REPUBLIC ACT NO.

10173 (d) Direct marketing refers to communication by whatever means of any

advertising or marketing material which is directed to particular individuals.
AN ACT PROTECTING INDIVIDUAL PERSONAL INFORMATION
IN INFORMATION AND COMMUNICATIONS SYSTEMS IN THE (e) Filing system  refers to any act of information relating to natural or juridical
GOVERNMENT AND THE PRIVATE SECTOR, CREATING FOR persons to the extent that, although the information is not processed by
THIS PURPOSE A NATIONAL PRIVACY COMMISSION, AND FOR equipment operating automatically in response to instructions given for that
OTHER PURPOSES purpose, the set is structured, either by reference to individuals or by reference
to criteria relating to individuals, in such a way that specific information
CHAPTER I relating to a particular person is readily accessible.
GENERAL PROVISIONS
(f) Information and Communications System refers to a system for generating,
Section 1. Short Title. –  This Act shall be known as the "Data Privacy Act of sending, receiving, storing or otherwise processing electronic data messages or
2012″. electronic documents and includes the computer system or other similar device
by or which data is recorded, transmitted or stored and any procedure related
Section 2. Declaration of Policy. – It is the policy of the State to protect the to the recording, transmission or storage of electronic data, electronic message,
fundamental human right of privacy, of communication while ensuring free or electronic document.
flow of information to promote innovation and growth. The State recognizes
the vital role of information and communications technology in nation- (g) Personal information  refers to any information whether recorded in a
building and its inherent obligation to ensure that personal information in material form or not, from which the identity of an individual is apparent or
information and communications systems in the government and in the private can be reasonably and directly ascertained by the entity holding the
sector are secured and protected. information, or when put together with other information would directly and
certainly identify an individual.
Section 3. Definition of Terms. – Whenever used in this Act, the following
terms shall have the respective meanings hereafter set forth: (h) Personal information controller  refers to a person or organization who
controls the collection, holding, processing or use of personal information,
(a) Commission  shall refer to the National Privacy Commission created by including a person or organization who instructs another person or
virtue of this Act. organization to collect, hold, process, use, transfer or disclose personal
information on his or her behalf. The term excludes:
(b) Consent of the data subject refers to any freely given, specific, informed
indication of will, whereby the data subject agrees to the collection and (1) A person or organization who performs such functions as instructed by
processing of personal information about and/or relating to him or her. another person or organization; and
Consent shall be evidenced by written, electronic or recorded means. It may
also be given on behalf of the data subject by an agent specifically authorized (2) An individual who collects, holds, processes or uses personal information
by the data subject to do so. in connection with the individual’s personal, family or household affairs.

(c) Data subject refers to an individual whose personal information is (i) Personal information processor  refers to any natural or juridical person
processed. qualified to act as such under this Act to whom a personal information
controller may outsource the processing of personal data pertaining to a data
subject.
(j) Processing  refers to any operation or any set of operations performed upon (1) The fact that the individual is or was an officer or employee of the
personal information including, but not limited to, the collection, recording, government institution;
organization, storage, updating or modification, retrieval, consultation, use,
consolidation, blocking, erasure or destruction of data. (2) The title, business address and office telephone number of the individual;

(k) Privileged information  refers to any and all forms of data which under the (3) The classification, salary range and responsibilities of the position held by
Rides of Court and other pertinent laws constitute privileged communication. the individual; and

(l) Sensitive personal information refers to personal information: (4) The name of the individual on a document prepared by the individual in the
course of employment with the government;
(1) About an individual’s race, ethnic origin, marital status, age, color, and
religious, philosophical or political affiliations; (b) Information about an individual who is or was performing service under
contract for a government institution that relates to the services performed,
(2) About an individual’s health, education, genetic or sexual life of a person, including the terms of the contract, and the name of the individual given in the
or to any proceeding for any offense committed or alleged to have been course of the performance of those services;
committed by such person, the disposal of such proceedings, or the sentence of
any court in such proceedings; (c) Information relating to any discretionary benefit of a financial nature such
as the granting of a license or permit given by the government to an individual,
(3) Issued by government agencies peculiar to an individual which includes, including the name of the individual and the exact nature of the benefit;
but not limited to, social security numbers, previous or cm-rent health records,
licenses or its denials, suspension or revocation, and tax returns; and (d) Personal information processed for journalistic, artistic, literary or research
purposes;
(4) Specifically established by an executive order or an act of Congress to be
kept classified. (e) Information necessary in order to carry out the functions of public authority
which includes the processing of personal data for the performance by the
Section 4. Scope. – This Act applies to the processing of all types of personal independent, central monetary authority and law enforcement and regulatory
information and to any natural and juridical person involved in personal agencies of their constitutionally and statutorily mandated functions. Nothing
information processing including those personal information controllers and in this Act shall be construed as to have amended or repealed Republic Act
processors who, although not found or established in the Philippines, use No. 1405, otherwise known as the Secrecy of Bank Deposits Act; Republic
equipment that are located in the Philippines, or those who maintain an office, Act No. 6426, otherwise known as the Foreign Currency Deposit Act; and
branch or agency in the Philippines subject to the immediately succeeding Republic Act No. 9510, otherwise known as the Credit Information System
paragraph: Provided, That the requirements of Section 5 are complied with. Act (CISA);

This Act does not apply to the following: (f) Information necessary for banks and other financial institutions under the
jurisdiction of the independent, central monetary authority or Bangko Sentral
(a) Information about any individual who is or was an officer or employee of a ng Pilipinas to comply with Republic Act No. 9510, and Republic Act No.
government institution that relates to the position or functions of the 9160, as amended, otherwise known as the Anti-Money Laundering Act and
individual, including: other applicable laws; and
(g) Personal information originally collected from residents of foreign (2) The personal information was collected or held by an entity in the
jurisdictions in accordance with the laws of those foreign jurisdictions, Philippines.
including any applicable data privacy laws, which is being processed in the
Philippines. CHAPTER II
THE NATIONAL PRIVACY COMMISSION
Section 5. Protection Afforded to Journalists and Their Sources. –  Nothing in
this Act shall be construed as to have amended or repealed the provisions of Section 7. Functions of the National Privacy Commission. – To administer
Republic Act No. 53, which affords the publishers, editors or duly accredited and implement the provisions of this Act, and to monitor and ensure
reporters of any newspaper, magazine or periodical of general circulation compliance of the country with international standards set for data protection,
protection from being compelled to reveal the source of any news report or there is hereby created an independent body to be known as the National
information appearing in said publication which was related in any confidence Privacy Commission, winch shall have the following functions:
to such publisher, editor, or reporter.
(a) Ensure compliance of personal information controllers with the provisions
Section 6. Extraterritorial Application. – This Act applies to an act done or of this Act;
practice engaged in and outside of the Philippines by an entity if:
(b) Receive complaints, institute investigations, facilitate or enable settlement
(a) The act, practice or processing relates to personal information about a of complaints through the use of alternative dispute resolution processes,
Philippine citizen or a resident; adjudicate, award indemnity on matters affecting any personal information,
prepare reports on disposition of complaints and resolution of any
(b) The entity has a link with the Philippines, and the entity is processing investigation it initiates, and, in cases it deems appropriate, publicize any such
personal information in the Philippines or even if the processing is outside the report: Provided,  That in resolving any complaint or investigation (except
Philippines as long as it is about Philippine citizens or residents such as, but where amicable settlement is reached by the parties), the Commission shall act
not limited to, the following: as a collegial body. For this purpose, the Commission may be given access to
personal information that is subject of any complaint and to collect the
(1) A contract is entered in the Philippines; information necessary to perform its functions under this Act;

(2) A juridical entity unincorporated in the Philippines but has central (c) Issue cease and desist orders, impose a temporary or permanent ban on the
management and control in the country; and processing of personal information, upon finding that the processing will be
detrimental to national security and public interest;
(3) An entity that has a branch, agency, office or subsidiary in the Philippines
and the parent or affiliate of the Philippine entity has access to personal (d) Compel or petition any entity, government agency or instrumentality to
information; and abide by its orders or take action on a matter affecting data privacy;

(c) The entity has other links in the Philippines such as, but not limited to: (e) Monitor the compliance of other government agencies or instrumentalities
on their security and technical measures and recommend the necessary action
(1) The entity carries on business in the Philippines; and in order to meet minimum standards for protection of personal information
pursuant to this Act;
(f) Coordinate with other government agencies and the private sector on efforts (o) Negotiate and contract with other data privacy authorities of other
to formulate and implement plans and policies to strengthen the protection of countries for cross-border application and implementation of respective
personal information in the country; privacy laws;

(g) Publish on a regular basis a guide to all laws relating to data protection; (p) Assist Philippine companies doing business abroad to respond to foreign
privacy or data protection laws and regulations; and
(h) Publish a compilation of agency system of records and notices, including
index and other finding aids; (q) Generally perform such acts as may be necessary to facilitate cross-border
enforcement of data privacy protection.
(i) Recommend to the Department of Justice (DOJ) the prosecution and
imposition of penalties specified in Sections 25 to 29 of this Act; Section 8. Confidentiality. – The Commission shall ensure at all times the
confidentiality of any personal information that comes to its knowledge and
(j) Review, approve, reject or require modification of privacy codes voluntarily possession.
adhered to by personal information controllers: Provided,  That the privacy
codes shall adhere to the underlying data privacy principles embodied in this Section 9. Organizational Structure of the Commission. – The Commission
Act: Provided, further,  That such privacy codes may include private dispute shall be attached to the Department of Information and Communications
resolution mechanisms for complaints against any participating personal Technology (DICT) and shall be headed by a Privacy Commissioner, who
information controller. For this purpose, the Commission shall consult with shall also act as Chairman of the Commission. The Privacy Commissioner
relevant regulatory agencies in the formulation and administration of privacy shall be assisted by two (2) Deputy Privacy Commissioners, one to be
codes applying the standards set out in this Act, with respect to the persons, responsible for Data Processing Systems and one to be responsible for Policies
entities, business activities and business sectors that said regulatory bodies are and Planning. The Privacy Commissioner and the two (2) Deputy Privacy
authorized to principally regulate pursuant to the law: Provided, finally. That Commissioners shall be appointed by the President of the Philippines for a
the Commission may review such privacy codes and require changes thereto term of three (3) years, and may be reappointed for another term of three (3)
for purposes of complying with this Act; years. Vacancies in the Commission shall be filled in the same manner in
which the original appointment was made.
(k) Provide assistance on matters relating to privacy or data protection at the
request of a national or local agency, a private entity or any person; The Privacy Commissioner must be at least thirty-five (35) years of age and of
good moral character, unquestionable integrity and known probity, and a
(l) Comment on the implication on data privacy of proposed national or local recognized expert in the field of information technology and data privacy. The
statutes, regulations or procedures, issue advisory opinions and interpret the Privacy Commissioner shall enjoy the benefits, privileges and emoluments
provisions of this Act and other data privacy laws; equivalent to the rank of Secretary.

(m) Propose legislation, amendments or modifications to Philippine laws on The Deputy Privacy Commissioners must be recognized experts in the field of
privacy or data protection as may be necessary; information and communications technology and data privacy. They shall
enjoy the benefits, privileges and emoluments equivalent to the rank of
(n) Ensure proper and effective coordination with data privacy regulators in Undersecretary.
other countries and private accountability agents, participate in international
and regional initiatives for data privacy protection; The Privacy Commissioner, the Deputy Commissioners, or any person acting
on their behalf or under their direction, shall not be civilly liable for acts done
in good faith in the performance of their duties. However, he or she shall be incomplete data must be rectified, supplemented, destroyed or their further
liable for willful or negligent acts done by him or her which are contrary to processing restricted;
law, morals, public policy and good customs even if he or she acted under
orders or instructions of superiors: Provided, That in case a lawsuit is filed (d) Adequate and not excessive in relation to the purposes for which they are
against such official on the subject of the performance of his or her duties, collected and processed;
where such performance is lawful, he or she shall be reimbursed by the
Commission for reasonable costs of litigation. (e) Retained only for as long as necessary for the fulfillment of the purposes
for which the data was obtained or for the establishment, exercise or defense of
Section 10. The Secretariat.  – The Commission is hereby authorized to legal claims, or for legitimate business purposes, or as provided by law; and
establish a Secretariat. Majority of the members of the Secretariat must have
served for at least five (5) years in any agency of the government that is (f) Kept in a form which permits identification of data subjects for no longer
involved in the processing of personal information including, but not limited than is necessary for the purposes for which the data were collected and
to, the following offices: Social Security System (SSS), Government Service processed: Provided,  That personal information collected for other purposes
Insurance System (GSIS), Land Transportation Office (LTO), Bureau of may lie processed for historical, statistical or scientific purposes, and in cases
Internal Revenue (BIR), Philippine Health Insurance Corporation (PhilHealth), laid down in law may be stored for longer periods: Provided, further, That
Commission on Elections (COMELEC), Department of Foreign Affairs adequate safeguards are guaranteed by said laws authorizing their processing.
(DFA), Department of Justice (DOJ), and Philippine Postal Corporation
(Philpost).
The personal information controller must ensure implementation of personal
information processing principles set out herein.
CHAPTER III
PROCESSING OF PERSONAL INFORMATION
Section 12. Criteria for Lawful Processing of Personal Information. – The
processing of personal information shall be permitted only if not otherwise
Section 11. General Data Privacy Principles. – The processing of personal prohibited by law, and when at least one of the following conditions exists:
information shall be allowed, subject to compliance with the requirements of
this Act and other laws allowing disclosure of information to the public and
(a) The data subject has given his or her consent;
adherence to the principles of transparency, legitimate purpose and
proportionality.
(b) The processing of personal information is necessary and is related to the
fulfillment of a contract with the data subject or in order to take steps at the
Personal information must, be:
request of the data subject prior to entering into a contract;
(a) Collected for specified and legitimate purposes determined and declared
(c) The processing is necessary for compliance with a legal obligation to which
before, or as soon as reasonably practicable after collection, and later
the personal information controller is subject;
processed in a way compatible with such declared, specified and legitimate
purposes only;
(d) The processing is necessary to protect vitally important interests of the data
subject, including life and health;
(b) Processed fairly and lawfully;
(e) The processing is necessary in order to respond to national emergency, to
(c) Accurate, relevant and, where necessary for purposes for which it is to be
comply with the requirements of public order and safety, or to fulfill functions
used the processing of personal information, kept up to date; inaccurate or
of public authority which necessarily includes the processing of personal data (f) The processing concerns such personal information as is necessary for the
for the fulfillment of its mandate; or protection of lawful rights and interests of natural or legal persons in court
proceedings, or the establishment, exercise or defense of legal claims, or when
(f) The processing is necessary for the purposes of the legitimate interests provided to government or public authority.
pursued by the personal information controller or by a third party or parties to
whom the data is disclosed, except where such interests are overridden by Section 14. Subcontract of Personal Information. – A  personal information
fundamental rights and freedoms of the data subject which require protection controller may subcontract the processing of personal
under the Philippine Constitution. information: Provided,  That the personal information controller shall be
responsible for ensuring that proper safeguards are in place to ensure the
Section 13. Sensitive Personal Information and Privileged Information. – The confidentiality of the personal information processed, prevent its use for
processing of sensitive personal information and privileged information shall unauthorized purposes, and generally, comply with the requirements of this
be prohibited, except in the following cases: Act and other laws for processing of personal information. The personal
information processor shall comply with all the requirements of this Act and
(a) The data subject has given his or her consent, specific to the purpose prior other applicable laws.
to the processing, or in the case of privileged information, all parties to the
exchange have given their consent prior to processing; Section 15. Extension of Privileged Communication. – Personal information
controllers may invoke the principle of privileged communication over
(b) The processing of the same is provided for by existing laws and privileged information that they lawfully control or process. Subject to existing
regulations: Provided,  That such regulatory enactments guarantee the laws and regulations, any evidence gathered on privileged information is
protection of the sensitive personal information and the privileged inadmissible.
information: Provided, further, That the consent of the data subjects are not
required by law or regulation permitting the processing of the sensitive CHAPTER IV
personal information or the privileged information; RIGHTS OF THE DATA SUBJECT

(c) The processing is necessary to protect the life and health of the data subject Section 16. Rights of the Data Subject. – The data subject is entitled to:
or another person, and the data subject is not legally or physically able to
express his or her consent prior to the processing; (a) Be informed whether personal information pertaining to him or her shall
be, are being or have been processed;
(d) The processing is necessary to achieve the lawful and noncommercial
objectives of public organizations and their associations: Provided, That such (b) Be furnished the information indicated hereunder before the entry of his or
processing is only confined and related to the bona fide members of these her personal information into the processing system of the personal
organizations or their associations: Provided, further,  That the sensitive information controller, or at the next practical opportunity:
personal information are not transferred to third parties: Provided, finally, That
consent of the data subject was obtained prior to processing; (1) Description of the personal information to be entered into the system;

(e) The processing is necessary for purposes of medical treatment, is carried (2) Purposes for which they are being or are to be processed;
out by a medical practitioner or a medical treatment institution, and an
adequate level of protection of personal information is ensured; or (3) Scope and method of the personal information processing;
(4) The recipients or classes of recipients to whom they are or may be (6) Information on automated processes where the data will or likely to be
disclosed; made as the sole basis for any decision significantly affecting or will affect the
data subject;
(5) Methods utilized for automated access, if the same is allowed by the data
subject, and the extent to which such access is authorized; (7) Date when his or her personal information concerning the data subject were
last accessed and modified; and
(6) The identity and contact details of the personal information controller or its
representative; (8) The designation, or name or identity and address of the personal
information controller;
(7) The period for which the information will be stored; and
(d) Dispute the inaccuracy or error in the personal information and have the
(8) The existence of their rights, i.e., to access, correction, as well as the right personal information controller correct it immediately and accordingly, unless
to lodge a complaint before the Commission. the request is vexatious or otherwise unreasonable. If the personal information
have been corrected, the personal information controller shall ensure the
Any information supplied or declaration made to the data subject on these accessibility of both the new and the retracted information and the
matters shall not be amended without prior notification of data simultaneous receipt of the new and the retracted information by recipients
subject: Provided,  That the notification under subsection (b) shall not apply thereof: Provided, That the third parties who have previously received such
should the personal information be needed pursuant to a subpoena  or when the processed personal information shall he informed of its inaccuracy and its
collection and processing are for obvious purposes, including when it is rectification upon reasonable request of the data subject;
necessary for the performance of or in relation to a contract or service or when
necessary or desirable in the context of an employer-employee relationship, (e) Suspend, withdraw or order the blocking, removal or destruction of his or
between the collector and the data subject, or when the information is being her personal information from the personal information controller’s filing
collected and processed as a result of legal obligation; system upon discovery and substantial proof that the personal information are
incomplete, outdated, false, unlawfully obtained, used for unauthorized
(c) Reasonable access to, upon demand, the following: purposes or are no longer necessary for the purposes for which they were
collected. In this case, the personal information controller may notify third
parties who have previously received such processed personal information;
(1) Contents of his or her personal information that were processed;
and
(2) Sources from which personal information were obtained;
(f) Be indemnified for any damages sustained due to such inaccurate,
incomplete, outdated, false, unlawfully obtained or unauthorized use of
(3) Names and addresses of recipients of the personal information; personal information.

(4) Manner by which such data were processed; Section 17. Transmissibility of Rights of the Data Subject. –  The lawful heirs
and assigns of the data subject may invoke the rights of the data subject for,
(5) Reasons for the disclosure of the personal information to recipients; which he or she is an heir or assignee at any time after the death of the data
subject or when the data subject is incapacitated or incapable of exercising the
rights as enumerated in the immediately preceding section.
Section 18. Right to Data Portability. – The data subject shall have the right, (1) Safeguards to protect its computer network against accidental, unlawful or
where personal information is processed by electronic means and in a unauthorized usage or interference with or hindering of their functioning or
structured and commonly used format, to obtain from the personal information availability;
controller a copy of data undergoing processing in an electronic or structured
format, which is commonly used and allows for further use by the data subject. (2) A security policy with respect to the processing of personal information;
The Commission may specify the electronic format referred to above, as well
as the technical standards, modalities and procedures for their transfer. (3) A process for identifying and accessing reasonably foreseeable
vulnerabilities in its computer networks, and for taking preventive, corrective
Section 19. Non-Applicability.  – The immediately preceding sections are not and mitigating action against security incidents that can lead to a security
applicable if the processed personal information are used only for the needs of breach; and
scientific and statistical research and, on the basis of such, no activities are
carried out and no decisions are taken regarding the data (4) Regular monitoring for security breaches and a process for taking
subject: Provided,  That the personal information shall be held under strict preventive, corrective and mitigating action against security incidents that can
confidentiality and shall be used only for the declared purpose. Likewise, the lead to a security breach.
immediately preceding sections are not applicable to processing of personal
information gathered for the purpose of investigations in relation to any
(d) The personal information controller must further ensure that third parties
criminal, administrative or tax liabilities of a data subject.
processing personal information on its behalf shall implement the security
measures required by this provision.
CHAPTER V
SECURITY OF PERSONAL INFORMATION
(e) The employees, agents or representatives of a personal information
controller who are involved in the processing of personal information shall
Section 20. Security of Personal Information.  – (a) The personal information operate and hold personal information under strict confidentiality if the
controller must implement reasonable and appropriate organizational, physical personal information are not intended for public disclosure. This obligation
and technical measures intended for the protection of personal information shall continue even after leaving the public service, transfer to another position
against any accidental or unlawful destruction, alteration and disclosure, as or upon termination of employment or contractual relations.
well as against any other unlawful processing.
(f) The personal information controller shall promptly notify the Commission
(b) The personal information controller shall implement reasonable and and affected data subjects when sensitive personal information or other
appropriate measures to protect personal information against natural dangers information that may, under the circumstances, be used to enable identity fraud
such as accidental loss or destruction, and human dangers such as unlawful are reasonably believed to have been acquired by an unauthorized person, and
access, fraudulent misuse, unlawful destruction, alteration and contamination. the personal information controller or the Commission believes (bat such
unauthorized acquisition is likely to give rise to a real risk of serious harm to
(c) The determination of the appropriate level of security under this section any affected data subject. The notification shall at least describe the nature of
must take into account the nature of the personal information to be protected, the breach, the sensitive personal information possibly involved, and the
the risks represented by the processing, the size of the organization and measures taken by the entity to address the breach. Notification may be
complexity of its operations, current data privacy best practices and the cost of delayed only to the extent necessary to determine the scope of the breach, to
security implementation. Subject to guidelines as the Commission may issue prevent further disclosures, or to restore reasonable integrity to the information
from time to time, the measures implemented must include: and communications system.
(1) In evaluating if notification is unwarranted, the Commission may take into standard recognized by the information and communications technology
account compliance by the personal information controller with this section industry, and as recommended by the Commission. The head of each
and existence of good faith in the acquisition of personal information. government agency or instrumentality shall be responsible for complying with
the security requirements mentioned herein while the Commission shall
(2) The Commission may exempt a personal information controller from monitor the compliance and may recommend the necessary action in order to
notification where, in its reasonable judgment, such notification would not be satisfy the minimum standards.
in the public interest or in the interests of the affected data subjects.
Section 23. Requirements Relating to Access by Agency Personnel to Sensitive
(3) The Commission may authorize postponement of notification where it may Personal Information. – (a) On-site and Online Access – Except as may be
hinder the progress of a criminal investigation related to a serious breach. allowed through guidelines to be issued by the Commission, no employee of
the government shall have access to sensitive personal information on
CHAPTER VI government property or through online facilities unless the employee has
ACCOUNTABILITY FOR TRANSFER OF PERSONAL received a security clearance from the head of the source agency.
INFORMATION
(b) Off-site Access – Unless otherwise provided in guidelines to be issued by
Section 21. Principle of Accountability. – Each personal information the Commission, sensitive personal information maintained by an agency may
controller is responsible for personal information under its control or custody, not be transported or accessed from a location off government property unless
including information that have been transferred to a third party for processing, a request for such transportation or access is submitted and approved by the
whether domestically or internationally, subject to cross-border arrangement head of the agency in accordance with the following guidelines:
and cooperation.
(1) Deadline for Approval or Disapproval – In the case of any request
(a) The personal information controller is accountable for complying with the submitted to the head of an agency, such head of the agency shall approve or
requirements of this Act and shall use contractual or other reasonable means to disapprove the request within two (2) business days after the date of
provide a comparable level of protection while the information are being submission of the request. In case there is no action by the head of the agency,
processed by a third party. then such request is considered disapproved;

(b) The personal information controller shall designate an individual or (2) Limitation to One thousand (1,000) Records – If a request is approved, the
individuals who are accountable for the organization’s compliance with this head of the agency shall limit the access to not more than one thousand (1,000)
Act. The identity of the individual(s) so designated shall be made known to records at a time; and
any data subject upon request.
(3) Encryption – Any technology used to store, transport or access sensitive
CHAPTER VII personal information for purposes of off-site access approved under this
SECURITY OF SENSITIVE PERSONAL subsection shall be secured by the use of the most secure encryption standard
INFORMATION IN GOVERNMENT recognized by the Commission.

Section 22. Responsibility of Heads of Agencies. – All sensitive personal The requirements of this subsection shall be implemented not later than six (6)
information maintained by the government, its agencies and instrumentalities months after the date of the enactment of this Act.
shall be secured, as far as practicable, with the use of the most appropriate
Section 24. Applicability to Government Contractors. – In entering into any more than Four million pesos (Php4,000,000.00) shall be imposed on persons
contract that may involve accessing or requiring sensitive personal information who, due to negligence, provided access to personal information without being
from one thousand (1,000) or more individuals, an agency shall require a authorized under this Act or any existing law.
contractor and its employees to register their personal information processing
system with the Commission in accordance with this Act and to comply with Section 27. Improper Disposal of Personal Information and Sensitive
the other provisions of this Act including the immediately preceding section, in Personal Information. –  (a) The improper disposal of personal information
the same manner as agencies and government employees comply with such shall be penalized by imprisonment ranging from six (6) months to two (2)
requirements. years and a fine of not less than One hundred thousand pesos (Php100,000.00)
but not more than Five hundred thousand pesos (Php500,000.00) shall be
CHAPTER VIII imposed on persons who knowingly or negligently dispose, discard or abandon
PENALTIES the personal information of an individual in an area accessible to the public or
has otherwise placed the personal information of an individual in its container
Section 25. Unauthorized Processing of Personal Information and Sensitive for trash collection.
Personal Information. –  (a) The unauthorized processing of personal
information shall be penalized by imprisonment ranging from one (1) year to b) The improper disposal of sensitive personal information shall be penalized
three (3) years and a fine of not less than Five hundred thousand pesos by imprisonment ranging from one (1) year to three (3) years and a fine of not
(Php500,000.00) but not more than Two million pesos (Php2,000,000.00) shall less than One hundred thousand pesos (Php100,000.00) but not more than One
be imposed on persons who process personal information without the consent million pesos (Php1,000,000.00) shall be imposed on persons who knowingly
of the data subject, or without being authorized under this Act or any existing or negligently dispose, discard or abandon the personal information of an
law. individual in an area accessible to the public or has otherwise placed the
personal information of an individual in its container for trash collection.
(b) The unauthorized processing of personal sensitive information shall be
penalized by imprisonment ranging from three (3) years to six (6) years and a Section 28. Processing of Personal Information and Sensitive Personal
fine of not less than Five hundred thousand pesos (Php500,000.00) but not Information for Unauthorized Purposes. –  The processing of personal
more than Four million pesos (Php4,000,000.00) shall be imposed on persons information for unauthorized purposes shall be penalized by imprisonment
who process personal information without the consent of the data subject, or ranging from one (1) year and six (6) months to five (5) years and a fine of not
without being authorized under this Act or any existing law. less than Five hundred thousand pesos (Php500,000.00) but not more than One
million pesos (Php1,000,000.00) shall be imposed on persons processing
Section 26. Accessing Personal Information and Sensitive Personal personal information for purposes not authorized by the data subject, or
Information Due to Negligence. – (a) Accessing personal information due to otherwise authorized under this Act or under existing laws.
negligence shall be penalized by imprisonment ranging from one (1) year to
three (3) years and a fine of not less than Five hundred thousand pesos The processing of sensitive personal information for unauthorized purposes
(Php500,000.00) but not more than Two million pesos (Php2,000,000.00) shall shall be penalized by imprisonment ranging from two (2) years to seven (7)
be imposed on persons who, due to negligence, provided access to personal years and a fine of not less than Five hundred thousand pesos (Php500,000.00)
information without being authorized under this Act or any existing law. but not more than Two million pesos (Php2,000,000.00) shall be imposed on
persons processing sensitive personal information for purposes not authorized
(b) Accessing sensitive personal information due to negligence shall be by the data subject, or otherwise authorized under this Act or under existing
penalized by imprisonment ranging from three (3) years to six (6) years and a laws.
fine of not less than Five hundred thousand pesos (Php500,000.00) but not
Section 29. Unauthorized Access or Intentional Breach. –  The penalty of less than Five hundred thousand pesos (Php500,000.00) but not more than
imprisonment ranging from one (1) year to three (3) years and a fine of not Two million pesos (Php2,000,000.00).
less than Five hundred thousand pesos (Php500,000.00) but not more than
Two million pesos (Php2,000,000.00) shall be imposed on persons who Section 33. Combination or Series of Acts. – Any combination or series of acts
knowingly and unlawfully, or violating data confidentiality and security data as defined in Sections 25 to 32 shall make the person subject to imprisonment
systems, breaks in any way into any system where personal and sensitive ranging from three (3) years to six (6) years and a fine of not less than One
personal information is stored. million pesos (Php1,000,000.00) but not more than Five million pesos
(Php5,000,000.00).
Section 30. Concealment of Security Breaches Involving Sensitive Personal
Information. –  The penalty of imprisonment of one (1) year and six (6) months Section 34. Extent of Liability. – If the offender is a corporation, partnership
to five (5) years and a fine of not less than Five hundred thousand pesos or any juridical person, the penalty shall be imposed upon the responsible
(Php500,000.00) but not more than One million pesos (Php1,000,000.00) shall officers, as the case may be, who participated in, or by their gross negligence,
be imposed on persons who, after having knowledge of a security breach and allowed the commission of the crime. If the offender is a juridical person, the
of the obligation to notify the Commission pursuant to Section 20(f), court may suspend or revoke any of its rights under this Act. If the offender is
intentionally or by omission conceals the fact of such security breach. an alien, he or she shall, in addition to the penalties herein prescribed, be
deported without further proceedings after serving the penalties prescribed. If
Section 31. Malicious Disclosure. – Any personal information controller or the offender is a public official or employee and lie or she is found guilty of
personal information processor or any of its officials, employees or agents, acts penalized under Sections 27 and 28 of this Act, he or she shall, in addition
who, with malice or in bad faith, discloses unwarranted or false information to the penalties prescribed herein, suffer perpetual or temporary absolute
relative to any personal information or personal sensitive information obtained disqualification from office, as the case may be.
by him or her, shall be subject to imprisonment ranging from one (1) year and
six (6) months to five (5) years and a fine of not less than Five hundred Section 35. Large-Scale. –  The maximum penalty in the scale of penalties
thousand pesos (Php500,000.00) but not more than One million pesos respectively provided for the preceding offenses shall be imposed when the
(Php1,000,000.00). personal information of at least one hundred (100) persons is harmed, affected
or involved as the result of the above mentioned actions.
Section 32. Unauthorized Disclosure. – (a) Any personal information
controller or personal information processor or any of its officials, employees Section 36. Offense Committed by Public Officer. – When the offender or the
or agents, who discloses to a third party personal information not covered by person responsible for the offense is a public officer as defined in the
the immediately preceding section without the consent of the data subject, Administrative Code of the Philippines in the exercise of his or her duties, an
shall he subject to imprisonment ranging from one (1) year to three (3) years accessory penalty consisting in the disqualification to occupy public office for
and a fine of not less than Five hundred thousand pesos (Php500,000.00) but a term double the term of criminal penalty imposed shall he applied.
not more than One million pesos (Php1,000,000.00).
Section 37. Restitution. –  Restitution for any aggrieved party shall be
(b) Any personal information controller or personal information processor or governed by the provisions of the New Civil Code.
any of its officials, employees or agents, who discloses to a third party
sensitive personal information not covered by the immediately preceding CHAPTER IX
section without the consent of the data subject, shall be subject to MISCELLANEOUS PROVISIONS
imprisonment ranging from three (3) years to five (5) years and a fine of not
Section 38. Interpretation. – Any doubt in the interpretation of any provision parts thereof inconsistent herewith are hereby repealed or modified
of this Act shall be liberally interpreted in a manner mindful of the rights and accordingly.
interests of the individual about whom personal information is processed.
Section 45. Effectivity Clause. – This Act shall take effect fifteen (15) days
Section 39. Implementing Rules and Regulations (IRR).  – Within ninety (90) after its publication in at least two (2) national newspapers of general
days from the effectivity of this Act, the Commission shall promulgate the circulation.
rules and regulations to effectively implement the provisions of this Act.

Section 40. Reports and Information.  – The Commission shall annually report

to the President and Congress on its activities in carrying out the provisions of
this Act. The Commission shall undertake whatever efforts it may determine to
be necessary or appropriate to inform and educate the public of data privacy,
data protection and fair information rights and responsibilities.

Section 41. Appropriations Clause. –  The Commission shall be provided with

an initial appropriation of Twenty million pesos (Php20,000,000.00) to be
drawn from the national government. Appropriations for the succeeding years
shall be included in the General Appropriations Act. It shall likewise receive
Ten million pesos (Php10,000,000.00) per year for five (5) years upon
implementation of this Act drawn from the national government.

Section 42. Transitory Provision. – Existing industries, businesses and offices

affected by the implementation of this Act shall be given one (1) year
transitory period from the effectivity of the IRR or such other period as may be
determined by the Commission, to comply with the requirements of this Act.

In case that the DICT has not yet been created by the time the law takes full
force and effect, the National Privacy Commission shall be attached to the
Office of the President.

Section 43. Separability Clause. – If any provision or part hereof is held

invalid or unconstitutional, the remainder of the law or the provision not
otherwise affected shall remain valid and subsisting.

Section 44. Repealing Clause. –  The provision of Section 7 of Republic Act

No. 9372, otherwise known as the "Human Security Act of 2007″, is hereby
amended. Except as otherwise expressly provided in this Act, all other laws,
decrees, executive orders, proclamations and administrative regulations or