Data Privacy Act of 2012
Data Privacy Act of 2012
Data Privacy Act of 2012
10173]
CHAPTER I
GENERAL PROVISIONS
SECTION 1. Short Title. – This Act shall be known as the “Data Privacy Act of 2012”.
SEC. 2. Declaration of Policy. – It 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. The State recognizes the vital role of information and communications
technology in nation-building and its inherent obligation to ensure that personal information in
information and communications systems in the government and in the private sector are secured
and protected.
I.DEFINITIONS
SEC. 3. Definition of Terms. – Whenever used in this Act, the following terms shall have the
respective meanings hereafter set forth:
(a) Commission shall refer to the National Privacy Commission created by virtue of this Act.
(b) Consent of the data subject refers to 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.
(e) Filing system refers to 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.
(g) 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.
Any set of information, as long as it can allow identification of an individual will be considered as personal
information. Even if the identity is not immediately apparent, if using other available information is
possible, and doing so will lead to the identity of an individual, it will be personal information.
(1) A person or organization who performs such functions as instructed by another person
or organization; and
The data controller will be the one to dictate how and why data is going to be used by the organization.
This means that the data processor will not be able to change the purpose and the means in which the
data is used. Following the example above, the data processor is the third-party company that the data
controller chose to use and process the data
Data processors are bound by the instructions given by the data controller.
An entity is deemed to have control of personal information, and will be referred to as a PIC, if it
decides on what information is collected, or the purpose or extent of its processing. On the other
hand, a person which processes personal data, but does not have control, is referred to as a
PIP.
(k) Privileged information refers to any and all forms of data which under the Rules of Court and
other pertinent laws constitute privileged communication.
A privilege is a legal rule that protects communications within certain relationships from compelled disclosure in
a court proceeding. One such privilege, which is of long standing and applicable in all legal settings, is the
attorney-client privilege.
•Communications between an attorney and a client that were made for the purpose of obtaining legal advice
may not be disclosed unless the client consents to the disclosure.
•Health Care Professionals: Communications with the following health care professionals are protected by
statute:
Psychiatrist
Psychologist
Physician
Family and Marital Therapist
Social Worker
Professional Counselor
(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
In the Implementing Rules of the DPA, the term “personal data” has been used to collectively refer to all
types of personal information—personal information that is not sensitive, sensitive personal information
and privileged information.
(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, including:
(1) The fact that the individual is or was an officer or employee of the government
institution;
(2) The title, business address and office telephone number of the individual;
(3) The classification, salary range and responsibilities of the position held by the
individual; and
(4) The name of the individual on a document prepared by the individual in the course of
employment with the government;
(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. Nothing in this Act shall be construed as to have 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);
(f) 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
(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.
In general, the law will apply whenever an individual, company or government agency collects, use,
stores or perform any operations on personal information.
These information have been placed in a special category under the law to emphasize that data privacy
should be balanced with other fundamental freedoms like freedom of expression and the right to
information on matters of public concern.
SEC. 5. Protection Afforded to Journalists and Their Sources. – Nothing in this Act shall be
construed as to have amended or repealed the provisions 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.
SEC. 6. Extraterritorial Application. – This Act applies to an act done or practice engaged in
and outside of the Philippines by an entity if:
(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:
(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; and
(c) The entity has other links in the Philippines such as, but not limited to:
(2) The personal information was collected or held by an entity in the Philippines.
CHAPTER II
THE NATIONAL PRIVACY COMMISSION
SEC. 7. Functions of the National Privacy Commission. – To administer and implement the
provisions of this Act, and to monitor and ensure compliance of the country with international
standards set for data protection, there is hereby created an independent body to be known as the
National Privacy Commission, winch shall have the following functions:
(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 where amicable
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 perform its 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.
SEC. 8. Confidentiality. – The Commission shall ensure at all times the confidentiality of any
personal information that comes to its knowledge and possession.
The Deputy Privacy Commissioners must be recognized experts in the field of information and
communications technology and data privacy. They shall enjoy the benefits, privileges and
emoluments equivalent to the rank of Undersecretary.
The Privacy Commissioner, the Deputy Commissioners, or any person acting on their behalf or
under their direction, shall not be civilly liable for acts done in good faith in the performance of
their duties. However, he or she shall be liable for willful or negligent acts done by him or her
which are contrary to law, morals, public policy and good customs even if he or she acted under
orders or instructions of superiors: Provided, That in case a lawsuit is filed against such official
on the subject of the performance of his or her duties, where such performance is lawful, he or
she shall be reimbursed by the Commission for reasonable costs of litigation.
The National Privacy Commission is an independent government agency with the mandate to implement
the Data Privacy Act through its regulatory and quasi-judicial function. The Commission is headed by the
Privacy Commissioner who is assisted by two (2) Deputy Privacy Commissioners, one to be responsible
for Data Processing Systems and one to be responsible for Policies and Planning.
The IRR of the DPA defines the functions of the Commission as: Rule making, Public Advisory and
Education, Compliance and Monitoring, and Complaints, Investigations and Enforcement.
CHAPTER III
PROCESSING OF PERSONAL INFORMATION
(b) 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;
(c) The processing is necessary for compliance with a legal obligation to which the
personal information controller is subject;
(d) The processing is necessary to protect vitally important interests of the data subject,
including life and health;
(f) 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.
(a) 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;
(b) 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 of the sensitive personal information or the privileged information;
(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 such processing is only
confined and related to the bona fide members of these organizations or their
associations: Provided, further, That the sensitive personal information are not
transferred to third parties: Provided, finally, That consent of the data subject was
obtained prior to processing;
(e) 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; or
(f) 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.
SEC. 14. Subcontract of Personal Information. – A personal information controller may
subcontract the processing of personal information: Provided, That the personal information
controller shall be responsible for ensuring that proper safeguards are in place to ensure the
confidentiality of the personal information processed, prevent its use for unauthorized purposes,
and generally, comply with the requirements of this Act and other laws for processing of
personal information. The personal information processor shall comply with all the requirements
of this Act and other applicable laws.
Personal data must be processed fairly and lawfully. Data quality should be ensured and any authorized
further processing must have adequate safeguards. Under the DPA, the general data privacy principles
are:
Transparency
The data subject must be aware of the nature, purpose, and extent of the processing of his or her
personal data, including the risks and safeguards involved, the identity of personal information controller,
his or her rights as a data subject, and how these can be exercised. Any information and communication
relating to the processing of personal data should be easy to access and understand, using clear and
plain language.
Legitimate Purpose.
The processing of information shall be compatible with a declared and specified purpose which must not
be contrary to law, morals, or public policy.
Processing should have a lawful basis. Consent is just one of the lawful criteria for processing personal
information. The DPA also provides the general criteria for processing of personal and sensitive personal
information. Where consent is the basis of processing, consent must proceed from an informed choice.
Consent should be freely given, specific, and an informed indication of will, where the data subject
agrees to the collection and processing of personal information about and/or relating to him or her. The
consent shall be evidenced by written, electronic or recorded means.
Proportionality
The processing of information shall be adequate, relevant, suitable, necessary, and not excessive in
relation to a declared and specified purpose. Personal data shall be processed only if the purpose of the
processing could not reasonably be fulfilled by other means. Personal data should not be retained longer
than necessary.
CHAPTER IV
RIGHTS OF THE DATA SUBJECT
SEC. 16. Rights of the Data Subject. – The data subject is entitled to:
(a) Be informed whether personal information pertaining to him or her shall be, are being or have
been processed;
(b) 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:
(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 Commission.
Any information supplied or declaration made to the data subject on these matters shall not be
amended without prior notification of data subject: Provided, That the notification under
subsection (b) shall not apply should the personal information be 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;
(6) 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;
(7) Date when his or her personal information concerning the data subject were last
accessed and modified; and
(8) The designation, or name or identity and address of the personal information
controller;
(d) 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: Provided, That the third parties who have previously received such processed personal
information shall he informed of its inaccuracy and its rectification upon reasonable request of
the data subject;
(e) 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. In this case, the personal information controller may notify third parties who
have previously received such processed personal information; and
(f) Be indemnified for any damages sustained due to such inaccurate, incomplete, outdated, false,
unlawfully obtained or unauthorized use of personal information.
SEC. 17. Transmissibility of 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 in the immediately preceding section.
SEC. 18. Right to Data Portability. – The data subject shall have the right, where personal
information is processed by electronic means and in a structured and commonly used format, to
obtain from the personal information controller a copy of data undergoing processing in an
electronic or structured format, which is commonly used and allows for further use by the data
subject. The Commission may specify the electronic format referred to above, as well as the
technical standards, modalities and procedures for their transfer.
SEC. 19. Non-Applicability. – The immediately preceding sections are not applicable if the
processed personal 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. Likewise, the immediately preceding sections
are not applicable to processing of personal information gathered for the purpose of
investigations in relation to any criminal, administrative or tax liabilities of a data subject.
Rights of the Data Subject
Data subjects should be able to exercise their rights under the Data Privacy Act. This empowers them to
participate in the processing of their personal information and to exercise reasonable control over how
their information is collected and used.
Data subjects have rights:
a. Right to Information
Data subjects should know that personal information relating to them is being processed
and the details and extent of processing. This means having notice of the general
description of the personal information being processed, the purpose, scope and
method of processing, and the recipients of the personal information. Data subjects
should know of the methods used for automated access and the period for storing
personal information. Data subjects should be informed about their rights, how these
can be exercised and how they can contact the personal information controller.
b. Right to Object
Data subjects can object to the personal information processing and should have the
opportunity to withdraw consent, particularly if the basis of processing is the data
subject’s consent.
Data subjects can access and request for the contents of their personal information
processed and other information relevant to the sources of the data, recipients and
reasons for disclosures, and any automated decision-making.
Data subjects have a right to data portability. This means that if personal information is
processed by electronic means and in a structured and commonly used format, they can
obtain an electronic copy of the personal information undergoing processing.
d. Right to Correct
Data subjects have rights to the correction of any inaccuracy or error in their personal
information and they may also request that those who previously received the
information be informed of its inaccuracy.
e. Right to Erase
Data subjects have rights to suspend, withdraw, or order the blocking or erasure of their
personal information from the personal information controller’s records or filing system on
any of the following grounds:
Data subjects have a right to file a complaint for a data privacy violation. If such
violations are established, the data subjects will be entitled to payment of damages.