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carolinecorro
INTRODUCTION
“Sec. 1. No person shall be deprived of life, liberty, or property without due process
of law, nor shall any person be denied the equal protection of the laws.”
“Sec. 2. The right of the people to be secure in their persons, houses papers, and
effects against unreasonable searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant or warrant of arrest shall issue
except upon probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses he
may produce, and particularly describing the place to be searched and the persons
or things to be seized.”
“Sec. 6. The liberty of abode and of changing the same within the limits prescribed
by law shall not be impaired except upon lawful order of the court. Neither shall
the right to travel be impaired except in the interest of national security, public
safety, or public health as may be provided by law.”
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“Sec. 8. The right of the people, including those employed in the public and private
sectors, to form unions, associations, or societies for purposes not contrary to law
shall not be abridged.”
Similarly, the Civil Code provides that “[e]very person shall respect the dignity,
personality, privacy and peace of mind of his neighbors and other persons” and
punishes as actionable torts several acts by a person of meddling and prying into
the privacy of another.1 It also holds a public officer or employee or any private
individual liable for damages for any violation of the rights and liberties of another
person,2 and recognizes the privacy of letters and other private
communications.3
In like manner, the Revised Penal Code makes a crime the violation of secrets by
an officer,4 the revelation of trade and industrial secrets,5 and trespass to
dwelling.6 Invasion of privacy is an offense in special laws like the Anti-
Wiretapping Law,7 the Secrecy of Bank Deposits Act8 and the Intellectual
Property Code.9
Republic Act No. 10173, also known as the Data Privacy Act of 2012, is an act
protecting individual personal information in information and communications
systems in the government and the private sector, creating for this purpose a
national privacy commission, and for other purposes.
The Data Privacy Act of 2012 aims to protect the fundamental human right of
privacy, of communication while ensuring free flow of information to promote
innovation and growth. It also aims to ensure that personal information in
information and communications systems in the government and in the private
sector are secured and protected.
This Act was approved by President Benigno S. Aquino III on August 15, 2012. It
contains nine (9) chapters and forty five (45) sections. It was published on August
24, 2012. it took effect on September 8, 2012, which was 15 days after its
publication in at least two (2) national newspapers of general circulation. An
independent body known as National Privacy Commision was created to
administer and implement the provisions of this Act and to monitor and ensure
compliance of the country with international standard set for data protection.
This Act is based on standards set by the European Parliament and at par with the
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The enactment of this law hopes to maintain the competitiveness of our country
and boost investments in the information technology-business processing
outsourcing (IT-BPO) sectors and support a healthy information and
communications technology (ICT) industry.
1. Principally deals with the processing of Personal Information (Sec. 3g) and
Sensitive Personal Information (Section 3l);
2. It paved the way for the creation of the National Privacy Commission which has
yet to promulgate the Implementing Rules and Regulations (Sec. 7).
d. when the life and health, or other vital interests of the data subject are involved;
5. Data subject has the right to know if their personal information is being processed.
The person can demand information such as the source of info, how their personal
information is being used, and copy of their information. One has the right to
request removal and destruction of one’s personal data unless there is a legal
obligation that required for it to be kept or processed. (Secs. 16 and 18)
6. If the data subject has already passed away or became incapacitated (for one
reason or another), their legal assignee or lawful heirs may invoke their data
privacy rights. (Sec. 17)
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9. Heads of government agencies must ensure their system compliance to this law
(including security requirements). Personnel can only access sensitive personal
information off-site, limited to 1000 records, in government systems with proper
authority and in a secured manner. (Sec. 22)
10. Contracts, which involve the access of sensitive personal information from one
thousand (1,000) or more individuals, shall register their Personal Information
Processing System with the Commission (Sec. 24).
11. Penalties of imprisonment ranging from three (3) years to six (6) and a fine not
less than One Million Pesos (Php1,000,000.00) but not to exceed Five Million
Pesos (Php5,000,000.00) shall be imposed on the processing of personal
information and sensitive personal information based on the following acts:
11. An accessory penalty consisting in the disqualification to occupy public office for a
term double the term of criminal penalty imposed shall he applied if the offense is
committed by a public officer (Sec. 36).
SCOPE
Section 4 of Republic Act No. 10173 or the Data Privacy Act of 2012 provides that
this Act shall apply to the processing of all types of personal information and to
any natural and juridical person involved in personal information processing
including those personal information controllers and processors who, although
not found or established in the Philippines, use equipment that are located in the
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4. Information necessary in order to carry out the functions of public authority which
includes the processing of personal data for the performance by the independent,
central monetary authority and law enforcement and regulatory agencies of their
constitutionally and statutorily mandated functions. Nothing in this Act shall be
construed as to have amended or repealed Republic Act No. 1405, otherwise
known as the Secrecy of Bank Deposits Act; Republic Act No. 6426, otherwise
known as the Foreign Currency Deposit Act; and Republic Act No. 9510, otherwise
known as the Credit Information System Act (CISA);
5. Information necessary for banks and other financial institutions under the
jurisdiction of the independent, central monetary authority or Bangko Sentral ng
Pilipinas to comply with Republic Act No. 9510, and Republic Act No. 9160, as
amended, otherwise known as the Anti-Money Laundering Act and other
applicable laws; and
At the outset, it must be born in mind that the Data Privacy Act of 2012 principally
regulates the processing of personal information and sensitive personal
information of an individual.
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In relation thereto, Commonwealth Act. No. 591 penalizes the disclosure by any
person of data furnished by the individual to the NSO with imprisonment and
fine. Republic Act. No. 1161 prohibits public disclosure of SSS employment records
and reports. These laws, however, apply to records and data with the NSO and the
SSS. In the instant scenario, there is no “processing” nor “data” to speak of.
In fine, there being no data nor any personal information to be processed in the
given problem, A’s act did not violate the Data Privacy Act.
CONCLUSION
At any rate, even if the National Privacy Commission has not yet come out with its
Implementing Rules and Regulations, a plain reading of the provisions of the
Data Privacy Act of 2012 clearly shows the legislature’s continuing concern to the
protection of the right to privacy consistent with the continuing advancement in
technology. As succinctly explained in Whalen vs. Roeis:11
“We are not unaware of the threat to privacy implicit in the accumulation of vast
amounts of personal information in computerized data banks or other massive
government files. The collection of taxes, the distribution of welfare and social
security benefits, the supervision of public health, the direction of our Armed
Forces and the enforcement of the criminal laws all require the orderly
preservation of great quantities of information, much of which is personal in
character and potentially embarrassing or harmful if disclosed. The right to collect
and use such data for public purposes is typically accompanied by a concomitant
statutory or regulatory duty to avoid unwarranted disclosures.”
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In Ople vs. Torres,12 the Supreme Court underscored in no uncertain terms, that
the right to privacy does not bar all incursions into individual privacy. The right is
not intended to stifle scientific and technological advancements that enhance
public service and the common good. It merely requires that the law be narrowly
focused and a compelling interest justify such intrusions. Intrusions into the right
must be accompanied by proper safeguards and well-defined standards to prevent
unconstitutional invasions. Any law or order that invades individual privacy will
be subjected by the Court to strict scrutiny.13
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