Definition and Nature of Advisory Opinions
- Advisory opinions provide NPC determinations on data privacy upon request or CID endorsement.
- Based solely on facts and applicable laws submitted.
- Serve as guidance and are non-binding for other cases.
- Cannot adjudicate disputes or impose sanctions; may be referred for investigation if necessary.
Scope and Application
- Rules apply to all advisory opinion requests within NPC's jurisdiction.
Requirements for Request Submission
- Requests must be in a letter addressed to the Privacy Commissioner.
- Letter must include requester’s contact details, novel legal questions, detailed facts, affidavit or certification, and relevant documents.
- Letter not required if request endorsed by the CID.
Permissible Subjects for Advisory Opinions
- Interpretation of the Data Privacy Act (DPA), its IRR, and NPC issuances.
- Compliance requirements under data privacy laws.
- Enforcement-related queries.
- Other data privacy, security, and protection concerns.
Grounds for Denial of Requests
- Issues already judicially decided or pending litigation.
- Matters under NPC investigation or compliance checks.
- Previously issued advisory opinions.
- Questions too general, speculative, or abstract.
- Requests involving contract interpretation or validity.
- Requests reviewing privacy notices, manuals, or policies.
- NPC will issue a denial notice; requester may refile after fulfilling documentary requirements.
- Excessive questions discouraged to allow prompt resolution.
Supporting Documentation
- Mandatory submission of all relevant documents and information.
- NPC may require additional data for proper evaluation.
Withdrawal of Requests
- Requester may withdraw before issuance of opinion for valid reasons.
- NPC may still issue the opinion at its discretion.
Conversion to Complaint
- During pendency, request may be converted into a formal complaint handled by CID.
- Advisory opinion request is suspended pending complaint resolution.
- Documents and findings from opinion request not automatically adopted as evidence.
- Complaint takes precedence over advisory opinion.
- If complaint dismissed, advisory opinion process resumes.
Conference Requirement
- NPC may require the requester to attend a conference for detailed discussion.
Issuance and Timelines
- Advisory opinions issued within 20 working days unless extended for complexity.
- Requester notified of any extension.
- Delivery via electronic or mail copy.
Public Accessibility and Confidentiality
- Advisory opinions published publicly in print or on NPC website.
- Personal and proprietary information redacted or anonymized.
Fees
- Advisory opinion requests may incur reasonable fees as prescribed separately.
Legal and Administrative Provisions
- Separability clause ensures unaffected provisions remain valid if parts declared void.
- Repealing clause nullifies inconsistent prior rules.
- Circular effective 15 days after publication in Official Gazette or newspapers.
Notarization Requirements
- Affidavit requirement applies to individuals; secretary's certificate for legal entities.
- Waivable in meritorious cases.