DATA PRIVACY ACT OF 2012: Privacy in Internet Era is Still Possible

With the rapid development in the world of information and communication technology over several years in which almost all the transactions and services offered by private and public entities are done through the help of computers which others are connected to the internet, an individuals personal information is not guaranteed to be safe in hands of the said institutions. Goverment agencies, banking institutions, schools and universities, telecommunication companies, electric companies, cable companies, insurance companies, hospitals and clinics and other private entities, all of them required us to fill up in their information sheets in order for us to avail of their service. Last August 1 , !"1!, #hilippine #resident $enigno %&oynoy' Aquino ((( signed )epublic Act &o. 1"1*+ or otherwise known as the %,ata #rivacy Act of !"1!'. -his Law aims to to protect the fundamental human right of privacy, of communication while ensuring free flow of information to promote innovation and growth and to ensure that personal information in information and communications systems in the government and in the private sector are secured and protected. (t will also create an independent commission to be known as &ational #rivacy .ommission which is under the umbrella of the /ffice of the #resident. $eing safe most of the time is the best felling that everyone wanted. #rotecting any of my personal information whether sensitive or not is very important to me nowadays because who knows what if someone stole my identity and used it in illegal or unlawfull acts and then ( will be the one who become liable even if someone committed that crime. ( am happy that -he ,ata #rivacy Act have been signed into law atleast some of those person using unauthori0ed personal information will think twice before committing that illegal act. (t is not a guarantee that the passing of )A 1"1*+ will absolutely secure and protect an individuals personal information from improper processing because of dishonest and corrupt employee1s or officials who are willing to dispose personal information for the right price and those who use their connection or position in public office. ,ata sub2ect refers to an individual whose personal information is processed. #ersonal 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. #ersonal information controller refers to a person or organi0ation who controls the collection, holding, processing or use of personal information, including a person or organi0ation who instructs another person or organi0ation to collect, hold, process, use, transfer or disclose personal information on his or her behalf. -he term e3cludes4 1. A person or organi0ation who performs such functions as instructed by another person or organi0ation5 and !. An individual who collects, holds, processes or uses personal information in connection with the individual1s personal, family or household affairs. #ersonal information processor refers to any natural or 2uridical person qualified to act as such under this Act to whom a personal information controller may outsource the processing of personal data pertaining to a data sub2ect. #rocessing refers to any operation or any set of operations performed upon personal information including, but not limited to, the collection, recording, organi0ation, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction of data.

6ensitive personal information refers to personal information about an individual1s race, ethnic origin, marital status , age, color, religious, philosophical or political affiliations, health, education, genetic or se3ual life of a person, any proceeding for any offense committed or alleged to have been committed by such person, the disposal of such proceedings, the sentence of any court in such proceedings, issued by government agencies peculiar to an individual which includes, but not limited to, social security numbers, previous or cm7rent health records, licenses or its denials, suspension or revocation, and ta3 returns5 and specifically established by an e3ecutive order or an act of .ongress to be kept classified. ( believe that these things should not be made known to public because it can be a cause of descrimination or harm to one person in such a way for e3ample if in the history of one person he has been confined to a mental health hospital or you have a chinese blood in which nowadays .hina is bullying the #hilippines regarding the boundary disputes. All of these information should be keep confidential and should be use only for legitimate purpose 6cope of the law -his Act applies to the processing of all types of personal information and to any natural and 2uridical person involved in personal information processing including those personal information controllers and processors who although not found or established in the #hilippines, use equipment that are located in the #hilippines, and to those who maintain an office, branch or agency in the #hilippines 83cluded are the following4 a. (nformation 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, including4 b. (nformation 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 services5 c. (nformation 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 e3act nature of the benefit5 d. #ersonal information processed for 2ournalistic, artistic, literary or research purposes5 e. (nformation 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. &othing in this Act shall be construed as to have amended or repealed )epublic Act &o. 19" , otherwise known as the 6ecrecy of $ank ,eposits Act5 )epublic Act &o. :9!:, otherwise known as the ;oreign .urrency ,eposit Act5 and )epublic Act &o. < 1", otherwise known as the .redit (nformation 6ystem Act =.(6A>5 f. (nformation necessary for banks and other financial institutions under the 2urisdiction of the independent, central monetary authority or $angko 6entral ng #ilipinas to comply with )epublic Act &o. < 1", and )epublic Act &o. <1:", as amended, otherwise known as the Anti7?oney Laundering Act and other applicable laws5 and g. #ersonal information originally collected from residents of foreign 2urisdictions in accordance with the laws of those foreign 2urisdictions, including any applicable data privacy laws, which is being processed in the #hilippines. 68.. . Protection Afforded to Journalists and Their Sources. &othing in this Act shall be construed as to have amended or repealed the provisions of )epublic Act &o. +, which affords the publishers, editors

