Privacy Notice

PRIMER | PHILIPPINE DATA PRIVACY ACT OF 2012 (Republic Act No. 10173)

Seeks to protect all forms of information (private, personal and sensitive personal).

SCOPE/COVERAGE

  • Covers both natural and juridical persons involved in the processing of personal information.

  • Also covers those who, although not found or established in the Philippines, use equipment located in the Philippines, or those who maintain an office, branch, or agency in the Philippines.

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, or when put together with other information would directly and certainly identify an individual.1

  • Makes a person readily identifiable.

PROCESSING OF PERSONAL INFORMATION

  • Refers to any operation where personal information is involved.

  • Including, but not limited to, the collection, recording, organization, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction of data.2

PRIVILEGED INFORMATION

  • Refers to any and all forms of data which under the Rules of Court and other pertinent laws constitute privileged communication.3 (E.g., Attorney Client Privilege)

  • Its processing is also prohibited by law.

DIFFERENCE BETWEEN PERSONAL INFORMATION AND SENSITIVE PERSONAL INFORMATION

PERSONAL INFORMATION SENSITIVE 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, or when put together with other information would directly and certainly identify an individual

  • Makes a person readily identifiable

  • Refers to personal information:

    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.4

RIGHTS OF THE DATA SUBJECT

  1. Be informed whether personal information pertaining to him or her shall be, are being or have been processed;

  2. Be furnished the information indicated hereunder before the entry of his or her personal information into the processing system of the personal information controller, or at the next practical opportunity:

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

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

    3. Scope and method of the personal information processing;

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

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

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

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

    8. The existence of their rights, i.e., to access, correction, as well as the right to lodge a complaint before the National Privacy Commission.5

TRANSMISSIBILITY OF THE 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.6

EXCEPTIONS TO THE APPLICATION OF THE ACT

  1. 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,

  2. 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;

  3. 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;

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

  5. 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.

  6. 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 Republic Act No. 9510, and Republic Act No. 9160, as amended, otherwise known as the Anti-Money Laundering Act and other applicable laws; and

  7. 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.7

COMPANIES ARE REQUIRED TO APPOINT A DATA PROTECTION OFFICER WHO SHOULD BE RESPONSIBLE FOR ENSURING COMPLIANCE WITH THE ACT

Under the Implementing Rules and Regulations (IRR) of the Act, all organizations are required to appoint a Data Protection Officer (“DPO”). The DPO shall be accountable for ensuring compliance with the appropriate data protection laws and regulations. The National Privacy Commission issued an Advisory (NPC Advisory No. 2017-01 – Designation of Data Protection Officers) last 14 March 2017 to provide a more comprehensive directive on the appointment, roles, and responsibilities of the DPO.

 



1Section 3 (g) of the Act.

2Section 3(j) of the Act.

3Section 3(k) of the Act.

4Section 3(l) of the Act.

5Section 16 of the Act.

6Section 17 of the Act.

7Section 4 of the Act.

 

 

Privacy Notice