SCOPE OF APPLICATION

the jurisdiction of the data protection law to cover not only entities physically present in the Philippines but
also those operating from abroad if they process personal information using equipment within the
Philippines or have an office, branch, or agency in the country, provided they meet the requirements set
forth in Section 5 of the Act.

 Republic Act No. 53 safeguards the confidentiality of journalists' sources. It allows journalists to
keep the identity of their sources confidential, even if they are pressured or compelled to reveal
this information, ensuring the freedom of the press and encouraging the flow of information
without fear of reprisal or legal action against the sources. The statement you provided
emphasizes that the new Act being discussed does not change or override the protections
provided by Republic Act No. 53.

This Act does not apply to the following:

(a) Information about any individual who is or was an officer or employee of a government
institution that relates to the position or functions of the individual, including:

(1) The fact that the individual is or was an officer or employee of the government institution;

(2) The title, business address and office telephone number of the individual;

(3) The classification, salary range and responsibilities of the position held by the individual; and

(4) The name of the individual on a document prepared by the individual in the course of
employment with the government;

(b) Information about an individual who is or was performing service under contract for a
government institution that relates to the services performed, including the terms of the contract,
and the name of the individual given in the course of the performance of those services;

(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, including the name of the individual
and the exact nature of the benefit;

(d) Personal information processed for journalistic, artistic, literary or research purposes;

(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 independent, central monetary authority
and law enforcement and regulatory agencies of their constitutionally and statutorily mandated
functions. Nothing in this Act shall be construed as to have amended or repealed Republic Act
No. 1405, otherwise known as the Secrecy of Bank Deposits Act; Republic Act No. 6426,
otherwise known as the Foreign Currency Deposit Act; and Republic Act No. 9510, otherwise
known as the Credit Information System Act (CISA);

(f) Information necessary for banks and other financial institutions under the jurisdiction of the
independent, central monetary authority or Bangko Sentral ng Pilipinas to comply with Republic
Act No. 9510, and Republic Act No. 9160, as amended, otherwise known as the Anti-Money
Laundering Act and other applicable laws; and
 (g) Personal information originally collected from residents of foreign jurisdictions in accordance
with the laws of those foreign jurisdictions, including any applicable data privacy laws, which is
being processed in the Philippines.

DATA PRIVACY PRINCIPLES

General Data Privacy Principles. – The processing of personal information shall be allowed, subject to
compliance with the requirements of this Act and other laws allowing disclosure of information to the
public and adherence to the principles of transparency, legitimate purpose and proportionality.

Personal information must, be:

(a) Collected for specified and legitimate purposes determined and declared before, or as soon
as reasonably practicable after collection, and later processed in a way compatible with such
declared, specified and legitimate purposes only;

(b) Processed fairly and lawfully;

(c) Accurate, relevant and, where necessary for purposes for which it is to be used the processing
of personal information, kept up to date; inaccurate or incomplete data must be rectified,
supplemented, destroyed or their further processing restricted;

(d) Adequate and not excessive in relation to the purposes for which they are collected and
processed;

(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 legal claims, or for legitimate
business purposes, or as provided by law; and

(f) Kept in a form which permits identification of data subjects for no longer than is necessary for
the purposes for which the data were collected and processed: Provided, That personal
information collected for other purposes may lie processed for historical, statistical or scientific
purposes, and in cases laid down in law may be stored for longer periods: Provided, further,That
adequate safeguards are guaranteed by said laws authorizing their processing.

The personal information controller must ensure implementation of personal information processing
principles set out herein.

Processing refers to any operation or any set of operations performed upon personal information
including, but not limited to, the collection, recording, organization, storage, updating or
modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction of data

PROCESSING OF PERSONAL DATA

the processing of personal information shall be permitted only if not otherwise prohibited by law, and
when at least one of the following conditions exists:

(a) The data subject has given his or her consent;

(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 request of the data subject prior to entering into a contract;
(c) The processing is necessary for compliance with a legal obligation to which the personal information
controller is subject;

(d) The processing is necessary to protect vitally important interests of the data subject, including life and
health.

(e) The processing is necessary in order to respond to national emergency, to comply with the
requirements of public order and safety, or to fulfill functions of public authority which necessarily includes
the processing of personal data for the fulfillment of its mandate; or

(f) The processing is necessary for the purposes of the legitimate interests 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 fundamental rights and freedoms of the data subject which require protection
under the Philippine Constitution.

SECURITY MEASURES FOR PROTECTION OF PERSONAL DATA

SEC. 20. Security of Personal Information. – (a) The personal information controller must implement
reasonable and appropriate organizational, physical and technical measures intended for the protection of
personal information against any accidental or unlawful destruction, alteration and disclosure, as well as
against any other unlawful processing.

