MT-Laws Data Privacy

RA 10173 is also known as?

Data Privacy Act of 2012

The Data Privacy Act of 2012 is also known as what RA?

RA 10173

• Protect human right in privacy and of communication, while faving free flow information for innovation and growth

• To ensure that information is secured and protected

RA 10173 (Declaration of Policy)

• Administers and implements the provisions of this Act (RA 10173)

• Ensures compliance of the country for Data Protection

National Privacy Commission (NPC)

The “National Privacy Commission” is attached to which 2 sectors?

Department of Information and Communications Technology

What is the composition of the National Privacy Commission?

○ All lawyers by profession

1. Privacy Commissioner

2. 2 Deputy Privacy Commissioners

The National Privacy Commission (NPC) is headed by a?

Privacy Commissioner

The Privacy Commissioner of the National Privacy Commission (NPC) is assisted by?

2 Deputy Privacy Commissioners:

• 1 for Data Processing

• 1 for Policies and Planning

What are the requirements to be a Privacy Commissioner?

• At least 35 years of age

• Good Moral

• Expert in Information Technology and Data Privacy

How long is the term for a Privacy Commissioner?

3 years, may be reappointed for another 3 years

What are the requirements to be a Deputy Privacy Commissioner?

Expert in Information and Communications Technology and Data Privacy

How long is the term for a Deputy Privacy Commissioner?

3 years, may be reappointed for another 3 years

What are the Data Privacy principles?

• Transparency

• Legitimate Purpose

• Proportionality

This principle means that, data subject must be aware of the nature, purpose, and extent of the processing of his or her personal data

Transparency

This principle means that, the action must be compatible with a declared and specified purpose.

Legitimate Purpose

This principle means that, the means of obtaining data must be adequate, relevant, suitable, necessary, and not excessive in relation to a declared and specified purpose.

Proportionality

An individual, organization, or body that controls the processing of personal data, including instructing another party to process it on their behalf.

Personal information Controller (PIC)

An individual, organization, or body that processes personal data on behalf of a PIC.

Personal Information Processor (PIP)

Identify if PIC OR PIP?

○ A company that collects customer data, a school that maintains student records

PERSONAL INFORMATION CONTROLLER (PIC)

Identify if PIC OR PIP?

○ An IT company that manages a school’s database

PERSONAL INFORMATION PROCESSOR (PIP)