or duly accredited reporters of any newspaper, maga0ine 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. (n connection with the 1<@* #hilippine .onstitution which provides in 6ection + that -he privacy of communication and correspondence shall be inviolable e3cept upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law. Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding' and also 6ection 9 provides that &o law shall be passed abridging the freedom of speech, of e3pression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances', ( think section of )A 1"1*+ does not violate this two constitutional provision in our .onstitution but still i am worried that this 2ournalist will be vulnerable in abusing such right granted to them. ( want this law to have a clear guidelines to 2ournalists as to the limitations of this protection. -A8 &A-(/&AL #)(BA.C ./??(66(/& -his independent body is created 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. -he .ommission shall ensure at all times the confidentiality of any personal information that comes to its knowledge and possession. -he .ommission shall be attached to the ,epartment of (nformation and .ommunications -echnology =,(.-> and shall be headed by a #rivacy .ommissioner, who shall also act as .hairman of the .ommission. -he #rivacy .ommissioner shall be assisted by two =!> ,eputy #rivacy .ommissioners, one to be responsible for ,ata #rocessing 6ystems and one to be responsible for #olicies and #lanning. -he #rivacy .ommissioner and the two =!> ,eputy #rivacy .ommissioners shall be appointed by the #resident of the #hilippines for a term of three =+> years, and may be reappointed for another term of three =+> years. -he .ommission is hereby authori0ed to establish a 6ecretariat. ?a2ority of the members of the 6ecretariat must have served for at least five = > years in any agency of the government that is involved in the processing of personal information including, but not limited to, the following offices4 6ocial 6ecurity 6ystem =666>, Government 6ervice (nsurance 6ystem =G6(6>, Land -ransportation /ffice =L-/>, $ureau of (nternal )evenue =$()>, #hilippine Aealth (nsurance .orporation =#hilAealth>, .ommission on 8lections =./?8L8.>, ,epartment of ;oreign Affairs =,;A>, ,epartment of Dustice =,/D>, and #hilippine #ostal .orporation =#hilpost>. ;unctions a. 8nsure compliance of personal information controllers with the provisions of this Act5 b. )eceive complaints, institute investigations, facilitate or enable settlement of complaints through the use of alternative dispute resolution processes, ad2udicate, 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, publici0e any such report4 Provided, -hat in resolving any complaint or investigation =e3cept where amicable settlement is reached by the parties>, the .ommission shall act as a collegial body. ;or this purpose, the .ommission may be given access to personal information that is sub2ect of any complaint and to collect the information necessary to perform its functions under this Act5 c. (ssue 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 interest5 d. .ompel or petition any entity, government agency or instrumentality to abide by its orders or take action on a matter affecting data privacy5 e. ?onitor 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 Act5

f. g. h. i.

2.

k. l. m. n. o. p. q.

.oordinate 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 country5 #ublish on a regular basis a guide to all laws relating to data protection5 #ublish a compilation of agency system of records and notices, including inde3 and other finding aids5 )ecommend to the ,epartment of Dustice =,/D> the prosecution and imposition of penalties specified in 6ections ! to !< of this Act5 )eview, approve, re2ect or require modification of privacy codes voluntarily adhered to by personal information controllers4 Provided, -hat the privacy codes shall adhere to the underlying data privacy principles embodied in this Act4 Provided, further, -hat such privacy codes may include private dispute resolution mechanisms for complaints against any participating personal information controller. ;or this purpose, the .ommission 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 authori0ed to principally regulate pursuant to the law4 Provided, finally. -hat the .ommission may review such privacy codes and require changes thereto for purposes of complying with this Act5 #rovide assistance on matters relating to privacy or data protection at the request of a national or local agency, a private entity or any person5 .omment 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 laws5 #ropose legislation, amendments or modifications to #hilippine laws on privacy or data protection as may be necessary5 8nsure proper and effective coordination with data privacy regulators in other countries and private accountability agents, participate in international and regional initiatives for data privacy protection5 &egotiate and contract with other data privacy authorities of other countries for cross7 border application and implementation of respective privacy laws5 Assist #hilippine companies doing business abroad to respond to foreign privacy or data protection laws and regulations5 and Generally perform such acts as may be necessary to facilitate cross7border enforcement of data privacy protection.

