

• Coordinate with other government agencies and the private sector on efforts to formulate and implement plans and policis to strengthen the protection of personal information in the country;

• Publish on a regular basis a guide to all laws relating to data protection;

• Publish a compilation of agency system of records and notices, including index and other finding aids;

Functions of National Privacy Commission (9 to 17)

• Recommend to the Department of Justice (DOJ) the prosecution and imposition of penalties provided under the Act;

• Review, approve, reject or require modification of privacy codes voluntarily adhered to by personal information controllers

• Provide assistance on matters relating to privacy or data protection at the request of a national or local agency, a private entity or any person;

• Comment on the implication on data privacy of proposed national or local statutes, regulations or procedures, issue advisory opinions and interpret the provisions of this Act and other data privacy laws;

• Propose legislation, amendments or modifications to Philippine laws on privacy or data protection as may be necessary;

• Ensure proper and effective coordination with data privacy regulators in other countrues and private accountability agents, participate in international and regional initiatives for data privacy protection;

• Negotiate and contract with other data privacy authorities of other countries for cross-border application and implementattion of respective privacy laws;

• Assist Philippine companies doing business abroad to respond to foreign privacy or data protection laws and regulations; and

• Generally perform such acts as may be necessary to facil

Confidentiality

The Commission shall ensure at all times the ______________ of any personal information that comes to its knowledge and possession

Department of Information and Communications Technology

The Commission shall be attached to the __________________ and shall be headed by a Privacy Commissioner, who shall act as Chairman of the Commission

Privacy Commissioner

He/She shall enjoy the benefits, privileges and emoluments equivalent to the rank of Secretary

Deputy Privacy Commissioners

The Privacy Commissioner shall be assisted by 2 ______________

Data Processing Systems, Policies and Planning

The 2 Deputy Privacy Commissioners, one to be responsible for ____________ and one to be responsible for _______________

Deputy Privacy Commissioners

They shall enjoy the benbefits, privileges and emoluments equivalent to the rank of Undersecretary

President of the Philippines

The Privacy Commissioner and the 2 Deputy Privacy Commissioners shall be appointed by the __________________

3 years, 3 years

The Privacy Commissioner and the 2 Deputy Privacy Commissioners have a term of ____ and may be reappointed for another term of _______

Same manner

Vacancies in the Privacy Commissioenr and the 2 Deputy Privacy Commissioners shall be filled in the __________ in which the original appointment was made

Qualifications of the privacy commissioner

• at least 35 years of age

• of good moral character, unquestionable integrity and known probity, and

• a recognized expert in the field of information technology and data privacy

Deputy privacy commissioners

The __________ must be recognized experts in the field of information and communications technology and data privacy

Acts done in good faith in the performance of their duties

The Privacy Commissioner, the Deputy Commissioners, or any person acting on their behalf or under their direction, shall not be civilly liable for ________________

WIllful or negligent acts

The Privacy Commissioner, the Deputy Commissioners, or any person acting on their behalf or under their direction, shall be liable for ____________ done by him or her which are contrary to law, morals, public policy and good customs even if he or she acted under orders or instructions of superiors

5 years

As for the Secretariat, majority of the members of the Secretariat must have served for at least ___________ in any agency of the government

Processing of Personal Information

As for the Secretariat, majority of the members of the Secretariat must have served in any agency of the government that is involved in the ________________ including, but not limited to, the following offices:

• SSS

• GSIS

• LTO

• BIR

• PhilHealth

• COMELEC

• DFA

• DOJ

• Philpost

Processing

refers to any operation or any set of operations performed upon personal information

Processing

This includes but not limited to:

1. Collection,

2. Recording,

3. Organization,

4. Storage

5. Updating Or Modification,

6. Retrieval,

7. Consultation,

8. Use,

9. Consolidation,

10. Blocking,

11. Erasure Or

12. Destruction of data.

General Data Privacy Principles

1. Compliance with the requirements of the Data Privacy Act and other laws allowing disclosure of information to the public and

2. Adherence to the following principles:

   • Principle of Proportionality

   • Principle of Legitimate Purpose

   • Principle of Transparency

Principle of Proportionality

The Processing of Personal data shall be adequate, relevant, suitable, necessary, and not excessive in relation to a declared and specified purpose. Personal Data shall be processed by the Company only if the purpose of the Processing could not reasonably be fulfilled by other means.