(b) The personal information controller shall implement reasonable and appropriate measures to protect
personal information against natural dangers such as accidental loss or destruction, and human dangers
such as unlawful access, fraudulent misuse, unlawful destruction, alteration and contamination.

(c) The determination of the appropriate level of security under this section must take into account the
nature of the personal information to be protected, the risks represented by the processing, the size of the
organization and complexity of its operations, current data privacy best practices and the cost of security
implementation. Subject to guidelines as the Commission may issue from time to time, the measures
implemented must include:

(1) Safeguards to protect its computer network against accidental, unlawful or unauthorized usage or
interference with or hindering of their functioning or availability;

(2) A security policy with respect to the processing of personal information;

(3) A process for identifying and accessing reasonably foreseeable vulnerabilities in its computer
networks, and for taking preventive, corrective and mitigating action against security incidents that can
lead to a security breach; and

(4) Regular monitoring for security breaches and a process for taking preventive, corrective and mitigating
action against security incidents that can lead to a security breach.

(d) The personal information controller must further ensure that third parties processing personal
information on its behalf shall implement the security measures required by this provision.

(e) The employees, agents or representatives of a personal information controller who are involved in the
processing of personal information shall operate and hold personal information under strict confidentiality
if the personal information are not intended for public disclosure. This obligation shall continue even after
leaving the public service, transfer to another position or upon termination of employment or contractual
relations.
(f) The personal information controller shall promptly notify the Commission and affected data subjects
when sensitive personal information or other information that may, under the circumstances, be used to
enable identity fraud are reasonably believed to have been acquired by an unauthorized person, and 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 any affected data subject. The notification shall at least describe
the nature of the breach, the sensitive personal information possibly involved, and the measures taken by
the entity to address the breach. Notification may be delayed only to the extent necessary to determine
the scope of the breach, to prevent further disclosures, or to restore reasonable integrity to the
information and communications system.

(1) In evaluating if notification is unwarranted, the Commission may take into account compliance by the
personal information controller with this section and existence of good faith in the acquisition of personal
information.

(2) The Commission may exempt a personal information controller from notification where, in its
reasonable judgment, such notification would not be in the public interest or in the interests of the affected
data subjects.

(3) The Commission may authorize postponement of notification where it may hinder the progress of a
criminal investigation related to a serious breach.

RIGHTS OF DATA SUBJECT

SEC. 16. Rights of the Data Subject. – The data subject is entitled to:

(a) Be informed whether personal information pertaining to him or her shall be, are being or have been
processed;

(b) Be furnished the information indicated hereunder before the entry of his or her personal information
into the processing system of the personal information controller, or at the next practical opportunity:

(1) Description of the personal information to be entered into the system;

(2) Purposes for which they are being or are to be processed;

(3) Scope and method of the personal information processing;

(4) The recipients or classes of recipients to whom they are or may be disclosed;

(5) Methods utilized for automated access, if the same is allowed by the data subject, and the extent to
which such access is authorized;

(6) The identity and contact details of the personal information controller or its representative;

(7) The period for which the information will be stored; and

(8) The existence of their rights, i.e., to access, correction, as well as the right to lodge a complaint before
the Commission.

Any information supplied or declaration made to the data subject on these matters shall not be amended
without prior notification of data subject: Provided, That the notification under subsection (b) shall not
apply should the personal information be needed pursuant to a subpoena or when the collection and
processing are for obvious purposes, including when it is 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, between the collector and the data subject, or when the information is being collected and
processed as a result of legal obligation;

(c) Reasonable access to, upon demand, the following:

(1) Contents of his or her personal information that were processed;

(2) Sources from which personal information were obtained;

(3) Names and addresses of recipients of the personal information;

(4) Manner by which such data were processed;

(5) Reasons for the disclosure of the personal information to recipients;

(6) Information on automated processes where the data will or likely to be made as the sole basis for any
decision significantly affecting or will affect the data subject;

(7) Date when his or her personal information concerning the data subject were last accessed and
modified; and

(8) The designation, or name or identity and address of the personal information controller;

(d) Dispute the inaccuracy or error in the personal information and have the personal information
controller correct it immediately and accordingly, unless the request is vexatious or otherwise
unreasonable. If the personal information have been corrected, the personal information controller shall
ensure the accessibility of both the new and the retracted information and the simultaneous receipt of the
new and the retracted information by recipients thereof: Provided, That the third parties who have
previously received such processed personal information shall he informed of its inaccuracy and its
rectification upon reasonable request of the data subject;

(e) Suspend, withdraw or order the blocking, removal or destruction of his or her personal information
from the personal information controller’s filing system upon discovery and substantial proof that the
personal information are incomplete, outdated, false, unlawfully obtained, used for unauthorized 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; and

(f) Be indemnified for any damages sustained due to such inaccurate, incomplete, outdated, false,
unlawfully obtained or unauthorized use of personal information.

