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Caitum BSMLS 1F

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Caitum, Rachelle May B.

BSMLS 1F

May 9, 2019

REPUBLIC ACT 10173-DATA PRIVACY ACT OF 2012

The Data Privacy Act of 2012 is “the policy of the State to protect the fundamental human right
of privacy, of communication while ensuring free flow of information to promote innovation and
growth.” Sensitive personal information refers to the information about an individual’s educational
attainment, ethnic group, health and marital status, age, or basically the personal information of a
person. This also includes health records from the past and the present, licenses, and security numbers.
The data privacy does not apply to government employees, salary range and the business address and
telephone number of an individual.

Extraterritorial Application applies to an individual who has a connection in or with the


Philippines, either they have business/contract situated in the Philippines, or they are processing
personal information about a Philippine citizen. The role of National privacy commission is to ensure
that complaints about personal information is settled by using the alternative dispute resolution
processes and to provide assistance in matters that are related to the privacy of a person.

Personal information must be processed in the most legal, and fair way possible. It must also be
collected with legitimate reason. The information collected must also be kept to date to ensure the
accuracy of the information acquired. Inaccurate date must be destroyed. sensitive Personal
Information and Privileged Information can be processed when the individual has given their consent. It
can also be processed when the individual is unable to give their consent legally before the processing of
the data. In medical treatment the processing is necessary and it is performed by the medical
practitioner or a medical institution.

The data subject has the right to: 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;
The identity and contact details of the personal information controller or its representative.

Penalties when privacy is violated: Unauthorized Access or Intentional Breach and


Unauthorized Processing of Personal Information and Sensitive Personal Information: imprisonment
ranging from one (1) year to three (3) years and a fine of not less than Five hundred thousand pesos
(Php500,000.00) but not more than Two million pesos (Php2,000,000.00). Unauthorized Disclosure:
imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five hundred
thousand pesos (Php500,000.00) but not more than One million pesos (Php1,000,000.00). Combination
or Series of Acts: Any combination or series of acts will be subjected to imprisonment ranging from
three (3) years to six (6) years and a fine of not less than One million pesos (Php1,000,000.00) but not
more than Five million pesos (Php5,000,000.00). Accessing Personal Information and Sensitive Personal
Information Due to Negligence imprisonment from one (1) year to three (3) years and a fine of not less
than Five hundred thousand pesos (Php500,000.00) but not more than Two million pesos
(Php2,000,000.00).

The emergence of this act helped individuals protect their information from entities that has
malicious intentions, but let us not be too dependent on the Laws, let us all be careful of our
information especially we are living in a world where technology is in demand and anything can be
acquired on the internet/online even very personal information. Let us all be careful of what we post
and be mindful of the people that we are adding to our friends list. Do not post information that can be
used against you or that can be used by anyone without your authorization.

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