Republic Act No. 10173
What is the Data Privacy Act of the Philippines?
What is the purpose of the Data Privacy Act 2012? Data Privacy Act 2012 or Republic Act No. 10173 is a law that the Philippine Congress has enacted to protect the individual’s personal data, whether sensitive or otherwise, in the information and communications systems of the government and of the private sector.
What is data security law?
Data Security Laws–Private Sector. A person, sole proprietorship, partnership, government entitym corporation, nonprofit, trust, estate, cooperative association, or other business entity that acquires or uses sensitive personally identifying information. to protect sensitive personally identifying information against a breach of security.
What is the privacy law in the Philippines?
This act is known as Republic Act No. 1111. The Data Privacy Act (also referred to as 10173), has many different meanings. This law seeks to protect various types of personal information at all levels, including those who handle them directly and from harm. what are the data privacy laws? what is the philippine data privacy act of 2012?
What are data laws?
While data privacy laws are generally meant to protect the privacy of consumers, there have been concerns about freedom of speech and access to unregulated internet. For example, both Google and Facebook can’t be accessed in China.
What is 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.
How long is the Privacy Commissioner of the Philippines?
The Privacy Commissioner and the two (2) Deputy Privacy Commissioners shall be appointed by the President of the Philippines for a term of three (3) years, and may be reappointed for another term of three (3) years. Vacancies in the Commission shall be filled in the same manner in which the original appointment was made.
What is the purpose of the National Privacy Commission?
AN ACT PROTECTING INDIVIDUAL PERSONAL INFORMATION IN INFORMATION AND COMMUNICATIONS SYSTEMS IN THE GOVERNMENT AND THE PRIVATE SECTOR, CREATING FOR THIS PURPOSE A NATIONAL PRIVACY COMMISSION, AND FOR OTHER PURPOSES
How old do you have to be to be a privacy commissioner?
The Privacy Commissioner must be at least thirty-five (35) years of age and of good moral character, unquestionable integrity and known probity, and a recognized expert in the field of information technology and data privacy.
What is the Republic Act 10173?
What is section 28?
SECTION 28. Processing of Personal Information and Sensitive Personal Information for Unauthorized Purposes.
What is the SEC. 5?
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.
How many employees are required to comply with the DPA?
Policies on how companies protect data from third parties, like hackers, are part of the DPA. According to this Act, each company with at least 250 employees or who can access the data of at least 1,000 people are required to comply with the act.
What is data privacy?
English. Cebuano English Filipino. The simplest definition of data privacy is that it is the branch of data security concerned about the proper handling of data. Whether or not you consent to give your data when it is requested of you, how this data is stored and protected, how you can access and update data – these are all facets of data privacy.
Why is the Data Privacy Act of 2012 important?
This is why the Data Privacy Act of 2012 is important. The Data Privacy Act (DPA) or Republic Act 10173 holds companies accountable for the data they encounter – whether or not these are for customers, or even the profiles of their employees. Policies on how companies protect data from third parties, like hackers, are part of the DPA.
Does the NPC protect sensitive information?
The NPC has no easy task in protecting personal and sensitive information, but at least there are laws in place that can help safeguard data. However, basic precautions and continuous vigilance must always come from the source: ourselves.
Who is responsible for the DPA?
The DPA’s implementation falls under the jurisdiction of the National Privacy Commission (NPC), which “protects individual personal information and upholds the right to privacy by regulating the processing of personal information.”.
What is the Philippines data privacy law?
10173, or the Philippine Data Privacy Act of 2012 (RA10173), was signed into law on August 15, 2012. This is the comprehensive law that governs data privacy protection in the Philippines.RA 10173 mandates the creation of the National Privacy Commission (NPC) which shall implement the law.
What are the penalties for a violation of RA10173?
Finally, violations of RA10173 are meted by mandatory imprisonment and fine. A higher range of penalties is imposed when sensitive personal information is involved. Maximum penalties are imposed when the personal information of at least 100 persons is affected (large scale).
What is RA10173?
