Data Privacy Act of 2012

DATA PRIVACY ACT

RA Number

RA No. 10173

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.

Consent of the data subject

Refers to an individual whose personal information is processed.

Data subject

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

Direct marketing

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.

Filing 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.

Information and Communications System

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 controller

The term personal information controller excludes:

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.

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.

Personal information processor

DPA applies to:

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.

T or F

True

Does DPA apply to:

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:

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

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

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

d. The name of the individual on a document prepared by the individual in the course of employment with the government

No

Does DPA apply to:

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

No

DPA does not apply to:

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

Yes

DPA does not apply to:

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

Yes

DPA does not apply to:

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.

Yes

Does DPA amend or repeal the ff laws:

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

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

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

No

Does DPA apply to:

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

No

Does DPA apply to:

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.

No

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.

T or F

True

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

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

T or F

True

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

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. A contract is entered in the Philippines;

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

c. 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

T or F

True

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

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

a. The entity carries on business in the Philippines; and

b. The personal information was collected or held by an entity in the Philippines.

T or F

True

The processing of personal information shall be allowed, subject to:

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:

   a. Principle of Proportionality

   b. Principle of Legitimate Purpose

   c. Principle of Transparency

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

12. Destruction of data

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

1. is unapparent, or

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

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

T or F

1. False; apparent

2. True

3. False; directly

Personal information must be:

1. Collected for specified and illegitimate 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;

2. Processed unfairly and unlawfully;

3. 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;

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. Not be 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: Provided, That personal information collected for other purposes may lie processed for historical, statistical or scientific purposes, and in cases laid down in law may be stored for longer periods: Provided, further, That adequate safeguards are guaranteed by said laws authorizing their processing.

T or F

1. False; legitimate

2. False; fairly and lawfully

3. True

4. True

5. True

6. False; Kept

Does the personal information controller must ensure implementation of personal information processing principles set out in the DPA?

Yes

The processing of personal information shall be permitted only if not otherwise prohibited by law, and when at least one of the following conditions exists:

1. The data subject has given his or her consent;

2. The processing of personal information 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;

3. The processing is necessary for compliance with a legal obligation to which the personal information controller is subject;

4. The processing is not necessary to protect vitally important interests of the data subject, including life and health;

5. The processing is necessary in order to respond to national emergency, to comply with the requirements of public order and safety, or to fulfill functions of public authority which necessarily includes the processing of personal data for the fulfillment of its mandate; or

6. The processing is necessary for the purposes of the illegitimate interests 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.

Which are false?

4; necessary, 6; legitimate

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

PRIVILEGED INFORMATION

Refers to personal information about an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations

SENSITIVE PERSONAL INFORMATION

Refers to personal information 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

SENSITIVE PERSONAL INFORMATION

Refers to personal information 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

SENSITIVE PERSONAL INFORMATION

Refers to personal information specifically established by an executive order or an act of Congress to be kept classified

SENSITIVE PERSONAL INFORMATION

The processing of sensitive personal information and privileged information shall be prohibited, except when:

The data subject has given his or her consent, 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

T or F

True

The processing of sensitive personal information and privileged information shall be prohibited, except when:

The processing of the same is provided for by existing laws and regulations, provided:

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

b. The consent of the data subjects are required by law or regulation permitting the processing of the sensitive personal information or the privileged information

T or F

False; (b) not required

The processing of sensitive personal information and privileged information shall be prohibited, except when:

The processing is not necessary to protect the life and health 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

T or F

False; necessary

Sensitive Personal Information and Privileged Information: The processing of sensitive personal information and privileged information shall be prohibited, except when:

The processing is necessary to achieve the lawful and noncommercial objectives of public organizations and their associations: provided:

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

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

c. That consent of the data subject was obtained prior to processing

T or F

True

The processing of sensitive personal information and privileged information shall be prohibited, except when:

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

T or F

True

The processing of sensitive personal information and privileged information shall be prohibited, except when:

The processing concerns such personal information as is necessary for the protection of lawful rights and interests of natural or legal persons in court proceedings, or the establishment, exercise or defense of legal claims, or when provided to government or public authority.

