Beruflich Dokumente
Kultur Dokumente
10173 or
the Data Privacy
Act of 2012
INTRODUCTION
An acute observer of the social scene,
Carmen Guerrero-Nakpil, once said: Privacy?
Whats that? There is no precise word for it in
Filipino, and as far as I know any Filipino
dialect and there is none because there is no
need for it. The concept and practice of
privacy are missing from conventional
Filipino life. The Filipino believes that privacy
is an unnecessary imposition, an eccentricity
that is barely pardonable or, at best, an
esoteric Western afterthought smacking of
legal trickery.
Prominent Characteristics:
1. Principally deals with the processing
of Personal Information (Sec. 3g) and
Sensitive
Personal
Information
(Section 3l);
2. It paved the way for the creation of
the National Privacy Commission
which has yet to promulgate the
Implementing Rules and Regulations
(Sec. 7).
Prominent Characteristics:
3. The Processing of Personal Information is
lawful under the following circumstances:
a. there is consent of the data subject;
b. necessary to the fulfillment of a contract or of
a legal obligation;
c. in response to national emergency, public
order and safety;
d. when the life and health, or other vital
interests of the data subject are involved;
e. in pursuit of legitimate interests by the
personal information controller or by a third
party to whom the data is disclosed provided
that the fundamental rights and freedoms of
Prominent Characteristics:
4. On the other hand, processing of Companies who
subcontract processing of personal information to 3rd
party shall have full liability and cant pass the
accountability of such responsibility (Sec. 14).
5. Data subject has the right to know if their personal
information is being processed. The person can
demand information such as the source of info, how
their personal information is being used, and copy of
their information. One has the right to request removal
and destruction of ones personal data unless there is
a legal obligation that required for it to be kept or
processed. (Secs. 16 and 18)
6. If the data subject has already passed away or became
incapacitated (for one reason or another), their legal
assignee or lawful heirs may invoke their data privacy
Prominent Characteristics:
7. Personal information controllers must
ensure security measures are in place to
protect the personal information they
process and be compliant with the
requirements of this law. (Secs. 20 and 21)
8. In case a personal information controller
systems or data got compromised, they
must notify the affected data subjects and
the National Privacy Commission. (Sec. 20)
Prominent Characteristics:
9. Heads of government agencies must ensure
their system compliance to this law (including
security requirements). Personnel can only
access sensitive personal information off-site,
limited to 1000 records, in government
systems with proper authority and in a
secured manner. (Sec. 22)
10.Contracts, which involve the access of
sensitive personal information from one
thousand (1,000) or more individuals, shall
register their Personal Information Processing
Prominent Characteristics:
11.Penalties of imprisonment ranging from three (3)
years to six (6) and a fine not less than One
Million Pesos (Php1,000,000.00) but not to exceed
Five Million Pesos (Php5,000,000.00) shall be
imposed on the processing of personal
information and sensitive personal information
based on the following acts:
a)
b)
c)
d)
e)
f)
g)
h)
SCOPE
- Section 4 of Republic Act No. 10173 or the
Data Privacy Act of 2012 provides that this
Act shall apply to the processing of all types
of personal information and 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
RELATED CASE
G.R. No. 179736, June 26, 2013, SPOUSES
BILL AND VICTORIA HING, PETITIONERS,
VS. ALEXANDER CHOACHUY, SR. AND
ALLAN CHOACHUY, RESPONDENTS.