RA 10173

RA 10173

AN ACT PROTECTING INDIVIDUAL

PERSONAL INFORMATION IN

INFORMATION AND COMMUNICATIONS

SYSTEMS IN THE GOVERNMENT AND THE

PRIVATE SECTOR, CREATING FOR THIS

PURPOSE A NATIONAL PRIVACY

COMMISSION, AND FOR OTHER

PURPOSES

SECTION 1

. Short Title. - This Act shall be

known as the "Data Privacy Act of 2012".

SECTION 2

Declaration of Policy. - It is the

policy of the State to protect the

fundamental human right of privacy, of communication while ensuring free flow of information to promote innovation and growth. The State recognizes the vital role of information and communications

technology in nation-building and its

inherent obligation to ensure that

personal information in information and communications systems in the

government and in the private sector are secured and protected.

SECTION 3

. Definition of Terms. - Whenever used in this Act, the following terms shall have the respective meanings

hereafter set forth:

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 shall be evidenced by written, electronic or recorded means. 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 Communications 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

refers to any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information.

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.

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.

Processing

refers to any operation or any set of operations performed upon

personal information including, but not limited to, the collection, recording, organization, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction of data.

Privileged information

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

(1) About an individual's race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations;

(2) About an individual's health, education, genetic or sexual life of a person, 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;

(3) Issued by government agencies 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; and

(4) Specifically established by an executive order or an act of Congress to be kept classified.

Sensitive personal information refers to personal information:

SECTION 12

Criteria for Lawful Processing of Personal Information.

SECTION 4

Scope. - This Act applies to the

processing of all types of personal

information and 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: Provided, That the requirements of Section 5 are complied with.

SECTION 5

Protection Afforded to Journalists and Their Sources. - Nothing in this Act shall be construed as to have amended or repealed the provisions 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.

SECTION 6

Extraterritorial Application. - This Act applies to an act done or practice engaged in and outside of the Philippines by an entity if:

SECTION 7

Functions of the National Privacy

Commission. - To administer and implement the provisions of this Act, and to monitor and ensure compliance of the country with international standards set for data protection, there is hereby created an independent body to be known as the National Privacy Commission

SECTION 8

Confidentiality. - The Commission shall ensure at all times the confidentiality of any personal information that comes to its

knowledge and possession.

SECTION 9

Organizational Structure of the Commission. - The

Commission shall be attached to the Department of Information

and Communications Technology (DICT) and shall be headed by a

Privacy Commissioner, who shall also act as Chairman of the

Commission. The Privacy Commissioner shall be assisted by two (2)

Deputy Privacy Commissioners, one to be responsible for Data

Processing Systems and one to be responsible for Policies and

Planning. The Privacy Commissioner and the two (2) Deputy Privacy

Commissioners shall be appointed by the President of the

Philippines for a term of three (3) years, and may be reappointed for

another term of three (3) years. Vacancies in the Commission shall

be filled in the same manner in which the original appointment was

made.

SECTION 10

The Secretariat. - The Commission is

hereby authorized to establish a Secretariat. Majority of the members of the Secretariat must

have served for at least five (5) years in any agency of the government that is involved in the processing

of personal information including, but not limited to, the following offices: Social Security System (SSS), Government Service Insurance System (GSIS), Land Transportation Office (LTO), Bureau of Internal Revenue (BIR), Philippine Health Insurance Corporation (PhilHealth), Commission on Elections (COMELEC), Department of Foreign Affairs (DFA), Department of Justice (DOJ), and Philippine Postal

Corporation (Philpost).

SECTION 11

General Data Privacy Principles. - The

processing of personal information shall be allowed, subject to compliance with the requirements of this Act and other laws allowing disclosure of information to the

public and adherence to the principles of transparency,

legitimate purpose and proportionality.

SECTION 13

Sensitive Personal Information and Privileged Information.

SECTION 16

Rights of the Data Subject.

SECTION 14

Subcontract of Personal Information. - A personal information controller

may subcontract the processing of personal information: Provided, That the personal information controller shall be responsible for ensuring that proper safeguards are in place to ensure the confidentiality of the personal information processed, prevent its use for unauthorized purposes, and generally, comply with

the requirements of this Act and other laws for processing of personal information. The personal information processor shall comply with all the requirements of this Act and other applicable laws.

SECTION 15

Extension of Privileged Communication. - Personal information controllers

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.

SECTION 17

Transmissibility of Rights of the Data Subject. - The lawful heirs and

assigns of the data subject may invoke the rights of the data subject for, which he or she is an heir or assignee at any time after the death of the data subject or when the data subject is incapacitated or incapable of exercising the rights as enumerated in the immediately preceding section.

SECTION 18

Right to Data Portability. - The data subject shall have the right,

where personal information is processed by electronic means and in a structured and commonly used format, to obtain from the personal

information controller a copy of data undergoing processing in an electronic or structured format, which is commonly used and allows for further use by the data subject. The Commission may specify the electronic format referred

to above, as well as the technical standards, modalities and procedures for their transfer.

SECTION 19

Non-Applicability. - The immediately preceding sections

are not applicable 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: Provided, That the personal

information shall be held under strict confidentiality and shall be

used only for the declared purpose. Likewise, the immediately

preceding sections are not applicable to processing of personal

information gathered for the purpose of investigations in relation

to any criminal, administrative or tax liabilities of a data subject.

SECTION 20

Security of Personal Information.

SECTION 21

Principle of Accountability. - Each personal information controller is responsible for personal information under its control or custody, including information that have been

transferred to a third party for processing, whether domestically or internationally, subject to

cross-border arrangement and cooperation.

SECTION 22

Responsibility of Heads of Agencies

SECTION 23

Requirements Relating to

Access by Agency Personnel to

Sensitive Personal Information.

SECTION 24

Applicability to Government Contractors

SECTION 25

Unauthorized Processing of

Personal Information and Sensitive Personal Information.

SECTION 26

Accessing Personal Information and Sensitive Personal Information Due to

Negligence.

SECTION 27

Improper Disposal of Personal Information and Sensitive Personal Information.

SECTION 28

. Processing of Personal Information and Sensitive Personal Information for Unauthorized Purposes.

SECTION 29

Unauthorized Access or Intentional Breach

SECTION 30

. Concealment of Security Breaches Involving Sensitive

Personal Information.

SECTION 31

. Malicious Disclosure.

SECTION 32

. Unauthorized Disclosure.

SECTION 33

Combination or Series of Acts.

SECTION 34

. Extent of Liability.