Data Privacy Act of 2012

– was enacted in 2012 but the Implementing Rules and Regulations were issued in 2016 and
became enforceable on September 9, 2016.
– most of its provisions are actually based on the European Union directive including the reform
initiatives which led to the EU General Data Protection Regulation (GDPR).
– In general, the Philippines Data Privacy Act (RA 10173) applies to the processing of personal
data by any natural or juridical person in the government or private sector.

Primary Purpose:
“To protect the fundamental human right of privacy, of communication while ensuring free flow
of information to promote innovation and growth.” (RA 10173, Ch. 1 Sec. 2).

Personal Information vs Sensitive Personal Information

“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;
It may be processed, provided that the requirements of the Data Privacy Act are complied with.

“Sensitive personal information” 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 individual, 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 is 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.

The processing of sensitive personal information is, in general, prohibited.

Scope:
Data Privacy Act of 2012 protects all forms of information that are personal, private or
privileged. It covers all persons, whether natural or juridical, with particular emphasis to companies or
juridical entities involved in the processing of protected information.

The Act and these Rules apply to the processing of personal databy any natural and juridical
personin the government or private sector.They apply to an act done or practice engaged in and outside
of the Philippines if:
a.The natural or juridical person involved in the processing of personal data is found or
established in the Philippines;
b.The act, practice or processing relates to personal data about a Philippine citizen or Philippine
resident;
c.The processing of personal data is being done in the Philippines; or
 d.The act, practice or processing of personal data is done or engaged in by an entity with links
to the Philippines, with due consideration to international law and comity, such as, but not limited to,
the following:
1.Use of equipment located in the country, or maintains an office, branch or agency in
the Philippines for processing of personal data;
2.A contract is entered in the Philippines;
3.A juridical entity unincorporated in the Philippines but has central management and
control in the country;
4.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 data;
5.An entity that carries on business in the Philippines;6.An entitythat collects orholds
personal datain the Philippines.

The Act and these Rules shall not apply to the following specified information, only to the
minimum extentof collection, access, use,disclosure or other processing necessary to thepurpose,
function,or activity concerned:

a. Information processed for purpose of allowing public access toinformation that fall within
matters of public concern, pertaining to:

1.Information about any individual who is or was an officer or employee of

governmentthat relates to his or her position or functions, including:
(a)The fact that the individual is or was an officer or employee of the government;
(b)The title, office 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 he or she prepared in the course ofhis or
her employment with the government;

2.Information about an individual who is or was performinga service under contract for
a government institution,but only in so far as it relates to such service, including the the name of the
individual and the terms of his or her contract;
3.Information relating to a benefit of a financial nature conferred on an individual upon
the discretion of the government, such as the granting of a license or permit, including the name of the
individual and the exact nature of the benefit:
Provided, that they do not include benefits given in the course of an ordinary transaction
or as a matter of right;

b. Personal information processed for journalistic, artistic or literary purpose, in orderto

upholdfreedom of speech, of expression, or of the press, subject to requirements of other applicable law
or regulations;

c. Personal information that will be processed for research purpose, intended for apublic benefit,
subject to the requirements of applicable laws, regulations,or ethical standards;

d. Information necessary in order to carry out the functions of public authority, in accordance
with a constitutionally or statutorily mandated function pertaining to law enforcement or regulatory
function, including the performance of the functions of the independent, central monetary
authority,subject to restrictions provided by law. Nothing in this Act shall be construed as having
amended or repealed 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);

e. Information necessary for banks, other financial institutions under the jurisdiction of the
independent, central monetary authority or Bangko Sentral ng Pilipinas, and other bodies authorized by
law, to theextent necessary to comply with Republic Act No. 9510(CISA), Republic Act No. 9160, as
amended, otherwise known as the Anti-Money Laundering Act,and other applicable laws;

f. 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. The burden of proving the law of the foreign jurisdiction falls on the
person or body seeking exemption.In the absence of proof, the applicable law shall be presumed to be
the Act and these Rules:Provided,that the non-applicability of the Act or these Rules do not extend to
personal information controllers or personal information processors, who remain subject to the
requirements of implementingsecurity measures for personal data protection:Provided further, that the
processing of the information provided in the preceding paragraphs shall be exempted from the
requirements of the Act only to the minimumextent necessary to achievethe specificpurpose,
function,or activity.

The National Privacy Commission

– A body that is mandated to administer and implement the Data Privacy Act. The functions of
the NPC include rule-making, advisory, public education, compliance and monitoring,
investigations and complaints, and enforcement.
– an independent body mandated to administer and implement the Act,and to monitor and ensure
compliance of the country with international standards set for personal data protection.

