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PROPERTY OF THE NATIONAL PRIVACY COMMISSION

MARITIME INDUSTRY

STEPS TOWARDS

APPROPRIATE

DATA PROTECTION

THE NATIONAL PRIVACY COMMISSION

Raymund Enriquez Liboro Privacy Commissioner and Chairman 12 July 2018

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

PROPERTY OF THE NATIONAL PRIVACY COMMISSION What the law is all about How it will affect

What the law

is all about

PROPERTY OF THE NATIONAL PRIVACY COMMISSION What the law is all about How it will affect

How it will

affect you

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

PROPERTY OF THE NATIONAL PRIVACY COMMISSION
PROPERTY OF THE NATIONAL PRIVACY COMMISSION
PROPERTY OF THE NATIONAL PRIVACY COMMISSION

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

https://timeline.com/how-the-

first-mass-market-camera-led-to-

the-right-to-privacy-and-roe-v-

wade-4fb4cd87df7a

https://timeline.com/how-the- first-mass-market-camera-led-to- the-right-to-privacy-and-roe-v- wade-4fb4cd87df7a

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

https://timeline.com/how-the-

first-mass-market-camera-led-to-

the-right-to-privacy-and-roe-v-

wade-4fb4cd87df7a

https://timeline.com/how-the- first-mass-market-camera-led-to- the-right-to-privacy-and-roe-v- wade-4fb4cd87df7a
https://timeline.com/how-the- first-mass-market-camera-led-to- the-right-to-privacy-and-roe-v- wade-4fb4cd87df7a

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

RIGHT TO PRIVACY

PROPERTY OF THE NATIONAL PRIVACY COMMISSION RIGHT TO PRIVACY “ the right to be let alone

the right to be let alone

- the most

comprehensive of rights

and the right most

valued by civilized men”

[Brandeis J, dissenting in Olmstead v. United States, 277 U.S. 438 (1928)].

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

1995

Picture from assassination-plot
Picture from
assassination-plot

http://www.rappler.com/specials/pope-

francis-ph/80492-pope-john-paul-

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

2015

Picture from http://dzrhnews.com.ph/pope-silent-upon-hearing-stories-yolanda-victims/
Picture from http://dzrhnews.com.ph/pope-silent-upon-hearing-stories-yolanda-victims/

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

PROPERTY OF THE NATIONAL PRIVACY COMMISSION https://images.dazeinfo.com/wp-content/uploads/2017/06/worlds-most-
PROPERTY OF THE NATIONAL PRIVACY COMMISSION https://images.dazeinfo.com/wp-content/uploads/2017/06/worlds-most-
PROPERTY OF THE NATIONAL PRIVACY COMMISSION https://images.dazeinfo.com/wp-content/uploads/2017/06/worlds-most-

https://images.dazeinfo.com/wp-content/uploads/2017/06/worlds-most-

valuable-brands-2017-vs-2012-forbes.jpg

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

Browsing History
Browsing
History
PROPERTY OF THE NATIONAL PRIVACY COMMISSION Browsing History Home Address Diary Credit Card Billing Statement Which
Home Address
Home
Address
Diary
Diary
PRIVACY COMMISSION Browsing History Home Address Diary Credit Card Billing Statement Which of the following will
Credit Card Billing Statement
Credit
Card
Billing
Statement
History Home Address Diary Credit Card Billing Statement Which of the following will you share with

Which of the

following will you

share with a

stranger?

Facebook Password
Facebook
Password
Phone Messages
Phone
Messages
Credit Card Billing Statement Which of the following will you share with a stranger? Facebook Password

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

DISRUPTION

the displacement of

established technology

by being replaced with

a new one

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

PROPERTY OF THE NATIONAL PRIVACY COMMISSION
PROPERTY OF THE NATIONAL PRIVACY COMMISSION

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

PROPERTY OF THE NATIONAL PRIVACY COMMISSION
PROPERTY OF THE NATIONAL PRIVACY COMMISSION
PROPERTY OF THE NATIONAL PRIVACY COMMISSION

