Data Privacy Act Primer

R.A.
10173 or the "Data Privacy Act of 2012"
The National Privacy Commission (Sec. 7)

- the implementing agency of the Data Privacy Act which is granted, inter alia, quasi-judicial
functions in connection with violations of this Act. Likewise, the Commission has an express
grant of power to issue cease and desist orders, and impose a temporary or permanent ban on the
procession of information, upon a finding of detriment to national security and public interest.
Classifications of Information under the Act (Sec. 3)

1. Personal Information
- personal information in general;
- refers to any information 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 drectly and certainly identify an individual.
2. Sensitive Personal Information

- are personal information:
(1) About an individuals race, ethnic origin, marital status, age, color, and religious,
philosophical or political affiliations;
(2) About an individuals 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 cm-rent 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.
3. Priveleged Communication
- refers to those as provided by the Rules of Court and other pertinent laws.
Extraterritorial Application (Sec. 6)

This Act applies to an act done or practice engaged in and outside of the Philippines by an entity
in the following conditions:
(a) The act, practice or processing relates to personal information about a Philippine citizen or a
resident;
(b) 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: (1) A contract is
entered in the Philippines; (2) A juridical entity unincorporated in the Philippines but has
central management and control in the country; and (3) 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;
(c) The entity has other links in the Philippines such as, but not limited to: (1) The entity carries
on business in the Philippines; and (2) The personal information was collected or held by
an entity in the Philippines.
Information not covered by the Act (Sec. 4)

(a) 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.
(b) 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;
(c) 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;
(d) Personal information processed for journalistic, artistic, literary or research purposes;
(e) 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.
(f) Information necessary for banks and other financial institutions under the jurisdiction of the
Bangko Sentral ng Pilipinas (BSP) to comply with RA 9510, and RA 9160, as amended,
otherwise known as the Anti-Money Laundering Act and other applicable laws; and
(g) 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.
*Nothing in this act shall be construed as to have ammended or repealed the following:
(1) RA 53 - which affords protection to Journalists and their Sources - Sec. 5; (2) RA 1405 - The
Secrecy of Bank Deposits Act; (3) RA 6426 - The Foreign Currency Deposits Act; (4) RA 9510 -
Credit Information System Act Sec.4(e)
Lawful Processing of Personal Information (Sec. 12)

Processing of personal information (in general) are permitted only when not prohibited by law,
and when at least one of the following conditions exist:
1. Consent of the Data Subject;
2. When necessary and 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. When necessary for compliance with a legal obligation imposed on the data controller;
4. When necessary to protect vitally important interests of the data subject, including life and
health;
5. When necessary in order to respond to a 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 information to fulfill its mandate;
6. When necessary for the purpose of the legitimate interests pursued by the personal data
controller or by a third party/parties to whom the data is disclosed, except when
fundamental rights and freedoms of the data subect which require protection under the
Constitution, overrides such interests;
Processing of Sensitive Personal Information and Priveleged Information (Sec. 13)

Such processing are prohibited, except in the following cases:
1. Consent of the data subject, specific to the purpose and prior to the processing, or in case of
priveleged information, all parties to the exchange has given their consent prior to
processing;
2. The processing of the same is provided for by existing laws and
regulations: Provided, That such regulatory enactments guarantee the
protection of the sensitive personal information and the privileged
information: Provided, further, That the consent of the data subjects are
not required by law or regulation permitting the processing
3. When 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;
4. 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;
5. The processing concerns such personal information as is necessary for the
protection of lawful rights and interests of persons in court proceedings,
or when provided to government or public authority.
Sensitive Personal Information in Government

All sensitive personal information by the government and its agencies and
instrumentalities shall be secured. The head of each government agency or
instrumentality shall be responsible for complying with the security requirements
mentioned herein while the Commission shall monitor the compliance and may
recommend the necessary action in order to satisfy the minimum standards.
On-site and Online Access - Employees shall not be given access to sensitive personal
information on government property, or through online facilities, until they receive a
security clearance from the head of the source agency.
Off-site Access Sensitive personal information may not be transported or accessed from a
location off government property, until a request for such transportation or access is
submitted and approved by the head of the agency.
Access by Government Contractors In entering into any contract that may involve accessing or
requiring sensitive personal information from one thousand (1,000) or more individuals, an
agency shall require a contractor and its employees to register their personal information
processing system with the Commission in accordance with this Act
Off-site Access Request:

In the case of any request submitted to the head of an agency, such head of the agency shall
approve or disapprove the request within two (2) business days from submission.
In case of inaction by the head, the request is deemed disapproved.
Rights of the Data Subject

In General: (See Sec. 16) The data subject has the following rights:
1. Right to access to his personal information;
2. Right to be informed of the purpose of the processing of the information, method of
utilization and period of storage of the information, persons to whom it may be disclosed,
as well as the source from which the personal information was obtained;
3. Right against inaccurate, incomplete, outdated, false, unlawfully obtained and
unauthorized use of personal information; and
4. Right to be indemnified for damages sustained due to violation of the foregoing.
Limitation on the rights of the data subject: Scientific Research: Sec.19

Non-applicability - where the 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.
Penal Provisions
1. Unauthorized Processing of Personal Information, and Sensitive Personal Information
2. Provided Personal Information and Sensitive Personal Information Due to Negligence
3. Willful and Negligent Improper Disposal of Information and Sensitive Personal
Information
4. Processing of Personal Information and Sensitive Personal Information for Unauthorized
Purposes
5. Unauthorized Access or Intentional Breach
6. Concealment of Security Breaches involving Sensitive Personal Information
7. Malicious Disclosure of Personal Information
8. Unauthorized Disclosure of Personal Information
9. Combination or Series of Acrs of the foregoing
Maximum Penalty shall be imposed when at least personal information of 100 persons is
harmed, affected or involved.

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R.A.

10173 or the "Data Privacy Act of 2012"

The National Privacy Commission (Sec. 7)

Classifications of Information under the Act (Sec. 3)

2. Sensitive Personal Information

Extraterritorial Application (Sec. 6)

Information not covered by the Act (Sec. 4)

Lawful Processing of Personal Information (Sec. 12)

Processing of Sensitive Personal Information and Priveleged Information (Sec. 13)

Sensitive Personal Information in Government

Off-site Access Request:

Rights of the Data Subject

Limitation on the rights of the data subject: Scientific Research: Sec.19

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