Sample Consent for the Processing of Employment Information under Data Privacy Act
Sample consent statement is provided here to help employers in crafting their data privacy compliance.
As every company can see, most of the information they collect from their applicants and employees are covered by RA 10173 or the Data Privacy Act. Thus, said pieces of information are either personal information or sensitive personal information.
Processing of personal information is normally allowed but is regulated. While the processing of sensitive personal information such as age, gender, health status, court records/case, SSS number, is generally prohibited. In both cases, there should at least be consent from the employee.
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Below is the suggested statement that companies or employers can use by placing it under the application form or employment contract:
“I, the Data Subject, expressly give my consent to the company to collect, process, store, retain, update, retrieve, my personal information and sensitive personal information indicated in my employment application records as well as the records once I get hired. I undertake that I was made aware that the data and or attendance records that may be taken manually or by biometrics when employed are necessary for payroll purposes. That the HR department or any of its personnel, as well as the compensation and benefits processor, are allowed to access and validate the data given in my application and future employment records. The processing of said information may be made through the internal database, online, cloud storage, or through a sub-contractor. I was made aware of my rights as a Data Subject under the Data Privacy Act.”
The Labor Code of the Philippines 2018 Edition (re-numbered and updated)
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