REPUBLIC ACT NO.

10173 (2) About an individual’s health, education, genetic or sexual life of a

person, or to any proceeding for any offense committed or alleged to
AN ACT PROTECTING INDIVIDUAL PERSONAL INFORMATION IN have been committed by such person, the disposal of such proceedings,
INFORMATION AND COMMUNICATIONS SYSTEMS IN THE or the sentence of any court in such proceedings;
GOVERNMENT AND THE PRIVATE SECTOR, CREATING FOR THIS
PURPOSE A NATIONAL PRIVACY COMMISSION, AND FOR OTHER (3) Issued by government agencies peculiar to an individual which
PURPOSES includes, but not limited to, social security numbers, previous or
current health records, licenses or its denials, suspension or
Be it enacted, by the Senate and House of Representatives of the revocation, and tax returns; and
Philippines in Congress assembled:
(4) Specifically established by an executive order or an act of Congress
Section 1. Short Title. – This Act shall be known as the “Data Privacy to be kept classified.
Act of 2012”.
(Sgd.) FELICIANO BELMONTE JR.
Section 2. Declaration of Policy. – It is the policy of the State to protect Speaker of the House of Representatives
the fundamental human right of privacy, of communication while
ensuring free flow of information to promote innovation and growth. (Sgd.) JUAN PONCE ENRILE
The State recognizes the vital role of information and communications President of the Senate
technology in nation-building and its inherent obligation to ensure that
personal information in information and communications systems in This Act which is a consolidation of Senate Bill No. 2965 and House
the government and in the private sector are secured and protected. Bill No. 4115 was finally passed by the Senate and the House of
Representatives on June 6, 2012.

Section 3. Definition of Terms. – Whenever used in this Act, the (Sgd.) MARILYN B. BARUA-YAP
following terms shall have the respective meanings hereafter set forth: Secretary General House of Representatives

(a) Commission shall refer to the National Privacy Commission created (Sgd.) EMMA LIRIO-REYES
by virtue of this Act. Secretary of the Senate

(b) Consent of the data subject refers to any freely given, specific, Approved: AUG 15 2012
informed indication of will, whereby the data subject agrees to the
collection and processing of personal information about and/or (Sgd.) BENIGNO S. AQUINO III
relating to him or her. Consent shall be evidenced by written, President of the Philippines
electronic or recorded means. It may also be given on behalf of the data
subject by an agent specifically authorized by the data subject to do so.
What is Data Privacy Act 2012 of the Philippines?
(c) Data subject refers to an individual whose personal information is Republic Act No. 10173 or also know as the Data Privacy Act of 2012.
processed. It was signed into law by President Benigno Aquino III last August 15,
2012. The aim is to protect personal data in information and
(d) Direct marketing refers to communication by whatever means of communications systems both private and government sector.
any advertising or marketing material which is directed to particular
individuals. What is Personal Data?
Personal Data refers to personal information, sensitive personal
(e) Filing system refers to any act of information relating to natural or information, and privileged information. These are information that
juridical persons to the extent that, although the information is not can reasonably identify a particular person.
processed by equipment operating automatically in response to
instructions given for that purpose, the set is structured, either by Why is Personal Information important? And why it needs to be
reference to individuals or by reference to criteria relating to protected and create a law?
individuals, in such a way that specific information relating to a Because it’s private.
particular person is readily accessible. In our generation, data refers to as the oil of the digital era. Your
personal information can be used by thieves to make financial
(f) Information and Communications System refers to a system for transactions like opening bank or loan accounts, buy or rent
generating, sending, receiving, storing or otherwise processing properties, etc.
electronic data messages or electronic documents and includes the
computer system or other similar device by or which data is recorded, Who are Data Subjects?
transmitted or stored and any procedure related to the recording, Data Subjects are individuals whose personal data are processed.
transmission or storage of electronic data, electronic message, or
electronic document. What are my rights as a Data Subject?
1. Right to be informed;
(g) Personal information refers to any information whether recorded 2. Right to object subject to possible consequent failure to conduct
in a material form or not, from which the identity of an individual is other functions or services;
apparent or can be reasonably and directly ascertained by the entity 3. Right to access;
holding the information, or when put together with other information 4. Right to rectification;
would directly and certainly identify an individual. 5. Right to erasure or blocking of Personal Data which are not part of
public records
(h) Personal information controller refers to a person or organization 6. Right to damages arising from the incidental damages
who controls the collection, holding, processing or use of personal
information, including a person or organization who instructs another What are the responsibilities of Data Subjects?
person or organization to collect, hold, process, use, transfer or 1. Respect the data privacy rights of others;
disclose personal information on his or her behalf. The term excludes: 2. Report any suspected Security Incident or Personal Data Breach;
3. Provide true and accurate Personal Data and other information.
(1) A person or organization who performs such functions as instructed Before submitting Personal Data of other people, obtain the consent of
by another person or organization; and such people;
4. Not disclose to any unauthorized party any non-public confidential,
(2) An individual who collects, holds, processes or uses personal sensitive or personal
information in connection with the individual’s personal, family or information obtained or learned in confidence; and
household affairs. 5. Abide by the policies, guidelines and rules on data privacy,
information security, records management, research and ethical
(i) Personal information processor refers to any natural or juridical conduct.
person 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 REPUBLIC ACT NO. 9995
performed upon personal information including, but not limited to, the
collection, recording, organization, storage, updating or modification, AN ACT DEFINING AND PENALIZING THE CRIME OF PHOTO AND
retrieval, consultation, use, consolidation, blocking, erasure or VIDEO VOYEURISM, PRESCRIBING PENALTIES THEREFOR, AND
destruction of data. FOR OTHER PURPOSES