Principle of Legitimate Purpose

The Processing of Personal Data by the Company shall be compatible with a declared and specified purpose which must not be contrary to law, morals, or public policy.

Principle of Transparency

The Data Subject must be aware of the nature, purpose, and extent of the Processing of his or her Personal Data by the Company, including the risks and safeguards involved, the identity of persons and entities involved in processing his or her Personal Data, his or her rights as a Data Subject, and how these can be exercised. Any information and communication relating to the Processing of Personal Data should be easy to access and understand, using clear and plain language.

Personal Information

whether recorded in a material form or not, are those from which the identity of an individual:

1. is apparent, or

2. can be reasonably and directly ascertained by the entity holding the information, or

3. when put together with other information would directly and certainly identify an individual

Identity of an individual

Personal informnation, whether recorded in a material form or not, are those from which the __________

Personal Information

Examples: include the Data Owner’s Name, Home address and Phone number

Personal information must be (1 to 3)

• Collected for specified and legitimate purposes determined and declared before, or as soon as reasonably practicable after collection, and later processed in a way compatible with such declared, specified and legitimate purposes only;

• Processed fairly and lawfully;

• Accurate, relevant and, where necessary for purposes for which it is to be used the processing of personal information, kept up to date; inaccurate or incomplete data must be rectified, supplemented, destroyed or their further processing restricted;

Personal information must be (4 to 6)

4. Adequate and not excessive in relation to the purposes for which they are collected and processed;

5. Retained only for as long as necessary for the fulfillment of the purposes for which the data was obtained or for the establishment, exercise or defense of legal claims, or for legitimate business purposes, or as provided by law; and

6. Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the data were collected and processed

Personal information controller

must ensure implementation of personal information processing principles set out herein.

At least one

In Criteria for Lawful Processing of Personal Information, the processing of personal information shall be permitted only if not otherwise prohibited by law, and when ______ of the following conditions exists

Given his or her consent

In Criteria for Lawful Processing of Personal Information

The data subject has _________

Processing of personal information

In Criteria for Lawful Processing of Personal Information

The __________ is necessary and is related to the fulfillment of a contract with the data subject or in order to take steps at the request of the data subject prior to entering into a contract;

Compliance with a legal obligation

In Criteria for Lawful Processing of Personal Information

The processing is necessary for __________ to which the personal information controller is subject;

In Criteria for Lawful Processing of Personal Information

National emergency, requirements of public order and safety

In Criteria for Lawful Processing of Personal Information

The processing is necessary in order to respond to __________, to comply with the ________________, or to fulfill functions of public authority which necessarily includes the processing of personal data for the fulfillment of its mandate; or

Purposes of the legitimate interests

In Criteria for Lawful Processing of Personal Information

The processing is necessary for the _________ pursued by the personal information controller or by a third party or parties to whom the data is disclosed, except where such interests are overridden by fundamental rights and freedoms of the data subject which require protection under the Philippine Constitution.

Privileged Information

refers to any and all forms of data which under the Rules of Court and other pertinent laws constitute privileged communication.

Privileged Information

Examples include:

1. Attorney-client privileged information

2. Doctor-patient privileged information

3. Marital privilege communication

4. Priest-confessor privileged information

Sensitive Personal Information

___________ refers to personal information:

• About an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations;

Individual’s health, education, genetic or sexual life of a person

Sensitive Personal Information refers to personal information:

• About an ____________, or to any proceeding for any offense committed or alleged to have been committed by such person, the disposal of such proceedings, or the sentence of any court in such proceedings;

Issued by government agencies

Sensitive Personal Information refers to personal information:

• ____________ peculiar to an individual which includes, but not limited to, social security numbers, previous or current health records, licenses or its denials, suspension or revocation, and tax returns;

Executive order or an act of Congress

Sensitive Personal Information refers to personal information:

• Specifically established by an ___________ to be kept classified.

