Are your Personal Data Shared with Companies, Banks, or Institutions Protected?
Republic Act 10173 or the Data Privacy Act of 2012 now has its Implementing Rules and Regulations promulgated by the National Privacy Commission (Commission).
These Rules further enforce the Data Privacy Act and adopt generally accepted international principles and standards for personal data protection.
They safeguard the fundamental human right of every individual to privacy while ensuring free flow of information for innovation, growth, and national development. These Rules also recognize the vital role of information and communications technology in nation building and enforce the State’s inherent obligation to ensure that personal data in information and communications systems in the government and in the private sector are secured and protected.
“Personal data” refers to all types of personal information. While “Personal 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.
“Personal information controller” refers to a natural or juridical person, or any other body who controls the processing of personal data, or instructs another to process personal data on its behalf. The term excludes:
- A natural or juridical person, or any other body, who performs such functions as instructed by another person or organization; or
- A natural person who processes personal data in connection with his or her personal, family, or household affairs.
There is control if the natural or juridical person or any other body decides on what information is collected, or the purpose or extent of its processing.
Personal information controllers are required to do the following:
- Registration of personal data processing systems operating in the country that involves accessing or requiring sensitive personal information of at least one thousand (1,000) individuals, including the personal data processing system of contractors, and their personnel, entering into contracts with government agencies;
- Notification of automated processing operations where the processing becomes the sole basis of making decisions that would significantly affect the data subject;
- Annual report of the summary of documented security incidents and personal data breaches;
- Compliance with other requirements that may be provided in other issuances of the Commission.
The obligation extends to contractor, sub-contractor or the personal information processor.
The personal information controller or personal information processor that employs fewer than two hundred fifty (250) persons shall not be required to register unless the processing it carries out is likely to pose a risk to the rights and freedoms of data subjects, the processing is not occasional, or the processing includes sensitive personal information of at least one thousand (1,000) individuals.
The following acts and omissions are penalized with imprisonment and a fine:
- Unauthorized Processing of Personal Information and Sensitive Personal Information
- Accessing Personal Information and Sensitive Personal Information Due to Negligence
- Improper Disposal of Personal Information and Sensitive Personal Information
- Processing of Personal Information and Sensitive Personal Information for Unauthorized Purposes
- Unauthorized Access or Intentional Breach
- Concealment of Security Breaches Involving Sensitive Personal Information
- Concealment of Security Breaches Involving Sensitive Personal Information
- Malicious Disclosure
- Unauthorized Disclosure
Businesses and industries affected are given one (1) year to comply from the effectivity of the IRR. The IRR was promulgated August 24, 2016. The Rules took effect fifteen (15) days after its publication in the Official Gazette. It was published in the Official Gazette on August 25, 2016. Thus, it took effect September 9, 2016.
Compliance however, begins September 9, 2017.
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