DATA BREACH NOTIFICATION

SECTION 18. Notification of Data Subjects. The personal information controller shall notify the data
subjects affected by a personal data breach, subject to the following procedures:

A. When should notification be done. The data subjects shall be notified within seventy-two (72)
hours upon knowledge of or reasonable belief by the personal information controller or personal
information processor that a personal data breach has occurred. The notification may be made on
the basis of available information within the 72-hour period if the personal data breach is likely to
give rise to a real risk to the rights and freedoms of data subjects. It shall be undertaken in a
 manner that would allow data subjects to take the necessary precautions or other measures to
protect themselves against the possible effects of the breach. It may be supplemented with
additional information at a later stage on the basis of further investigation.

B. Exemption or Postponement of Notification. If it is not reasonably possible to notify the data

subjects within the prescribed period, the personal information controller shall request the
Commission for an exemption from the notification requirement, or the postponement of the
notification. A personal information controller may be exempted from the notification requirement
where the Commission determines that such notification would not be in the public interest or in
the interest of the affected data subjects. The Commission may authorize the postponement of
notification where it may hinder the progress of a criminal investigation related to a serious
breach, taking into account circumstances provided in Section 13 of this Circular, and other risks
posed by the personal data breach.

C. Content of Notification. The notification shall include, but not be limited to:

1. nature of the breach;

2. personal data possibly involved;

3. measures taken to address the breach;

4. measures taken to reduce the harm or negative consequences of the breach;

5. representative of the personal information controller, including his or her contact details,
from whom the data subject can obtain additional information regarding the breach; and

6. any assistance to be provided to the affected data subjects.Where it is not possible to

provide the foregoing information all at the same time, they may be provided in phases
without undue delay.

D. Form.Notification of affected data subjects shall be done individually, using secure means of
communication, whether written or electronic. The personal information controller shall take the
necessary steps to ensure the proper identity of the data subject being notified, and to safeguard
against further unnecessary disclosure of personal data. The personal information controller shall
establish all reasonable mechanisms to ensure that all affected data subjects are made aware of
the breach: Provided, that where individual notification is not possible or would require a
disproportionate effort, the personal information controller may seek the approval of the
Commission to use alternative means of notification, such as through public communication or
any similar measure through which the data subjects are informed in an equally effective
manner: Provided further, that the personal information controller shall establish means through
which the data subjects can exercise their rights and obtain more detailed information relating to
the breach.

OUTSOURCING AND SUBCONTRACTING AGREEMENTS

Section 43. Subcontract of Personal Data. A personal information controller may subcontract or
outsource the processing of personal data: Provided, that the personal information controller shall use
contractual or other reasonable means to ensure that proper safeguards are in place, to ensure the
confidentiality, integrity and availability of the personal data processed, prevent its use for unauthorized
purposes, and generally, comply with the requirements of the Act, these Rules, other applicable laws for
processing of personal data, and other issuances of the Commission.
  This statement indicates that a personal information controller can hire external parties
(subcontractors or outsourcing services) to process personal data. However, the controller must
establish contracts or reasonable methods to guarantee that the data is handled securely. These
safeguards are necessary to maintain the confidentiality, integrity, and availability of the personal
data. Additionally, they are meant to prevent unauthorized use of the data and ensure compliance
with the regulations outlined in the Act, specific rules, other laws related to personal data
processing, and guidelines set forth by the Commission. In simpler terms, the personal
information controller can delegate data processing tasks, but they are responsible for ensuring
that the data remains protected and that all legal requirements are met through appropriate
contracts or agreements with the subcontractors or outsourcing services.

Section 44. Agreements for Outsourcing. Processing by a personal information processor shall be
governed by a contract or other legal act that binds the personal information processor to the personal
information controller.

a. The contract or legal act shall set out the subject-matter and duration of the processing, the nature and
purpose of the processing, the type of personal data and categories of data subjects, the obligations and
rights of the personal information controller, and the geographic location of the processing under the
subcontracting agreement.

b. The contract or other legal act shall stipulate, in particular, that the personal information processor
shall:

1. Process the personal data only upon the documented instructions of the personal information
controller, including transfers of personal data to another country or an international organization,
unless such transfer is authorized by law;
2. Ensure that an obligation of confidentiality is imposed on persons authorized to process the
personal data;
3. Implement appropriate security measures and comply with the Act, these Rules, and other
issuances of the Commission;
4. Not engage another processor without prior instruction from the personal information
controller: Provided, that any such arrangement shall ensure that the same obligations for data
protection under the contract or legal act are implemented, taking into account the nature of the
processing;
5. Assist the personal information controller, by appropriate technical and organizational measures
and to the extent possible, fulfill the obligation to respond to requests by data subjects relative to
the exercise of their rights;
6. Assist the personal information controller in ensuring compliance with the Act, these Rules, other
relevant laws, and other issuances of the Commission, taking into account the nature of
processing and the information available to the personal information processor;
7. At the choice of the personal information controller, delete or return all personal data to the
personal information controller after the end of the provision of services relating to the
processing: Provided, that this includes deleting existing copies unless storage is authorized by
the Act or another law;
8. Make available to the personal information controller all information necessary to demonstrate
compliance with the obligations laid down in the Act, and allow for and contribute to audits,
including inspections, conducted by the personal information controller or another auditor
mandated by the latter;
9. Immediately inform the personal information controller if, in its opinion, an instruction infringes the
Act, these Rules, or any other issuance of the Commission.

Section 45. Duty of personal information processor. The personal information processor shall comply
with the requirements of the Act, these Rules, other applicable laws, and other issuances of the
Commission, in addition to obligations provided in a contract, or other legal act with a personal
information controller.
Section 46. Enforcement of the Data Privacy Act. Pursuant to the mandate of the Commission to
administer and implement the Act, and to ensure the compliance of personal information controllers with
its obligations under the law, the Commission requires the following:

a. Registration of personal data processing systems operating in the country that involves accessing or
requiring sensitive personal information of at least one thousand (1,000) individuals, including the
personal data processing system of contractors, and their personnel, entering into contracts with
government agencies;

b. Notification of automated processing operations where the processing becomes the sole basis of
making decisions that would significantly affect the data subject;

c. Annual report of the summary of documented security incidents and personal data breaches;

e. Compliance with other requirements that may be provided in other issuances of the Commission.

REGISTRATION AND COMPLIANCE REQUIREMENTS

Section 47. Registration of Personal Data Processing Systems. The personal information controller or
personal information processor that employs fewer than two hundred fifty (250) persons shall not be
required to register unless the processing it carries out is likely to pose a risk to the rights and freedoms of
data subjects, the processing is not occasional, or the processing includes sensitive personal information
of at least one thousand (1,000) individuals.

a. The contents of registration shall include:

1. The name and address of the personal information controller or personal information processor,
and of its representative, if any, including their contact details;
2. The purpose or purposes of the processing, and whether processing is being done under an
outsourcing or subcontracting agreement;
3. A description of the category or categories of data subjects, and of the data or categories of data
relating to them;
4. The recipients or categories of recipients to whom the data might be disclosed;
5. Proposed transfers of personal data outside the Philippines;
6. A general description of privacy and security measures for data protection;
7. Brief description of the data processing system;
8. Copy of all policies relating to data governance, data privacy, and information security;
9. Attestation to all certifications attained that are related to information and communications
processing; and
10. Name and contact details of the compliance or data protection officer, which shall immediately be
updated in case of changes.

b. The procedure for registration shall be in accordance with these Rules and other issuances of the
Commission.

Section 48. Notification of Automated Processing Operations. The personal information controller
carrying out any wholly or partly automated processing operations or set of such operations intended to
serve a single purpose or several related purposes shall notify the Commission when the automated
processing becomes the sole basis for making decisions about a data subject, and when the decision
would significantly affect the data subject.

a. The notification shall include the following information:

 1. Purpose of processing;
2. Categories of personal data to undergo processing;
3. Category or categories of data subject;
4. Consent forms or manner of obtaining consent;
5. The recipients or categories of recipients to whom the data are to be disclosed;
6. The length of time the data are to be stored;
7. Methods and logic utilized for automated processing;
8. Decisions relating to the data subject that would be made on the basis of processed data or that
would significantly affect the rights and freedoms of data subject; and
9. Names and contact details of the compliance or data protection officer.

b. No decision with legal effects concerning a data subject shall be made solely on the basis of automated
processing without the consent of the data subject.

Section 49. Review by the Commission. The following are subject to the review of the Commission,
upon its own initiative or upon the filing of a complaint by a data subject:

a. Compliance by a personal information controller or personal information processor with the Act, these
Rules, and other issuances of the Commission;

b. Compliance by a personal information controller or personal information processor with the requirement
of establishing adequate safeguards for data privacy and security;

c. Any data sharing agreement, outsourcing contract, and similar contracts involving the processing of
personal data, and its implementation;

d. Any off-site or online access to sensitive personal data in government allowed by a head of agency;

e. Processing of personal data for research purposes, public functions, or commercial activities;

f. Any reported violation of the rights and freedoms of data subjects;

g. Other matters necessary to ensure the effective implementation and administration of the Act, these
Rules, and other issuances of the Commission.