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

PROPERTY OF THE NATIONAL PRIVACY COMMISSION https://www.npr.org/2017/09/26/55 3799200/equifax-ceo-richard-smith-
https://www.npr.org/2017/09/26/55
https://www.npr.org/2017/09/26/55
PRIVACY COMMISSION https://www.npr.org/2017/09/26/55 3799200/equifax-ceo-richard-smith-
PRIVACY COMMISSION https://www.npr.org/2017/09/26/55 3799200/equifax-ceo-richard-smith-
PRIVACY COMMISSION https://www.npr.org/2017/09/26/55 3799200/equifax-ceo-richard-smith-
PRIVACY COMMISSION https://www.npr.org/2017/09/26/55 3799200/equifax-ceo-richard-smith-
PRIVACY COMMISSION https://www.npr.org/2017/09/26/55 3799200/equifax-ceo-richard-smith-

3799200/equifax-ceo-richard-smith-

resigns-after-backlash-over-massive-

data-breach

https://www.esecurityplanet.co

m/network-security/avid-life-

media-ceo-resigns-following-

data-breach.html

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

PROPERTY OF THE NATIONAL PRIVACY COMMISSION DISCRIMINATION People are discriminated because of their race, color or

DISCRIMINATION

People are discriminated because of

their race, color or ethnic origin

Stigmatization

PRIVACY COMMISSION DISCRIMINATION People are discriminated because of their race, color or ethnic origin Stigmatization
PRIVACY COMMISSION DISCRIMINATION People are discriminated because of their race, color or ethnic origin Stigmatization

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

Identity Theft Access to personal information such as name, date of birth, address, or email
Identity Theft
Access to personal
information such as
name, date of birth,
address, or email
address can result to
fraudsters victimizing
individuals.
information such as name, date of birth, address, or email address can result to fraudsters victimizing

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

PROPERTY OF THE NATIONAL PRIVACY COMMISSION
PROPERTY OF THE NATIONAL PRIVACY COMMISSION
PROPERTY OF THE NATIONAL PRIVACY COMMISSION
PROPERTY OF THE NATIONAL PRIVACY COMMISSION

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

PROPERTY OF THE NATIONAL PRIVACY COMMISSION Loss of Reputation People have experienced stalking or harassment online,

Loss of

Reputation

People have experienced

stalking or harassment online,

trouble with family members,

lost a job or educational

opportunity because of

something posted online, and

even as grave as physical

danger.

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

PROPERTY OF THE NATIONAL PRIVACY COMMISSION https://www.philstar.com/nati on/2008/09/06/398622/canist
https://www.philstar.com/nati on/2008/09/06/398622/canist er-scandal-90-day-suspension- 2-docs-nurse-ends
https://www.philstar.com/nati
on/2008/09/06/398622/canist
er-scandal-90-day-suspension-
2-docs-nurse-ends

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

Unfair Decision-Making

Based on Profiling

Personal information such as marital In employment, some status, religious or political affiliations experience
Personal information such as marital
In employment, some
status, religious or political affiliations
experience difficulties
affects the decision-making of
in getting hired while
companies in various cases.
others are unfairly
dismissed.
affects the decision-making of in getting hired while companies in various cases. others are unfairly dismissed.

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

Loss of Autonomy

PROPERTY OF THE NATIONAL PRIVACY COMMISSION Loss of Autonomy
PROPERTY OF THE NATIONAL PRIVACY COMMISSION Loss of Autonomy

http://news.abs-cbn.com/trending/07/27/16/top-gear-sorry-for-identifying-wrong-suspect-in-road-rage

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

RESILIENCE AND THE FILIPINO SPIRIT

PROPERTY OF THE NATIONAL PRIVACY COMMISSION RESILIENCE AND THE FILIPINO SPIRIT
PROPERTY OF THE NATIONAL PRIVACY COMMISSION RESILIENCE AND THE FILIPINO SPIRIT

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

RESILIENCE AND THE FILIPINO SPIRIT

PROPERTY OF THE NATIONAL PRIVACY COMMISSION RESILIENCE AND THE FILIPINO SPIRIT
PROPERTY OF THE NATIONAL PRIVACY COMMISSION RESILIENCE AND THE FILIPINO SPIRIT

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

21 st Century Hazards and Risks

PROPERTY OF THE NATIONAL PRIVACY COMMISSION 21 s t Century Hazards and Risks
PROPERTY OF THE NATIONAL PRIVACY COMMISSION 21 s t Century Hazards and Risks
PROPERTY OF THE NATIONAL PRIVACY COMMISSION 21 s t Century Hazards and Risks

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

PROPERTY OF THE NATIONAL PRIVACY COMMISSION
PROPERTY OF THE NATIONAL PRIVACY COMMISSION
PROPERTY OF THE NATIONAL PRIVACY COMMISSION