T or F

True

Can a personal information controller subcontract the processing of personal information?

Yes

The personal information controller 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.

Should the personal information processor comply with all the requirements of the Data Privacy Act and other applicable laws?

Yes

May the personal information controllers invoke the principle of privileged communication over privileged information that they lawfully control or process?

Yes

Subject to existing laws and regulations, are any evidence gathered on privileged information inadmissible?

Yes

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

T or F

True

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

a. Description of the personal information to be entered into the system;

b. Purposes for which they are being or are to be processed;

c. Scope and method of the personal information processing;

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

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

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

g. The period for which the information will be stored; and

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

The data subject shall have no right to object to the processing of his or her personal data, including processing for direct marketing, automated processing or profiling.

T or F

False; have right

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

T or F

True

Can any information supplied or declaration made to the data subject on these matters shall not be amended without prior notification of data subject?

If yes, re there any exceptions"?

Yes

XPN: the notification shall not apply should the personal information be needed pursuant to a subpoena or when the collection and processing are for obvious purposes, including when it is necessary for the performance of or in relation to a contract or service or when necessary or desirable in the context of an employer-employee relationship, between the collector and the data subject, or when the information is being collected and processed as a result of legal obligation

Right to Access:

The data subject has reasonable access to, upon demand, the following:

a. Contents of his or her personal information that were processed;

b. Sources from which personal information were obtained;

c. Names and addresses of recipients of the personal information;

d. Manner by which such data were processed;

e. Reasons for the disclosure of the personal information to recipients;

f. 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;

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

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

Shall the data subject 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?

Yes

If the personal information have been corrected, the _________ shall ensure the accessibility of both the new and the retracted information and the simultaneous receipt of the new and the retracted information by recipients thereof: Provided, That the third parties who have previously received such processed personal information shall he informed of its inaccuracy and its rectification upon reasonable request of the data subject

Personal information controller

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. In this case, the personal information controller cannot notify third parties who have previously received such processed personal information

T or F

False; PIC may notify third parties

The data subject shall not be indemnified for any damages sustained due to such inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of personal information.

T or F

False; data subject shall be imdemnified

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

a. by electronic means and

b. in a structured and commonly used format

The Commission may specify the electronic format referred to above, as well as the technical standards, modalities and procedures for their transfer.

Can the lawful heirs and assigns of the data subject 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 of the data subject?

Yes

The rights of a data subject in this Act are not applicable: (2)

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: Provided, That the personal information shall be held under strict confidentiality and shall be used only for the declared purpose; and

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.

The personal information controller must implement reasonable and appropriate organizational, physical and technical measures intended for the protection of personal information against any accidental or unlawful destruction, alteration and disclosure, as well as against any other unlawful processing.

T or F

True

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

T or F

True

The determination of the appropriate level of security 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.

T or F

True

Subject to guidelines as the Commission may issue from time to time, the measures implemented must include:

a. Safeguards to protect its computer network against accidental, unlawful or unauthorized usage or interference with or hindering of their functioning or availability;

b. A security policy with respect to the processing of personal information;

c. A process for identifying and accessing reasonably foreseeable vulnerabilities in its computer networks, and for taking preventive, corrective and mitigating action against security incidents that can lead to a security breach; and

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

The personal information controller is allowed not to ensure that third parties processing personal information on its behalf shall implement the security measures required by this provision.

T or F

False; PIC must further ensure

The employees, agents or representatives 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 are 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.

T or F

False; under strict confidentiality if the personal information are not intended for public disclosure

The personal information controller shall promptly notify the Commission and affected data subjects when sensitive personal information or other information that may, under the circumstances, be used to enable identity fraud 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.

T or F

True

Notification to the Commission:

The notification shall at least describe?

the nature of the breach, the sensitive personal information possibly involved, and the measures taken by the entity to address the breach.

Notification to the Commission:

May notification be delayed?

Yes, only to the extent necessary to determine the scope of the breach, to prevent further disclosures, or to restore reasonable integrity to the information and communications system.

Notification to the Commission:

In evaluating if notification is unwarranted, may the Commission take into account compliance by the personal information controller with this provision and existence of good faith in the acquisition of personal information.