(k) Privileged information refers to any and all forms of data which Be it enacted by the Senate and House of Representative of the
under the Rules of Court and other pertinent laws constitute privileged Philippines in Congress assembled:
communication.
Section 1. Short Title. - This Act shall be known as the "Anti-Photo
(l) Sensitive personal information refers to personal information: and Video Voyeurism Act of 2009".

(1) About an individual’s race, ethnic origin, marital status, age, color, Section 2. Declaration of Policy. - The State values the dignity and
and religious, philosophical or political affiliations; privacy of every human person and guarantees full respect for human
rights. Toward this end, the State shall penalize acts that would Speaker of the House of Representatives
destroy the honor, dignity and integrity of a person.
(Sgd.) JUAN PONCE ENRILE
Section 3. Definition of Terms. - For purposes of this Act, the term: President of the Senate

(a) "Broadcast" means to make public, by any means, a visual image This Act which is a consolidation of Senate Bill No. 2357 and House
with the intent that it be viewed by a person or persons. Bill No. 6571 was finally passed by the Senate and the House of
Representatives on December 1, 2009 and November 18, 2009,
(b) "Capture" with respect to an image, means to videotape, respectively.
photograph, film, record by any means, or broadcast.
(Sgd.) MARILYN B. BARUA-YAP
(c) "Female breast" means any portion of the female breast. Secretary General House of Represenatives