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

• effects against unreasonable searches • • worship • Section 6. Liberty of abode and
effects against unreasonable searches
worship
Section 6. Liberty of abode and the right to travel

Philippine Constitution Article 3, Bill of Rights

Section 2. Right to be secure in their persons, houses, papers, and

Section 3. Privacy of communication and correspondence

Section 5. Free exercise and enjoyment of religious profession and

Section 8. Right to information, and access to official records

. Free exercise and enjoyment of religious profession and Section 8 . Right to information, and
. Free exercise and enjoyment of religious profession and Section 8 . Right to information, and

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

What is private then

was what was found within the four corners

of your home and within the

confidentiality of communication.

is private then was what was found within the four corners of your home and within
is private then was what was found within the four corners of your home and within
is private then was what was found within the four corners of your home and within
is private then was what was found within the four corners of your home and within
is private then was what was found within the four corners of your home and within
is private then was what was found within the four corners of your home and within
is private then was what was found within the four corners of your home and within
is private then was what was found within the four corners of your home and within
is private then was what was found within the four corners of your home and within
is private then was what was found within the four corners of your home and within
is private then was what was found within the four corners of your home and within

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

RA 9775 RA 8484 RA 9208 Anti-Child Pornography Act Access Devices Anti-Trafficking RA 9995 Regulation
RA 9775
RA 8484
RA 9208
Anti-Child Pornography Act
Access Devices
Anti-Trafficking
RA 9995
Regulation Act
Act
Anti-Photo and Video Voyeurism
1992
2000
2004
2012
1998
2003
2009
RA 8792
RA 10173
RA 7610
RA 9262
Data Privacy Act
Electronic
Special Protection
Anti-Violence
of Children against
against Women
Commerce
RA 10175
Abuse Act
and Children Act
Cybercrime Prevention Act
Act
of Children against against Women Commerce RA 10175 Abuse Act and Children Act Cybercrime Prevention Act
of Children against against Women Commerce RA 10175 Abuse Act and Children Act Cybercrime Prevention Act

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

The Data Privacy Act (“DPA”) of 2012

Data privacy - acknowledging the rights of

Data Subjects over their data and enforcing

the responsibilities of entities who process

them

PROPERTY OF THE NATIONAL PRIVACY COMMISSION
PROPERTY OF THE NATIONAL PRIVACY COMMISSION
PROPERTY OF THE NATIONAL PRIVACY COMMISSION
PROPERTY OF THE NATIONAL PRIVACY COMMISSION
PROPERTY OF THE NATIONAL PRIVACY COMMISSION

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

Transparency, Legitimate Purpose and Proportionality

a.

b.

c.

Transparency – The data subject must be aware of the nature, purpose, and

extent of the processing of his or her personal data, including the risks and

safeguards involved, the identity of personal information controller, his or her

rights as data subjects, and how these can be exercised. Any information and

communication relating to the processing of personal data should be easy to

access and understand, using clear and plain language.

Legitimate Purpose – The processing of information shall be compatible with a

declared and specific purpose which must not be contrary to law, morals, or

public policy.

processing of information shall be adequate, relevant,

Proportionality – the

suitable, necessary, and not excessive in relation to a declared and specified

purpose. Personal data shall be processed only if the purpose of the

processing could not reasonably be fulfilled by other means.

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

ROOT CAUSES OF BREACH

24%
24%
29%
29%
47%
47%
PRIVACY COMMISSION ROOT CAUSES OF BREACH 24% 29% 47% Malicious or criminal attack System Glitch Human
PRIVACY COMMISSION ROOT CAUSES OF BREACH 24% 29% 47% Malicious or criminal attack System Glitch Human
PRIVACY COMMISSION ROOT CAUSES OF BREACH 24% 29% 47% Malicious or criminal attack System Glitch Human

Malicious or

criminal attack

System Glitch

Human Error

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

HOW DO PRIVACY BREACHES OCCUR?

lost or stolen laptops, removable storage devices,

or paper records containing personal information

hard disk drives and other digital storage media

(integrated in other devices, for example,

multifunction printers, or otherwise) being

disposed of or returned to equipment lessors

without the contents first being erased

databases containing personal information being

‘hacked’ into or otherwise illegally accessed by

individuals outside of the agency or organization

by individuals outside of the agency or organization Office of the Australian Information Commissioner, Data
by individuals outside of the agency or organization Office of the Australian Information Commissioner, Data

Office of the Australian Information Commissioner, Data breach notification guide: A guide to handling personal information security breaches, August 2014, p. 5.