Functions (NPC):

(a)Ensure compliance of personal information controllers with the provisions of this Act;

(b) Receive complaints, institute investigations, facilitate or enable settlement of complaints

through the use of alternative dispute resolution processes, adjudicate, award indemnity on matters
affecting any personal information, prepare reports on disposition of complaints and resolution of any
investigation it initiates, and, in cases it deems appropriate, publicize any such report:Provided,That in
resolving any complaint or investigation (except whereamicable settlement is reached by the parties),
the Commission shall act as a collegial body. For this purpose, the Commission may be given access to
personal information that is subject of any complaint and to collect the information necessary to
performits functions under this Act;
(c) Issue cease and desist orders, impose a temporary or permanent ban on the processing of
personal information, upon finding that the processing will be detrimental to national security and
public interest;
(d) Compel or petition any entity, government agency or instrumentality to abide by its orders or
take action on a matter affecting data privacy;
(e) Monitor the compliance of other government agencies or instrumentalities on their security
and technical measures and recommend the necessary action in order to meet minimum standards for
protection of personal information pursuant to this Act;
 (f) Coordinate with other government agencies and the private sector on efforts to formulate and
implement plans and policies to strengthen the protection of personal information in the country;
(g) Publish on a regular basis a guide to all laws relating to data protection;
(h) Publish a compilation of agency system of records and notices, including index and other
finding aids;
(i) Recommend to the Department of Justice (DOJ) the prosecution and imposition of penalties
specified in Sections 25 to 29 of this Act;
(j) Review, approve, reject or require modification of privacy codes voluntarily adhered to by
personal information controllers:Provided,That the privacy codes shall adhere to the underlying data
privacy principles embodied in this Act:Provided, further,That such privacy codes may include private
dispute resolution mechanisms for complaints against any participating personal information controller.
For this purpose, the Commission shall consult with relevant regulatory agencies in the formulation and
administration of privacy codes applying the standards set out in this Act, with respect to the persons,
entities, business activities and business sectors that said regulatory bodies are authorized to principally
regulate pursuant to the law:Provided, finally.That the Commission may review such privacy codes and
require changes thereto for purposes of complying with this Act;
(k) Provide assistance on matters relating to privacy or data protection at the request of a
national or local agency, a private entity or any person;
(l) Comment on the implication on data privacy of proposed national or local statutes,
regulations or procedures, issue advisory opinions and interpret the provisions of this Act and other
data privacy laws;
(m) Propose legislation, amendments or modifications to Philippine laws on privacy or data
protection as may be necessary;
(n) Ensure proper and effective coordination with data privacy regulators in other countries and
private accountability agents, participate in international and regional initiatives for data privacy
protection;
(o) Negotiate and contract with other data privacy authorities of other countries for cross-border
application and implementation of respective privacy laws;
(p) Assist Philippine companies doing business abroad to respond to foreign privacy or data
protection laws and regulations; and
(q) Generally perform such acts as may be necessary to facilitate cross-border enforcement of
data privacy protection.

Processing of Personal Information.

Processing of personal information is allowed, unless prohibited by law. For processing to be

lawful, any of the following conditions must be complied with:

a.The data subject must have given his or her consent prior to the collection, or as soon as
practicable and reasonable;
b.The processing involvesthe personal information of a data subject who is a party to a
contractual agreement, in order to fulfill obligations under the contract or to take steps at the request of
the data subject prior to entering the saidagreement;
c.The processing is necessary for compliance with alegal obligation to which the personal
information controller is subject;
d.The processing is necessary to protect vitally important interests of the data subject, including
his or her life and health;
e.The processing of personal information is necessary to respond to national emergency or to
comply with the requirements of public order and safety,as prescribed by law;
 f.The processing of personal information is necessary for the fulfillmentof the constitutional or
statutory mandate of a public authority; or
g.The processing is necessary to pursue the legitimate interests of 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.

Processing of Sensitive Personal Information

The processing of sensitive personal and privileged information is prohibited, except in any of
the following cases:
a.Consent is given by data subject, or by the parties to the exchange of privileged
information,prior to the processing of the sensitive personal informationor privileged information,
which shall be undertaken pursuant to a declared, specified, and legitimate purpose;
b.The processing of the sensitive personal information or privileged information is provided for
byexisting laws and regulations: Provided,that said laws and regulations do not require the consent of
the data subject for the processing,and guarantee the protection of personal data;
c.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;
d.The processing is necessary to achieve the lawful and noncommercial objectives of public
organizations and their associations provided that:
1.Processing is confined and related to the bona fide members of these organizations or
their associations;
2.The sensitive personal information are not transferred to third parties; and
3.Consent of the data subject was obtained prior to processing;
e.The processing is necessary for the purpose of medical treatment: Provided, thatit is carried
out by a medical practitioner or a medical treatment institution, and an adequate level of protection of
personal data is ensured; or
f.The processing concerns sensitivepersonalinformation or privileged information 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
pursuant toa constitutional or statutory mandate.