(d) "Photo or video voyeurism" means the act of taking photo or video (Sgd.) EMMA LIRIO-REYES
coverage of a person or group of persons performing sexual act or any Secretary of Senate
similar activity or of capturing an image of the private area of a person
or persons without the latter's consent, under circumstances in which Approved: FEB 15, 2010
such person/s has/have a reasonable expectation of privacy, or the act
of selling, copying, reproducing, broadcasting, sharing, showing or (Sgd.) GLORIA MACAPAGAL-ARROYO
exhibiting the photo or video coverage or recordings of such sexual act President of the Philippines
or similar activity through VCD/DVD, internet, cellular phones and
similar means or device without the written consent of the person/s
involved, notwithstanding that consent to record or take photo or video
coverage of same was given by such person's.
REPUBLIC ACT NO. 10175
(e) "Private area of a person" means the naked or undergarment clad
genitals, public area, buttocks or female breast of an individual. AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE
PREVENTION, INVESTIGATION, SUPPRESSION AND THE
(f) "Under circumstances in which a person has a reasonable IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER
expectation of privacy" means believe that he/she could disrobe in PURPOSES
privacy, without being concerned that an image or a private area of the
person was being captured; or circumstances in which a reasonable Be it enacted by the Senate and House of Representatives of the
person would believe that a private area of the person would not be Philippines in Congress assembled:
visible to the public, regardless of whether that person is in a public or
private place. Section 1. Title. — This Act shall be known as the “Cybercrime
Prevention Act of 2012”.
Section 4. Prohibited Acts. - It is hereby prohibited and declared
unlawful for any person: Section 2. Declaration of Policy. — The State recognizes the vital role
of information and communications industries such as content
(a) To take photo or video coverage of a person or group of persons production, telecommunications, broadcasting electronic commerce,
performing sexual act or any similar activity or to capture an image of and data processing, in the nation’s overall social and economic
the private area of a person/s such as the naked or undergarment clad development. The State also recognizes the importance of providing an
genitals, public area, buttocks or female breast without the consent of environment conducive to the development, acceleration, and rational
the person/s involved and under circumstances in which the person/s application and exploitation of information and communications
has/have a reasonable expectation of privacy; technology (ICT) to attain free, easy, and intelligible access to exchange
and/or delivery of information; and the need to protect and safeguard
(b) To copy or reproduce, or to cause to be copied or reproduced, the integrity of computer, computer and communications systems,
such photo or video or recording of sexual act or any similar activity networks, and databases, and the confidentiality, integrity, and
with or without consideration; availability of information and data stored therein, from all forms of
misuse, abuse, and illegal access by making punishable under the law
(c) To sell or distribute, or cause to be sold or distributed, such such conduct or conducts. In this light, the State shall adopt sufficient
photo or video or recording of sexual act, whether it be the original powers to effectively prevent and combat such offenses by facilitating
copy or reproduction thereof; or their detection, investigation, and prosecution at both the domestic
and international levels, and by providing arrangements for fast and
(d) To publish or broadcast, or cause to be published or broadcast, reliable international cooperation.
whether in print or broadcast media, or show or exhibit the photo
or video coverage or recordings of such sexual act or any similar Section 3. Definition of Terms. — For purposes of this Act, the
activity through VCD/DVD, internet, cellular phones and other similar following terms are hereby defined as follows:
means or device.
(a) Access refers to the instruction, communication with, storing data
The prohibition under paragraphs (b), (c) and (d) shall apply in, retrieving data from, or otherwise making use of any resources of a
notwithstanding that consent to record or take photo or video coverage computer system or communication network.
of the same was given by such person/s. Any person who violates this
provision shall be liable for photo or video voyeurism as defined herein. (b) Alteration refers to the modification or change, in form or
substance, of an existing computer data or program.
Section 5. Penalties. - The penalty of imprisonment of not less that
three (3) years but not more than seven (7) years and a fine of not (c) Communication refers to the transmission of information through
less than One hundred thousand pesos (P100,000.00) but not ICT media, including voice, video and other forms of data.
more than Five hundred thousand pesos (P500,000.00), or both, at
the discretion of the court shall be imposed upon any person found (d) Computer refers to an electronic, magnetic, optical, electrochemical,
guilty of violating Section 4 of this Act. or other data processing or communications device, or grouping of
such devices, capable of performing logical, arithmetic, routing, or
If the violator is a juridical person, its license or franchise shall be storage functions and which includes any storage facility or equipment
automatically be deemed revoked and the persons liable shall be the or communications facility or equipment directly related to or
officers thereof including the editor and reporter in the case of print operating in conjunction with such device. It covers any type of
media, and the station manager, editor and broadcaster in the case of computer device including devices with data processing capabilities
a broadcast media. like mobile phones, smart phones, computer networks and other
devices connected to the internet.
If the offender is a public officer or employee, or a professional,
he/she shall be administratively liable. (e) Computer data refers to any representation of facts, information, or
concepts in a form suitable for processing in a computer system
If the offender is an alien, he/she shall be subject to deportation including a program suitable to cause a computer system to perform a
proceedings after serving his/her sentence and payment of fines. function and includes electronic documents and/or electronic data
messages whether stored in local computer systems or online.
Section 6. Exemption. - Nothing contained in this Act, however, shall
render it unlawful or punishable for any peace officer, who is (f) Computer program refers to a set of instructions executed by the
authorized by a written order of the court, to use the record or any computer to achieve intended results.
copy thereof as evidence in any civil, criminal investigation or trial of
the crime of photo or video voyeurism: Provided, that such written (g) Computer system refers to any device or group of interconnected
order shall only be issued or granted upon written application and the or related devices, one or more of which, pursuant to a program,
examination under oath or affirmation of the applicant and the performs automated processing of data. It covers any type of device
witnesses he/she may produce, and upon showing that there are with data processing capabilities including, but not limited to,
reasonable grounds to believe that photo or video voyeurism has been computers and mobile phones. The device consisting of hardware and
committed or is about to be committed, and that the evidence to be software may include input, output and storage components which
obtained is essential to the conviction of any person for, or to the may stand alone or be connected in a network or other similar devices.
solution or prevention of such, crime. It also includes computer data storage devices or media.

(Sgd.) PROSPERO C. NOGRALES

(h) Without right refers to either: (i) conduct undertaken without or in (bb) A computer password, access code, or similar data by which the
excess of authority; or (ii) conduct not covered by established legal whole or any part of a computer system is capable of being accessed
defenses, excuses, court orders, justifications, or relevant principles with intent that it be used for the purpose of committing any of the
under the law. offenses under this Act.

(i) Cyber refers to a computer or a computer network, the electronic (ii) The possession of an item referred to in paragraphs 5(i)(aa) or (bb)
medium in which online communication takes place. above with intent to use said devices for the purpose of committing any
of the offenses under this section.
(j) Critical infrastructure refers to the computer systems, and/or
networks, whether physical or virtual, and/or the computer programs, (6) Cyber-squatting. – The acquisition of a domain name over the
computer data and/or traffic data so vital to this country that the internet in bad faith to profit, mislead, destroy reputation, and deprive
incapacity or destruction of or interference with such system and others from registering the same, if such a domain name is:
assets would have a debilitating impact on security, national or
economic security, national public health and safety, or any (i) Similar, identical, or confusingly similar to an existing trademark
combination of those matters. registered with the appropriate government agency at the time of the
domain name registration:
(k) Cybersecurity refers to the collection of tools, policies, risk
management approaches, actions, training, best practices, assurance (ii) Identical or in any way similar with the name of a person other than
and technologies that can be used to protect the cyber environment the registrant, in case of a personal name; and
and organization and user’s assets.
(iii) Acquired without right or with intellectual property interests in it.
(l) Database refers to a representation of information, knowledge, facts,
concepts, or instructions which are being prepared, processed or (b) Computer-related Offenses:
stored or have been prepared, processed or stored in a formalized
manner and which are intended for use in a computer system. (1) Computer-related Forgery. —

(m) Interception refers to listening to, recording, monitoring or (i) The input, alteration, or deletion of any computer data without right
surveillance of the content of communications, including procuring of resulting in inauthentic data with the intent that it be considered or
the content of data, either directly, through access and use of a acted upon for legal purposes as if it were authentic, regardless
computer system or indirectly, through the use of electronic whether or not the data is directly readable and intelligible; or
eavesdropping or tapping devices, at the same time that the
communication is occurring. (ii) The act of knowingly using computer data which is the product of
computer-related forgery as defined herein, for the purpose of
(n) Service provider refers to: perpetuating a fraudulent or dishonest design.

(1) Any public or private entity that provides to users of its service the (2) Computer-related Fraud. — The unauthorized input, alteration, or
ability to communicate by means of a computer system; and deletion of computer data or program or interference in the functioning
of a computer system, causing damage thereby with fraudulent intent:
(2) Any other entity that processes or stores computer data on behalf of Provided, That if no
such communication service or users of such service.
damage has yet been caused, the penalty imposable shall be one (1)
(o) Subscriber’s information refers to any information contained in the degree lower.
form of computer data or any other form that is held by a service
provider, relating to subscribers of its services other than traffic or (3) Computer-related Identity Theft. – The intentional acquisition, use,
content data and by which identity can be established: misuse, transfer, possession, alteration or deletion of identifying
information belonging to another, whether natural or juridical, without
(1) The type of communication service used, the technical provisions right: Provided, That if no damage has yet been caused, the penalty
taken thereto and the period of service; imposable shall be one (1) degree lower.

(2) The subscriber’s identity, postal or geographic address, telephone (c) Content-related Offenses:
and other access numbers, any assigned network address, billing and
payment information, available on the basis of the service agreement (1) Cybersex. — The willful engagement, maintenance, control, or
or arrangement; and operation, directly or indirectly, of any lascivious exhibition of sexual
organs or sexual activity, with the aid of a computer system, for favor
(3) Any other available information on the site of the installation of or consideration.
communication equipment, available on the basis of the service
agreement or arrangement. (2) Child Pornography. — The unlawful or prohibited acts defined and
punishable by Republic Act No. 9775 or the Anti-Child Pornography
(p) Traffic data or non-content data refers to any computer data Act of 2009, committed through a computer system: Provided, That the
other than the content of the communication including, but not limited penalty to be imposed shall be (1) one degree higher than that provided
to, the communication’s origin, destination, route, time, date, size, for in Republic Act No. 9775.
duration, or type of underlying service.
(3) Unsolicited Commercial Communications. — The transmission of
Section 4. Cybercrime Offenses. — The following acts constitute the commercial electronic communication with the use of computer system
offense of cybercrime punishable under this Act: which seek to advertise, sell, or offer for sale products and services are
prohibited unless:
(a) Offenses against the confidentiality, integrity and availability
of computer data and systems: (i) There is prior affirmative consent from the recipient; or

(1) Illegal Access. – The access to the whole or any part of a computer (ii) The primary intent of the communication is for service and/or
system without right. administrative announcements from the sender to its existing users,
subscribers or customers; or
(2) Illegal Interception. – The interception made by technical means
without right of any non-public transmission of computer data to, from, (iii) The following conditions are present:
or within a computer system including electromagnetic emissions from
a computer system carrying such computer data. (aa) The commercial electronic communication contains a simple, valid,
and reliable way for the recipient to reject. receipt of further
(3) Data Interference. — The intentional or reckless alteration, commercial electronic messages (opt-out) from the same source;
damaging, deletion or deterioration of computer data, electronic
document, or electronic data message, without right, including the (bb) The commercial electronic communication does not purposely
introduction or transmission of viruses. disguise the source of the electronic message; and

(4) System Interference. — The intentional alteration or reckless (cc) The commercial electronic communication does not purposely
hindering or interference with the functioning of a computer or include misleading information in any part of the message in order to
computer network by inputting, transmitting, damaging, deleting, induce the recipients to read the message.
deteriorating, altering or suppressing computer data or program,
electronic document, or electronic data message, without right or (4) Libel. — The unlawful or prohibited acts of libel as defined in Article
authority, including the introduction or transmission of viruses. 355 of the Revised Penal Code, as amended, committed through a
computer system or any other similar means which may be devised in
(5) Misuse of Devices. the future.

(i) The use, production, sale, procurement, importation, distribution, or Section 5. Other Offenses. — The following acts shall also constitute
otherwise making available, without right, of: an offense:

(aa) A device, including a computer program, designed or adapted (a) Aiding or Abetting in the Commission of Cybercrime. – Any person
primarily for the purpose of committing any of the offenses under this who willfully abets or aids in the commission of any of the offenses
Act; or enumerated in this Act shall be held liable.
(b) Attempt in the Commission of Cybercrime. — Any person who
willfully attempts to commit any of the offenses enumerated in this Act
shall be held liable.

(Sgd.) FELICIANO BELMONTE JR.

Speaker of the House of Representatives

(Sgd.) JUAN PONCE ENRILE

President of the Senate

This Act which is a consolidation of Senate Bill No. 2796 and House
Bill No. 5808 was finally passed by the Senate and the House of
Representatives on June 5, 2012 and June 4, 2012, respectively.

(Sgd.) MARILYN B. BARUA-YAP

Secretary General House of Representatives

(Sgd.) EMMA LIRIO-REYES

Secretary of the Senate

Approved: SEPTEMBER 12, 2012

(Sgd.) BENIGNO S. AQUINO III

President of the Philippines