Yes

Notification to the Commission:

May the Commission exempt a personal information controller from notification where, in its reasonable judgment, such notification would not be in the public interest or in the interests of the affected data subjects.

Yes

Notification to the Commission:

May the Commission authorize postponement of notification where it may hinder the progress of a criminal investigation related to a serious breach.

Yes

Period to report:

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

72 hours

What principle?

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.

Principle of Accountability

Who is accountable for complying with the requirements of the Data Privacy Act and shall use contractual or other reasonable means to provide a comparable level of protection while the information are being processed by a third party.

Personal information controller

The personal information controller shall designate an individual or individuals who are accountable for the organization’s compliance with the Data Privacy Act. The identity of the individual(s) so designated shall be made known to any data subject upon request and would be known as the?

Data Protection Officer

All sensitive personal information maintained by the government, its agencies and instrumentalities shall be secured, as far as practicable, with the use of the most appropriate standard recognized by the information and communications technology industry, and as recommended by the Commission.

Who shall be responsible for complying with the security requirements mentioned while the Commission shall monitor the compliance and may recommend the necessary action in order to satisfy the minimum standards?

The head of each government agency or instrumentality

Except as may be allowed through guidelines to be issued by the Commission, no employee of the government shall have access to sensitive personal information on government property or through online facilities unless the employee has received a security clearance from the head of the source agency.

T or F

True

Requirements Relating to Access by Agency Personnel to Sensitive Personal Information:

Off-site Access

Unless otherwise provided in guidelines to be issued by the Commission, sensitive personal information maintained by an agency may not be transported or accessed from a location off government property unless a request for such transportation or access is submitted and approved by the head of the agency in accordance with the guidelines provided in this Act.

Requirements Relating to Access by Agency Personnel to Sensitive Personal Information:

Off-site Access - Guidelines

In the case of any request (transportation or access) submitted to the head of an agency, such head of the agency shall approve or disapprove the request within __________ after the date of submission of the request.

two (2) business days

Requirements Relating to Access by Agency Personnel to Sensitive Personal Information:

Off-site Access - Guidelines

In case there is no action by the head of the agency, then such request (transportation or access) is considered ______

disapproved

Requirements Relating to Access by Agency Personnel to Sensitive Personal Information:

Off-site Access - Guidelines

If a request (transportation or access) is approved, the head of the agency shall limit the access to not more than ____________ at a time

one thousand (1,000) records

Requirements Relating to Access by Agency Personnel to Sensitive Personal Information:

Off-site Access - Guidelines

Any technology used to store, transport or access sensitive personal information for purposes of off-site access approved under this subsection shall be secured by the use of the most secure encryption standard recognized by the ________.

Commission

In entering into any contract that may involve accessing or requiring sensitive personal information from ___________ individuals, an agency shall require a contractor and its employees to register their personal information processing system with the ________ in accordance with the Data Privacy Act and to comply with the other provisions of said Act, in the same manner as agencies and government employees comply with such requirements.

one thousand (1,000) or more; Commission

Unlawful acts and penalties:

Any person who process personal information without the consent of the data subject, or without being authorized under the Data Privacy Act or any existing law.

Unauthorized Processing

• Personal Information

  • Imprisonment: 1 to 3 years

  • Fine: P500,000 - P2,000,000

• Sensitive Personal Information

  • Imprisonment: 3 to 6 years

  • Fine: P500,000 - P4,000,000

Unlawful acts and penalties:

Any person who, due to negligence, provided access to personal information without being authorized under the Data Privacy Act or any existing law.

Access

• Personal Information

  • Imprisonment: 1 to 3 years

  • Fine: P500,000 - P2,000,000

• Sensitive Personal Information

  • Imprisonment: 3 to 6 years

  • Fine: P500,000 - P4,000,000

Unlawful acts and penalties:

Any person who knowingly or negligently dispose, discard or abandon the personal information of an individual in an area accessible to the public or has otherwise placed the personal information of an individual in its container for trash collection.