#)/.866(&G /; #8)6/&AL (&;/)?A-(/& -he processing of personal information shall be allowed, sub2ect to compliance with the requirements of this Act and other laws allowing disclosure of information to the public and adherence to the principles of transparency, legitimate purpose and proportionality. #ersonal information must, be4 a. .ollected for specified and legitimate purposes determined and declared before, or as soon as reasonably practicable after collection, and later processed in a way compatible with such declared, specified and legitimate purposes only5 b. #rocessed fairly and lawfully5 c. Accurate, relevant and, where necessary for purposes for which it is to be used the processing of personal information, kept up to date5 inaccurate or incomplete data must be rectified, supplemented, destroyed or their further processing restricted5

d. Adequate and not e3cessive in relation to the purposes for which they are collected and processed5 e. )etained only for as long as necessary for the fulfillment of the purposes for which the data was obtained or for the establishment, e3ercise or defense of legal claims, or for legitimate business purposes, or as provided by law5 and f. Eept in a form which permits identification of data sub2ects for no longer than is necessary for the purposes for which the data were collected and processed4 Provided, -hat personal information collected for other purposes may lie processed for historical, statistical or scientific purposes, and in cases laid down in law may be stored for longer periods4 Provided, further, -hat adequate safeguards are guaranteed by said laws authori0ing their processing. -he personal information controller must ensure implementation of personal information processing principles set out herein. 6ome of the offenses that is violative of this law are4 1. Fnauthori0ed #rocessing of #ersonal (nformation and 6ensitive #ersonal (nformation !. Accessing #ersonal (nformation and 6ensitive #ersonal (nformation ,ue to &egligence +. (mproper ,isposal of #ersonal (nformation and 6ensitive #ersonal (nformation 4. #rocessing of #ersonal (nformation and 6ensitive #ersonal (nformation for Fnauthori0ed #urposes . Fnauthori0ed Access or (ntentional $reach. :. .oncealment of 6ecurity $reaches (nvolving 6ensitive #ersonal (nformation *. ?alicious ,isclosure 8. Fnauthori0ed ,isclosure <. .ombination or 6eries of Acts #enalties imposed for violation of this code ranges from one =1> year to si3 =:> years of imprisonment and a fine of not less than ;ive hundred thousand pesos =# "","""> but not more ;ive million pesos =# ,""",""">.(f the offender is a corporation, partnership or any 2uridical person, the penalty shall be imposed upon the responsible officers, as the case may be, who participated in, or by their gross negligence, allowed the commission of the crime. (f the offender is a 2uridical person, the court may suspend or revoke any of its rights under this Act. (f the offender is an alien, he or she shall, in addition to the penalties herein prescribed, be deported without further proceedings after serving the penalties prescribed. (f the offender is a public official or employee and lie or she is found guilty of acts penali0ed under 6ections !* and !@ of this Act, he or she shall, in addition to the penalties prescribed herein, suffer perpetual or temporary absolute disqualification from office, as the case may be. When the offender or the person responsible for the offense is a public officer as defined in the Administrative .ode of the #hilippines in the e3ercise of his or her duties, an accessory penalty consisting in the disqualification to occupy public office for a term double the term of criminal penalty imposed shall he applied. Re!ealin" Cla#se -he provision of 6ection * of )epublic Act &o. <+*!, otherwise known as the %Auman 6ecurity Act of !""*G, is hereby amended. 83cept as otherwise e3pressly provided in this Act, all other laws, decrees, e3ecutive orders, proclamations and administrative regulations or parts thereof inconsistent herewith are hereby repealed or modified accordingly. Concl#sion

( think passing )A 1"1*+ or -he #rivacy Act of !"1! is a good move on the part of our government in trying to protect and minimi0e crimes which involves using, stealing and unauthori0ed access of personal information of any natural or 2urical person but ( doubt for its effective implementation because at the moment our government has no capability to imposed its good intention for its lack of its financial resources to buy modern equipments and also for lack of skills. 6ources http4HHwww.gov.phH!"1!H"@H1 Hrepublic7act7no71"1*+H http4HHwww.pia.gov.phHnewsHinde3.phpIarticleJ1*@1+9:19+<@: