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Salient Features of Data Privacy Act of 2012

The Data Privacy Act of 2012 is the Philippines' data protection law that was approved on August 15, 2012. It created the National Privacy Commission to monitor the implementation of the Act and protect personal information. The Act regulates the processing of personal information, gives individuals rights over their data, and ensures security measures are in place. It aims to protect privacy while allowing for free flow of information, and brings the Philippines in line with international data protection standards.

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165 views2 pages

Salient Features of Data Privacy Act of 2012

The Data Privacy Act of 2012 is the Philippines' data protection law that was approved on August 15, 2012. It created the National Privacy Commission to monitor the implementation of the Act and protect personal information. The Act regulates the processing of personal information, gives individuals rights over their data, and ensures security measures are in place. It aims to protect privacy while allowing for free flow of information, and brings the Philippines in line with international data protection standards.

Uploaded by

Atty Ed Gibson Belarmino
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Salient features of Data Privacy Act of 2012 – Republic Act 10173

 By Janette Toral  E-Commerce  1 Comment


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Republic Act 10173 or The Data Privacy Act of 2012 was approved into law last August 15, 2012. Here are its salient features:

1. It applies to processing of personal information (section 3g) and sensitive personal information (Section 3L).

2. Created the National Privacy Commission to monitor the implementation of this law. (section 7)

3. Gave parameters on when and on what premise can data processing of personal information be allowed. Its basic premise is
when a data subject has given direct consent. (section 12 and 13)

4. Companies who subcontract processing of personal information to 3rd party shall have full liability and can’t pass the
accountability of such responsibility. (section 14)

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. (Section 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. (Section 17)

7. Personal information controllers must ensure security measures are in place to protect the personal information they process and
be compliant with the requirements of this law. (Section 20 and 21)

8. In case a personal information controller systems or data got compromised, they must notify the affected data subjects and the
National Privacy Commission. (Section 20)

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. (Section 22)

10. Government contractors who have existing or future deals with the government that involves accessing of 1000 or more records
of individuals should register their personal information processing system with the National Privacy Commission. (Section 25)

11. Provided penalties (up to 5 million as per sec. 33) on the processing of personal information and sensitive personal information
based on the following acts:
– Unauthorized processing (sec. 25)
– Negligence (sec. 26)
– Improper disposal (sec. 27)
– Unauthorized purposes (sec. 28)
– Unauthorized access or intentional breach (sec. 29)
– Concealment of security breaches (sec. 30)
– Malicious (sec. 31) and unauthorized disclosure (sec. 32)

If at least 100 persons are harmed, the maximum penalty shall apply (section 35).

12. For public officers (working in government), an accessory penalty consisting in the disqualification to occupy public office for a
term double the term of criminal penalty imposed shall he applied. (sec. 36)

The Data Privacy Act of 2012


…is a 21st century law to address 21st century crimes and concerns. It (1) protects the privacy of
individuals while ensuring free flow of information to promote innovation and growth; (2) regulates the
collection, recording, organization, storage, updating or modification, retrieval, consultation, use,
consolidation, blocking, erasure or destruction of personal data; and (3) ensures that the Philippines
complies with international standards set for data protection through National Privacy Commission
(NPC).

The National Privacy Commission protects individual personal information


and upholds the right to privacy by regulating the processing of personal
information.

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