Improper Disposal

• Personal Information

  • Imprisonment: 6 months to 2 years

  • Fine: P100,000 - P500,000

• Sensitive Personal Information

  • Imprisonment: 1 to 3 years

  • Fine: P100,000 - P1,000,000

Unlawful acts and penalties:

Processing personal information for purposes not authorized by the data subject, or otherwise authorized under this Act or under existing laws

Processing for Unauthorized Purposes

• Personal Information

  • Imprisonment: 1 year and 6 months to 5 years

  • Fine: P500,000 - P1,000,000

• Sensitive Personal Information

  • Imprisonment: 2 to 7 years

  • Fine: P500,000 - P2,000,000

Unlawful acts and penalties:

Any person who knowingly and unlawfully, or violating data confidentiality and security data systems, breaks in any way into any system where personal and sensitive personal information is stored.

Unauthorized Access or Intentional Breach

• Personal Information and Sensitive Personal Information

  • Imprisonment: 1 to 3 years

  • Fine: P500,000 - P2,000,000

Unlawful acts and penalties:

Any person who, after having knowledge of a security breach and of the obligation to notify the Commission, intentionally or by omission conceals the fact of such security breach.

Concealment of Security Breaches Involving Sensitive Personal Information

• Sensitive Personal Information

  • Imprisonment: 1 year and 6 months to 5 years

  • Fine: P500,000 - P1,000,000

Unlawful acts and penalties:

Any personal information controller or personal information processor or any of its officials, employees or agents, who, with malice or in bad faith, discloses unwarranted or false information relative to any personal information or personal sensitive information obtained by him or her.

Malicious Disclosure

• Personal Information and Sensitive Personal Information

  • Imprisonment: 1 year and 6 months to 5 years

  • Fine: P500,000 - P1,000,000

Unlawful acts and penalties:

Any personal information controller or personal information processor or any of its officials, employees or agents, who discloses to a third party personal or sensitive personal information, not covered by Malicious Disclosure above, without the consent of the data subject.

Unauthorized Disclosure

• Personal Information

  • Imprisonment: 1 to 3 years

  • Fine: P500,000 - P1,000,000

• Sensitive Personal Information

  • Imprisonment: 3 to 5 years

  • Fine: P500,000 - P2,000,000

Unlawful acts and penalties:

Any combination or series of acts as defined in the penalties in this Act shall make the person subject to

Combination or Series of Acts

• Personal Information and Sensitive Personal Information

  • Imprisonment: 3 to 6 years

  • Fine: P1,000,000 - P5,000,000

Extent of Liability:

If the offender is a corporation, partnership or any juridical person, the penalty shall be imposed upon the ____________, as the case may be, who participated in, or by their gross negligence, allowed the commission of the crime.

Responsible officers

Extent of Liability:

If the offender is a juridical person, may the court suspend or revoke any of its rights under the Data Privacy Act.

Yes

Extent of Liability:

If the offender is an alien, he or she shall, in addition to the penalties above, be deported without further proceedings after serving the penalties prescribed.

T or F

True

Extent of Liability:

The ________ penalty in the scale of penalties respectively provided shall be imposed when the personal information of at least ________ persons is harmed, affected or involved as the result of the above-mentioned actions.

maximum; one hundred (100)

Extent of Liability:

If the offender is a public official or employee and he or she is found guilty of Improper Disposal of Personal Information and Sensitive Personal Information and Processing of Personal Information and Sensitive Personal Information for Unauthorized Persons, he or she shall, in addition to the penalties prescribed, suffer _____________________, as the case may be.

perpetual or temporary absolute disqualification from office

Extent of Liability:

When the offender or the person responsible for the offense is a public officer as defined in the Administrative Code of the Philippines in the exercise of his or her duties, an accessory penalty consisting in the disqualification to occupy public office for a term ______________ imposed shall he applied.

double the term of criminal penalty

Extent of Liability:

Restitution for any aggrieved party shall be governed by the provisions of the?

New Civil Code

The _____________ shall notify the Commission of a personal data breach

Personal information controller

The Commission shall be notified within ______________ upon knowledge of or the reasonable belief by the personal information controller or personal information processor that a personal data breach has occurred.

seventy-two (72) hours

Does the personal information controller need to be absolutely certain of the scope of the breach prior to notification?

No