Law Summary
Scope of Application
- Applies to all personal data processing by natural or juridical persons in government or private sector.
- Covers processing done inside or outside the Philippines with links to the country.
- Exempts certain public sector information, journalistic activities, research purposes, and law enforcement functions.
- Requires minimum processing for exempt information and emphasizes protection of data subject rights.
- Provides special protection to journalists and their confidential sources.
National Privacy Commission: Mandate and Functions
- Independent regulatory body administering and implementing the Act.
- Functions include rule-making, advisory services, public education, compliance monitoring, complaints adjudication, and enforcement.
- Authority to issue administrative orders, conduct investigations, and impose sanctions.
- Structure includes Privacy Commissioner (head), Deputy Commissioners, and Secretariat with specialized offices.
- Confidentiality duty imposed on Commission personnel even after termination of service.
Data Privacy Principles
- Processing allowed only with adherence to transparency, legitimate purpose, and proportionality.
- Collection must be for declared, specified, and lawful purposes with consent where required.
- Personal data must be accurate, adequately safeguarded, and retained no longer than necessary.
- Authorized further processing allowed for historical, statistical or scientific purposes with safeguards.
- Data sharing governed by consent, legal authorization, and agreements with safeguards.
Lawful Processing of Personal Data
- Processing personal information lawful if consented by data subject or under specified exceptions (contract, legal obligation, vital interest, public safety, public authority mandate, or legitimate interests not overriding rights).
- Processing sensitive personal or privileged information generally prohibited except by consent, legal provisions, medical treatment, public interest, or for legal claims.
- Extends protection to privileged communication and regulates surveillance and interception to comply with data privacy standards.
Security Measures for Protection of Personal Data
- Controllers and processors must implement reasonable organizational, physical, and technical security measures.
- Organizational security includes designating compliance officers, data protection policies, record-keeping, employee supervision, and contract compliance.
- Physical security involves access controls, secure office design, disposal procedures, and safeguards against disasters.
- Technical security entails network protection, system resilience, encryption, access control, and regular testing.
- Security levels tailored to data nature, processing risk, and organizational factors.
Security of Sensitive Personal Information in Government
- Agency heads responsible for securing sensitive personal information.
- Access to sensitive data limited to authorized personnel with security clearance.
- Strict regulation of on-site and online access; off-site access must be approved with encryption and accountability.
- Applies similar standards to government contractors handling sensitive data.
Rights of Data Subjects
- Rights to be informed, object, access, rectify, erase/block personal data, and claim damages.
- Right to data portability in structured electronic formats.
- Rights transmissible to heirs or assigns upon incapacity or death of data subject.
- Limits on rights for scientific research or investigations to the minimum necessary.
Data Breach Notification
- Controllers must notify the Commission and affected data subjects within 72 hours of a breach involving sensitive or identity-fraud enabling information.
- Notification includes breach nature, affected data, mitigation steps, and contact persons.
- Delays only allowed to assess breach scope or protect investigations.
- Commission may exempt or postpone notification in public interest.
- Detailed reporting and documentation of breaches required.
Outsourcing and Subcontracting Agreements
- Processing may be outsourced with safeguards ensured by binding contracts.
- Contracts must specify purpose, nature, duration, obligations and rights, confidentiality, security measures, audit rights, and restrictions on subcontracting.
- Personal information processors must comply with law and contractual duties.
Registration and Compliance Requirements
- Personal data processing systems involving sensitive data of 1,000+ individuals must be registered.
- Automated decision-making systems affecting data subjects must be notified.
- Commission reviews compliance, agreements, data sharing, and reported violations.
Accountability Rules
- Controllers accountable for data under their control including data outsourced or transferred.
- Must ensure comparable protection by processors and designate accountable officers.
- Violations entail administrative sanctions, fines, indemnities, or criminal prosecution.
Penalties
- Penalties include imprisonment and substantial fines for unauthorized processing, negligent access, improper disposal, unauthorized purposes, unauthorized access and breaches, concealment of breaches, malicious or unauthorized disclosures.
- Enhanced penalties for large-scale offenses, public officers, corporations, and aliens.
- Commission may order restitution and impose fines or bans on processing.
Miscellaneous Provisions
- Appeals to courts allowed from Commission decisions.
- Compliance deadlines and possible extensions established.
- Appropriations provided for Commission's operations.
- Interpretations favor data subject rights.
- Separability, repealing, and effectivity clauses included.