Data Privacy Act

• Commission


  The National Privacy Commission created by virtue of the Data Privacy Act
• Consent of the data subject

  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


  An individual whose personal information is processed
• Direct marketing


  Communication by whatever means of any advertising or marketing material which is directed to particular individuals
• Filing system


  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


  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
• 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
• Information and Communications System


  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 controller


  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. The term 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
• Personal information processor


  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
• Scope of application


  • The processing of all types of personal information
  • 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
• Does not 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
  • Information about an individual who is or was performing service under contract for a government institution that relates to the services performed
  • 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
  • Personal information processed for journalistic, artistic, literary or research purposes
  • Information necessary in order to carry out the functions of public authority
  • 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
  • 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 amendments or repeal to the following laws: Republic Act No. 1405, otherwise known as the Secrecy of Bank Deposits Act; Republic Act No. 6426, otherwise known as the Foreign Currency Deposit Act; and Republic Act No. 9510, otherwise known as the Credit Information System Act (CISA)
• 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
• Extraterritorial application of the Data Privacy Act


  • The act, practice or processing relates to personal information about a Philippine citizen or a resident
  • 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: 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
  • 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
• Data privacy principles


  • Principle of Proportionality
  • Principle of Legitimate Purpose
  • Principle of Transparency
• Processing of personal information

  • Collection
  • Recording
  • Organization
  • Storage
  • Updating Or Modification
  • Retrieval
  • Consultation
  • Use
  • Consolidation
  • Blocking
  • Erasure Or
  • Destruction of data
• Personal information


  Those 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. Examples include the Data Owner's Name, Home address and Phone number
• Requirements for processing personal information


  • Collected for specified and legitimate 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
  • Processed fairly and lawfully
  • 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
  • Adequate and not excessive in relation to the purposes for which they are collected and processed
  • 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
  • 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
• Criteria for lawful processing of personal information

  • The data subject has given his or her consent
  • 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
  • The processing is necessary for compliance with a legal obligation to which the personal information controller is subject
  • The processing is necessary to protect vitally important interests of the data subject, including life and health
  • 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
  • The processing is necessary for the purposes of the legitimate 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
• Privileged information


  Any and all forms of data which under the Rules of Court and other pertinent laws constitute privileged communication, such as attorney-client privileged information, doctor-patient privileged information, marital privilege communication, and priest-confessor privileged information
• Sensitive personal information


  Personal information about an individual's race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations; 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; 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 specifically established by an executive order or an act of Congress to be kept classified
• Exceptions for processing sensitive personal information and privileged information

  • 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
  • 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 not required by law or regulation permitting the processing of the sensitive personal information or the privileged information
  • The processing is 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
  • 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
  • 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
  • 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
• A personal information controller may subcontract the processing of personal information
• Responsibilities of personal information controller when subcontracting personal information processing

  • Ensure the confidentiality of the personal information processed
  • Prevent its use for unauthorized purposes
  • Comply with the requirements of the Data Privacy Act and other laws for processing of personal information
• The personal information processor shall comply with all the requirements of the Data Privacy Act and other applicable laws
• 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
• Rights of the data subject

  • Right to Informed Consent
  • Right to Object
• Information that must be provided to the data subject before the entry of personal information into the processing system, or at the next practical opportunity

  • Description of the personal information to be entered into the system
  • Purposes for which they are being or are to be processed
  • Scope and method of the personal information processing
  • The recipients or classes of recipients to whom they are or may be disclosed
  • Methods utilized for automated access, if the same is allowed by the data subject, and the extent to which such access is authorized
  • The identity and contact details of the personal information controller or its representative
  • The period for which the information will be stored
  • The existence of their rights, i.e., to access, correction, as well as the right to lodge a complaint before the Commission
• Information that must be provided to data subjects

  • The personal information system
  • Purposes for which they are being or are to be processed
  • Scope and method of the personal information processing
  • The recipients or classes of recipients to whom they are or may be disclosed
  • Methods utilized for automated access, if the same is allowed by the data subject, and the extent to which such access is authorized
  • The identity and contact details of the personal information controller or its representative
  • The period for which the information will be stored
  • The existence of their rights, i.e., to access, correction, as well as the right to lodge a complaint before the Commission
• Right to Object


  The data subject shall have the right to object to the processing of his or her personal data, including processing for direct marketing, automated processing or profiling
• Right to Withhold Consent

  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
• Any information supplied or declaration made to the data subject on these matters shall not be amended without prior notification of data subject, except when the personal information is 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


  • Contents of his or her personal information that were processed
  • Sources from which personal information were obtained
  • Names and addresses of recipients of the personal information
  • Manner by which such data were processed
  • Reasons for the disclosure of the personal information to recipients
  • 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
  • Date when his or her personal information concerning the data subject were last accessed and modified
  • The designation, or name or identity and address of the personal information controller
• Right to Correction


  The data subject shall 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
• If the personal information have been corrected, the personal information controller 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, and the third parties who have previously received such processed personal information shall be informed of its inaccuracy and its rectification upon reasonable request of the data subject
• Right to Erasure


  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
• Right to Damages


  The data subject shall be indemnified for any damages sustained due to such inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of personal information
• Right to Data Portability

  The right of the data subject to obtain from the personal information controller a copy of data, where personal information is processed by electronic means and 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