Rights of the Data Subject

The data subject is entitled tothe following rights:

a. Right to be informed.

1.The data subject has a right to be informedwhether personal data pertaining to him or
her shall be, are being,or have been processed, including the existence of automated decision-making
and profiling.
2.The data subject shall be notified and furnished with information indicated hereunder
before the entry of his or her personal data into the processing system of the personal information
controller, or at the next practical opportunity:
(a)Description of the personal data to be entered into the system;
(b)Purposes for which they are being or will be processed,including processing for direct
marketing, profilingor historical, statistical or scientific purpose;
(c)Basis of processing, when processing is not based on the consent of the data subject;
 (d)Scopeand methodof the personal data processing;
(e)The recipients or classes of recipients to whom thepersonal dataare or may be
disclosed;
(f)Methods utilized for automated access, if the same is allowed by the data subject, and
the extent to which such access is authorized, including meaningful information about the logic
involved, as well as the significance and the envisaged consequences of such processing for the data
subject;
(g)The identity and contact details of the personal data controller or its representative;
(h)The period for which the information will be stored; and
(i)The existence of their rightsas data subjects, including the right to access, correction,
and object to the processing, as well as the right to lodge a complaint before the Commission.

b.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. The data
subject shall also benotified 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 thepreceding
paragraph.When a datasubject objects or withholds consent, the personal information controller shall
no longer process the personal data,unless:

1.The personal data is needed pursuant to a subpoena;

2.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 to which the data subject is a party, or
when necessary or desirable in the context of anemployer-employee relationshipbetween the collector
and the data subject;or
3.The information is being collected and processed as a result of a legal obligation.

c.Right to Access. The data subject has the right to reasonable access to, upondemand, the
following:
1.Contents of his or her personal data that were processed;
2.Sources from which personal data were obtained;
3.Names and addresses of recipients of the personal data;
4.Manner by which such data were processed;
5.Reasons for the disclosure of the personal data to recipients, if any;
6.Information on automated processes where the data will,or is likely to,be made as the
sole basis for any decision that significantly affects or will affect the data subject;
7.Date when his or her personal data concerning the data subject were last accessed and
modified; and
8.The designation, name or identity,and address of the personal information controller.

d.Right to rectification. The data subject has the right to dispute the inaccuracy or error in the
personal data and have the personal information controller correct it immediately and accordingly,
unless the request is vexatious or otherwise unreasonable. If the personal data has 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 the intended
recipients thereof: Provided, That receipients or third parties who have previously received such
processed personal data shall be informed of its inaccuracy and its rectification,upon reasonable request
of the data subject.
 e.Right to Erasure or Blocking. The data subject shall have the right to suspend, withdraw or
order the blocking, removal or destruction of his or her personal data from the personal information
controller’s filing system.

1.This right may be exercised upon discovery and substantial proof of any of the following:
(a)The personal data is incomplete, outdated, false, or unlawfully obtained;
(b)The personaldata is being used for purpose not authorized by the data subject;
(c)The personal data is no longer necessary for the purposes for which they were
collected;
(d)The data subject withdraws consent or objects to the processing, and there is no other
legal ground or overriding legitimate interest for the processing;
(e)The personal data concerns private information that is prejudicial to data
subject,unless justified by freedom of speech, of expression, or of the press or otherwise authorized;
(f)The processing is unlawful;
(g)The personal information controller or personal information processor violated the
rights of the data subject.

2.The personal information controller may notify third parties who have previously
received such processed personal information.

f. 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
data,taking into accountany violation of his or her rights and freedoms asdata subject

Protection afforded to Data Subjects.

a.Unless directly incompatible or inconsistent with the preceding sectionsin relation to the
purpose, function,or activities the non-applicabilityconcerns,the personal information controller or
personal information processor shall uphold the rights of data subjects, and adhere to general data
privacy principles and the requirements of lawful processing.

b.The burden of proving thatthe Act and these Rules are not applicable toa particular
information falls on those involved in the processing of personal dataor the party claiming the non-
applicability.

c.In all cases, the determination of any exemption shall be liberally interpreted in favor of the
rights and interests of the data subject.

Protection Afforded to Journalists and their Sources.

a.Publishers, editors,or duly accredited reporters of any newspaper, magazine or periodical of

general circulation shall not becompelled to reveal the source of any news report or information
appearing in said publication if it was related in any confidence to such publisher, editor, or reporter.

b.Publishers, editors,or duly accredited reporters who are likewise personal information
controllers or personal information processors within the meaning of the law are still bound to follow
the Data Privacy Act and related issuances with regard to the processing of personal data, upholding
rights of their data subjects and maintaining compliance with other provisions that are not incompatible
with the protection provided by Republic Act No. 53.