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

HOW DO PRIVACY BREACHES OCCUR?

employees accessing or disclosing personal

information outside the requirements or

authorization of their employment

paper records stolen from insecure recycling or

garbage bins

an agency or organization mistakenly providing

personal information to the wrong person, for

example by sending details out to the wrong

address, and

an individual deceiving an agency or organization

into improperly releasing the personal information of

another person.

releasing the personal information of another person. Office of the Australian Information Commissioner, Data
releasing the personal information of another person. Office of the Australian Information Commissioner, Data

Office of the Australian Information Commissioner, Data breach notification guide: A guide to handling personal information security breaches, August 2014, p. 5.

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

HOW DO PRIVACY BREACHES OCCUR

https://www.enterpriseinnovation.net/article/worst- government-data-breaches-2015-2016-1273457573
https://www.enterpriseinnovation.net/article/worst-
government-data-breaches-2015-2016-1273457573

Databases containing

personal information

being ‘hacked’ into or

otherwise

illegally

accessed

by

individuals outside of

the agency or

organization

‘ hacked ’ into or otherwise illegally accessed by individuals outside of the agency or organization

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

Data Resilience
Data
Resilience

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

PROPERTY OF THE NATIONAL PRIVACY COMMISSION Building a Culture of Privacy 1. Privacy management is a
PROPERTY OF THE NATIONAL PRIVACY COMMISSION Building a Culture of Privacy 1. Privacy management is a

Building a Culture of Privacy

1. Privacy management is a top to bottom approach;

2.

to listen to them;

3.

organization;

4.

Construct your privacy management program to guide your

organization

5.

organizations by implementing organizational, Technical

and physical measures to protect personal data;

6. Build capacity among your staff.

7. Be prepared for breach.

You should appoint a data protection officer and be sure

. You should appoint a data protection officer and be sure Conduct a privacy impact assessment

Conduct a privacy impact assessment on your

Develop privacy policies within your organization and

Start building a culture of privacy within your

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

PROPERTY OF THE NATIONAL PRIVACY COMMISSION
PROPERTY OF THE NATIONAL PRIVACY COMMISSION
PROPERTY OF THE NATIONAL PRIVACY COMMISSION

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

PROPERTY OF THE NATIONAL PRIVACY COMMISSION Beyond Compliance Data Protection and Regulation is aiming for a

Beyond Compliance

PROPERTY OF THE NATIONAL PRIVACY COMMISSION Beyond Compliance Data Protection and Regulation is aiming for a

Data Protection and Regulation is aiming

for a digital world where people flourish

with dignity as autonomous individuals

Compliance as part of

corporate responsibility and

sustainability

as part of corporate responsibility and sustainability Hunton & Williams, “Centre for Information Policy
as part of corporate responsibility and sustainability Hunton & Williams, “Centre for Information Policy

Hunton & Williams, “Centre for Information Policy Leadership: Regulating for Results, Strategies and Priorities: Discussion Paper”

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

2018 Road to Data Privacy Resilience

DPO Registration
DPO
Registration

The DPO as

NPC’s conduit

Resilience DPO Registration • The DPO as NPC’s conduit • • • Privacy Management Program Risk-based

Privacy Management Program Risk-based Privacy Policies Corporate code of Conduct Binding Corporate Rules
Privacy
Management
Program
Risk-based
Privacy Policies
Corporate code of
Conduct
Binding
Corporate
Rules
Certification And Seals
Certification
And Seals

5 Star ★ ★ ★ ★ ★

Compliance

Global Certification
Global
Certification

CBPR

GDPR

adequacy

Sectoral Code of Conduct
Sectoral
Code of
Conduct

BPO

Privacy

code of

conduct

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

Thank you for listening! facebook.com/privacy.gov.ph twitter.com/privacyPH info@privacy.gov.ph

Thank you

for listening!

facebook.com/privacy.gov.ph

twitter.com/privacyPH

info@privacy.gov.ph

twitter.com/privacyPH info@privacy.gov.ph Photo from

Photo from http://makambaonline.com/index.php/2017/09/20/bring-african-countries-digital-economy/

Raymund Enriquez Liboro Privacy Commissioner and Chairman 12 July 2018