The law outlines the general principles on security of personal information, as well as accountability with respect to transfer of personal information. Specific provisions are laid down concerning security of sensitive personal information in the government, as well as provisions on data breach. Finally, violations of RA10173 are meted by …
What is sensitive personal information?
‘Personal information’ refers to any information from which the identity of an individual is apparent or can be reasonably and directly ascertained, or when put together with other information would directly and certainly identify the individual. ‘Sensitive personal information’ refers to personal information about one’s race, marital status, age, colour, religious, philosophical or political affiliations, health, education, any court proceedings issued by government agencies peculiar to an individual (e.g., social security numbers, health records, licences, tax returns) and those specifically declared as classified by law or regulation.
What is information on a government servant?
Information on any current or previous government servant that relates to the position or functions of said individual; Information relating to the services performed by an individual under a government contract; Information relating to any discretionary financial benefit given by the government to an individual;
Why is information necessary?
Information necessary in order to carry out the functions of public authority; Information necessary for banks and financial institutions to comply with the Anti-Money Laundering Act; and. Personal information collected from residents of foreign jurisdictions in accordance with the laws of those foreign jurisdictions.
When did the Republic Act 10911 lapse?
Republic Act No. 10911 (also known as the ‘Anti-Age Discrimination in Employment Act’) lapsed into law on 21 July …
What are the requirements for breach notification?
The law further provides that not all “personal data breaches” require notification., which provides several bases for not notifying data subjects or the data protection authority. Section 38 of the IRRs provides the requirements of breach notification: 1 The breached information must be sensitive personal information, or information that could be used for identity fraud, and 2 There is a reasonable belief that unauthorized acquisition has occurred, and 3 The risk to the data subject is real, and 4 The potential harm is serious.
How long does it take to notify the National Privacy Commission of a breach of personal data?
The law places a concurrent obligation to notify the National Privacy Commission as well as affected data subjects within 72 hours of knowledge of, or reasonable belief by the data controller of, a personal data breach that requires notification.
What is consent required for?
The act states that the collection of personal data “must be a declared, specified, and legitimate purpose” and further provides that consent is required prior to the collection of all personal data. It requires that when obtaining consent, the data subject be informed about the extent and purpose of processing, and it specifically mentions the “automated processing of his or her personal data for profiling, or processing for direct marketing, and data sharing.” Consent is further required for sharing information with affiliates or even mother companies.
What is the data privacy law in the Philippines?
In 2012 the Philippines passed the Data Privacy Act 2012, comprehensive and strict privacy legislation “to protect the fundamental human right of privacy, …
What is required agreement?
The law requires that when sharing data, the sharing be covered by an agreement that provides adequate safeguards for the rights of data subjects, and that these agreements are subject to review by the National Privacy Commission.
What is the law in the Philippines?
The Philippines law takes the approach that “The processing of personal data shall be allowed subject to adherence to the principles of transparency, legitimate purpose, and proportionality.”.
How much is the penalty for concealment of personal information?
Persons having knowledge of a security breach involving sensitive personal information and of the obligation to notify the commission of same, and who fail to do so, may be subject to penalty for concealment, including imprisonment for 1 1/2 to five years of imprisonment, and a fine of approximately $10,000 – $20,000.
What is the data privacy law in the Philippines?
T he Philippine Data Privacy Act of 2012 was signed into law on 15 August 2012. This is a comprehensive law that governs data privacy protection in the country. The National Privacy Commission (NPC) – the government agency primarily mandated under the law to oversee the administration and implementation of the act – promulgated on 24 August 2016 the Implementing Rules and Regulations (IRR) of the act. The act was promulgated in response to the freer exchange of personal data at the global stage, and the setting of international standards for data protection, with the Philippines being the global leader in business process outsourcing (BPO) services.
What is the difference between personal information and sensitive information?
The act distinguishes “personal information” from “sensitive personal information”, as different requirements for lawful processing are prescribed. Personal information refers to any information from which the identity of an individual is apparent, or can be reasonably and directly ascertained, or when put together with other information would directly and certainly identify the individual. Sensitive personal information refers to personal information about one’s race, marital status, age, and religious, philosophical or political affiliations. It includes health and education, any court proceedings, information issued by government agencies peculiar to an individual (e.g., social security numbers, health records, licences and tax returns), and those specifically declared as classified by law or regulation.
