Question & AnswerQ&A (NPC CIRCULAR NO. 18-01)
The NPC is authorized to provide assistance on matters relating to privacy or data protection, promulgate rules to facilitate the drafting of advisory opinions, determine the requirements, and provide guidelines for efficiency and adequacy of response to requests for advisory opinions.
An advisory opinion is a determination of the NPC on matters relating to data privacy or data protection, based on facts and circumstances presented by the requesting party, serving to provide guidance but not binding as a standing rule, nor adjudicating issues or imposing sanctions.
Requests for advisory opinions can be made by national or local agencies, private entities, or any person.
The letter must include the name, business or postal address, telephone, and email of the requesting party; the issues or legal questions to be clarified; a comprehensive narrative of facts and legal bases; an affidavit or certification that the matter is not pending litigation or investigation; and all relevant documents.
Subjects include interpretation of the Data Privacy Act (DPA), its IRR, and NPC Issuances; compliance requirements under the DPA; enforcement of data privacy laws; and other related matters concerning personal data privacy, security, and protection.
Yes, the requesting party may file a letter of withdrawal any time before issuance of the advisory opinion, but the NPC may still proceed to render the opinion at its discretion.
The advisory opinion request shall be held in abeyance, and the complaint handled according to NPC Circular 16-04, with the complaint given precedence as it involves adjudication and sanctions.
Yes, every request may be subject to reasonable fees as prescribed by the NPC in a separate issuance.