Prohibited

The processing of sensitive personal information and privileged information shall be ________, except in the following cases

Given his or her consent

The processing of sensitive personal information and privileged information shall be prohibited, except in the following cases:

• The data subject has _______, specific to the purpose prior to the processing, or in the case of privileged information, all parties to the exchange have given their consent prior to processing;

Provided for by existing laws and regulations

The processing of sensitive personal information and privileged information shall be prohibited, except in the following cases:

The processing of the same is ___________, provided:

• Such regulatory enactments guarantee the protection of the sensitive personal information and the privileged information; and

• The consent of the data subjects are not required by law or regulation permitting the processing of the sensitive personal information or the privileged information;

Protect the life and health

The processing of sensitive personal information and privileged information shall be prohibited, except in the following cases:

The processing is necessary to ________ of the data subject or another person, and the data subject is not legally or physically able to express his or her consent prior to the processing;

To achieve the lawful and noncommercial objectives of public organizations

The processing of sensitive personal information and privileged information shall be prohibited, except in the following cases:

The processing is necessary ________________ and their associations: provided:

• That such processing is only confined and related to the bona fide members of these organizations or their associations;

• That the sensitive personal information are not transferred to third parties; and

• That consent of the data subject was obtained prior to processing;

Purposes of medical treatment

The processing of sensitive personal information and privileged information shall be prohibited, except in the following cases:

The processing is necessary for _____________, is carried out by a medical practitioner or a medical treatment institution, and an adequate level of protection of personal information is ensured; or

Protection of lawful rights and interests of natural or legal persons

The processing of sensitive personal information and privileged information shall be prohibited, except in the following cases:

The processing concerns such personal information as is necessary for the _______________ in court proceedings, or the establishment, exercise or defense of legal claims, or when provided to government or public authority.

Subcontract of Personal Information

A personal information controller may subcontract the processing of personal information.

Personal Information Controller

The _______________ shall be responsible for ensuring that proper safeguards are in place to ensure:

1. The confidentiality of the personal information processed,

2. Prevent its use for unauthorized purposes, and generally,

3. Comply with the requirements of the Data Privacy Act and other laws for processing of personal information.

Personal information processor

The ____________ shall comply with all the requirements of the Data Privacy Act and other applicable laws.

Personal information controller

• may invoke the principle of privileged communication over privileged information that they lawfully control or process.

• Subject to existing laws and regulations, any evidence gathered on privileged information is inadmissible.

Right to Informed Consent, Right to Object, Right to Withhold Consent, Right to Access, Right to Correction, Right to Erasure, Right to Damages, Right to Data Portability

Rights of the Data Subject

Right to Informed Consent

The data subject shall be informed whether personal information pertaining to him or her shall be, are being or have been processed;

Right to Informed Consent

The following information must be provided before the entry of the personal information into the processing system, or at the next practical opportunity:

• Description of the personal information to be entered into the system;

• Purposes for which they are being or are to be processed;

• Scope and method of the personal information processing;

• The recipients or classes of recipients to whom they are or may be disclosed;

• Methods utilized for automated access, if the same is allowed by the data subject, and the extent to which such access is authorized;

• The identity and contact details of the personal information controller or its representative;

• The period for which the information will be stored; and

• The existence of their rights, i.e., to access, correction, as well as the right to lodge a complaint before the Commission.

Right to Object

The data subject shall have the right to object to the processing of his or her personal data, including processing for direct marketing, automated processing or profiling.

Right to Withhold Consent

The data subject shall be notified and given an opportunity to withhold consent to the processing in case of changes or any amendment to the information supplied or declared to the data subject in the preceding paragraph

Without prior notification of data subject

Any information supplied or declaration made to the data subject on these matters shall not be amended _______________

Right to Access

The data subject has reasonable access to, upon demand

Right to Access

• Contents of his or her personal information that were processed;

• Sources from which personal information were obtained;

• Names and addresses of recipients of the personal information;

• Manner by which such data were processed;

• Reasons for the disclosure of the personal information to recipients;

• Information on automated processes where the data will or likely to be made as the sole basis for any decision significantly affecting or will affect the data subject;

• Date when his or her personal information concerning the data subject were last accessed and modified; and

• The designation, or name or identity and address of the personal information controller.

Right to Correction

The data subject shall have the right to dispute the inaccuracy or error in the personal information and have the personal information controller correct it immediately and accordingly, unless the request is vexatious or otherwise unreasonable.

Accessibility of both the new and the retracted information

If the personal information have been corrected, the personal information controller shall ensure the ______________ and the simultaneous receipt of the new and the retracted information by recipients

Right to Erasure

The data subject shall have the right to suspend, withdraw or order the blocking, removal or destruction of his or her personal information from the personal information controller’s filing system upon discovery and substantial proof that the personal information are incomplete, outdated, false, unlawfully obtained, used for unauthorized purposes or are no longer necessary for the purposes for which they were collected.

Right to Damages

The data subject shall be indemnified for any damages sustained due to such inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of personal information.

Right to Data Portability

The right of the data subject to obtain from the personal information controller a copy of data, where personal information is processed:

• by electronic means and

• in a structured and commonly used format.

invoke the rights of the data subject for which he or she is an heir or assignee

The lawful heirs and assigns of the data subject may _______________ at any time after the death of the data subject or when the data subject is incapacitated or incapable of exercising the rights

Non-Applicability of Rights

1. If the processed personal information are used only for the needs of scientific and statistical research and, on the basis of such, no activities are carried out and no decisions are taken regarding the data subject

2. To processing of personal information gathered for the purpose of investigations in relation to any criminal, administrative or tax liabilities of a data subject.

Against any accidental or unlawful destruction, alteration and disclosure

Security of Personal Information

• The personal information controller must implement reasonable and appropriate organizational, physical and technical measures intended for the protection of personal information _______________, as well as against any other unlawful processing.

Against natural dangers

Security of Personal Information

• The personal information controller shall implement reasonable and appropriate measures to protect personal information ___________________ such as accidental loss or destruction, and human dangers such as unlawful access, fraudulent misuse, unlawful destruction, alteration and contamination.

Determination of the appropriate level of security

Security of Personal Information

The_______________ must take into account (1) the nature of the personal information to be protected, (2) the risks represented by the processing, (3) the size of the organization and complexity of its operations, (4) current data privacy best practices and (5) the cost of security implementation.

Safeguards

In the determination of the appropriate level of security, is subject to guidelines as the Commission may issue from time to time, the measures implemented must include:

• ___________ to protect its computer network against accidental, unlawful or unauthorized usage or interferencewith or hindering of their functioning or availability;

Security policy

In the determination of the appropriate level of security, is subject to guidelines as the Commission may issue from time to time, the measures implemented must include:

• A ___________ with respect to the processing of personal information;

Identifying and accessing reasonably foreseeable vulnerabilities

In the determination of the appropriate level of security, is subject to guidelines as the Commission may issue from time to time, the measures implemented must include:

• A process for ______________________ in its computer networks,and for taking preventive, corrective and mitigating action against security incidents that can lead to a security breach; and

Regular monitoring

In the determination of the appropriate level of security, is subject to guidelines as the Commission may issue from time to time, the measures implemented must include:

• _______________ for security breaches and a process for taking preventive, corrective and mitigating action against security incidents that can lead to a security breach.

Third parties

Security of Personal Information

• The personal information controller must further ensure that _________ processing personal information on its behalf shall implement the security measures required by this provision.

Employees, agents or representatives

Security of Personal Information

• The __________________ of a personal information controller who are involved in the processing of personal information shall operate and hold personal information under strict confidentiality if the personal information is not intended for public disclosure.

• This obligation shall continue even after leaving the public service, transfer to another position or upon termination of employment or contractual relations.

Fraud

Security of Personal Information

• The personal information controller shall promptly notify the Commission and affected data subjects when sensitive personal information or other information that may be used to enable identity __________ are reasonably believed to have been acquired by an unauthorized person, and the personal information controller or the Commission believes that such unauthorized acquisition is likely to give rise to a real risk of serious harm to any affected data subject.

Nature of the breach, the sensitive personal information, the measures taken

The notification shall at least describe the ___________________ possibly involved, and ______________ by the entity to address the breach.

72 hours

If there is likelihood of risk to individuals, the data processor must report data breaches within _________.