What is the law on personal information?
The law outlines the general principles on security of personal information, as well as accountability with respect to the transfer of personal information. Specific provisions are laid down concerning the security of sensitive personal information in the government, as well as provisions on a data breach and the basic guidelines for reporting instances of data breaches.
When was the GDPR created?
The data privacy regime had its origins as early as 2006, when the Department of Trade and Industry (DTI) issued DTI Administrative Order No. 8-2006, the Guidelines on the Protection of Personal Data. This issuance was patterned after the EU’s then Data Protection Directive of 1995, the predecessor of the current General Data Protection Regulation (GDPR). Hence, the act is deeply rooted in the standards and principles espoused by the GDPR.
Do you need consent to process personal data?
The law and its IRR generally require consent from the data subjects before one can validly process personal data, unless the processing is covered by any of the conditions expressly outlined in the act and its IRR. Note that the act only recognises a valid express consent – and frowns on implied consent – which is defined under the act as “any freely given, specific, informed indication of will … [and] shall be evidenced by written, electronic or recorded means”.
What is the DPA in the Philippines?
In general, the DPA and the IRR apply to the processing of personal data when the entity involved in the processing is found or is established in the Philippines or the processing is done or engaged in the Philippines . The law also applies to the processing of personal data, even if the processing is engaged in or occurs outside of the Philippines, if the personal data involved relates to a Philippine citizen or resident or when the act, practice or processing of personal data is done or engaged in by an entity with links to the Philippines. This might include among others use of equipment located in the Philippines, entering into a contract in the Philippines, or maintaining a branch office or subsidiary in the Philippines while providing access to personal data to the parent or affiliate entity.
What is the difference between a personal information controller and a personal information processor?
The DPA makes a distinction between personal information controllers and personal information processors, where the former refers to those who decide on the scope of the information collected, including the purpose or extent of its processing, while the latter refers to those to whom the processing of personal data is outsourced. While processing can be subcontracted, the controller remains responsible for ensuring the confidentiality of data, and can be made liable for damages to a data subject, even if the processor was at fault.
What is the principle of proportionality?
The principle of proportionality requires the scope and method of processing personal data to be “relevant , suitable , necessary and not excessive in relation to a declared and specified purpose.” An example of a rule that implements this principle is the rule limiting the processing of personal data to only to what is necessary and compatible with the declared and specified purpose, as well as the rule limiting the retention period of personal data to only for as long as necessary.
What is the principle of legitimate purpose?
The principle of legitimate purpose requires that the processing of personal data be “compatible with a declared and specified purpose , which must not be contrary to law, morals, or public policy.” A rule that reflects this policy is the need for collection and processing of personal data to be pursuant to a criterion for lawful processing.
What is the principle of transparency?
The principle of transparency refers to the duty of personal information controllers and processors to inform data subjects of the nature, purpose, and extent of the processing of their personal data. The principle is reflected in, among others, the rule requiring data subjects to be informed of certain specific information relating to the collection and processing of their personal data, such as, the identity and contact details of the personal information controller or its representative, scope and method of processing, the recipient or classes of recipients of their personal data and the basis of processing of their personal data when they have not provided consent.
What is considered sensitive personal information?
SPI refers to information involving matters such as race, ethnic origin, marital status, age, colour, and religious, philosophical or political affiliations, health, education, genetic or sexual life of a person, or to any proceedings for any offence committed or alleged to have been committed by such person. It also includes personal information issued by government agencies that is peculiar to an individual, such as his or her social security number or licences. In general, the requirements and standards for collecting and processing sensitive personal information are more restrictive and sanctions for breaches involving SPI are graver.
What is the DPA?
The DPA regulates the collection and processing of personal information, that is, “any information whether recorded in a material form or not, from which the identity of an individual is apparent or can reasonably and directly be ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.”