Data Privacy

v DATA PRIVACY ACT

RA 10173

DEFINITIONS
(a) Commission shall refer to the National Privacy Commission created by virtue of this Act.
The National Privacy Commission is the agency mandated to administer and implement the
provisions of the Data Privacy Law, and to monitor and ensure compliance of the country with
international standards set for data protection

Organizational Structure: The Commission shall be attached to the Department of Information and
Communications Technology. (DICT) and shall be headed by a Privacy Commissioner, who shall also
act as Chairman of the Commission. The Privacy Commissioner shall be assisted by two (2) Deputy
Privacy Commissioners, one to be responsible for Data Processing Systems and one to be responsible
for Policies and Planning. The Privacy Commissioner and the two (2) Deputy Privacy Commissioners
shall be appointed by the President of the Philippines for a term of three (3) years and may be
reappointed for another term of three (3) years. Vacancies in the Commission shall be filled in the
same manner in which the original appointment was made.

(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 processing of personal information about and/or
relating to him or her. 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 by the data subject
to do so
(c) Data subject refers to an individual whose personal information is processed.
(d) Direct marketing refers to communication by whatever means of any advertising or marketing
material which is directed to particular individuals. system refers to any act of
(e) Filing system refers to any act of information relating to natural or juridical persons to the extent
that, although the information is not processed by equipment operating automatically in response
to instructions given for that 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 relating to a
particular person is readily accessible.
(f) Information and Communications System refers to a system for generating, sending, receiving,
storing or otherwise processing electronic data messages, or electronic documents and includes
the computer system or other similar device by or which data is recorded, transmitted or stored
and any procedure related to the recording, transmission or storage of electronic data, electronic
message, or electronic document.
(g) Personal information refers to any information whether recorded in a material form or not, from
which the identity of an individual is apparent or can be reasonably and directly ascertained by the
entity holding the information, or when put together with other information would directly and
certainly. identify an individual.
In other words, personal information is any information which can be linked to your identity, thus
making you readily identifiable.
Example: Full name, photo, signature, biometric data, passport number, vehicle plate number,
personal email address, DNA profile
(h) Personal information controller refers to a person or organization who controls the collection,
holding, processing or use of personal information, including a person or organization who
instructs another person or organization to collect, hold, process, use, transfer or disclose personal
information on his or her behalf. The term excludes:
(1) A person or organization who performs such functions as instructed by another person or
organization; and

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(2) An individual who collects, holds, processes or uses personal information in connection
with the individual's personal, family or household affairs.

(i) Personal information processor refers to any natural or juridical 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 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.
(k) Privileged information refers to any and all forms of data which under the Rules of Court and other
pertinent laws constitute privileged communication.
(l) Sensitive personal information refers to personal information:
(1) About an individual's race, ethnic origin, marital status, age, color, and religious,
philosophical or political affiliations;
(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 have been committed by such person,
the disposal of such proceedings, or the sentence of any court in such proceedings;
(3) Issued by government agencies peculiar to an individual which includes, but not limited to,
social security numbers, previous or current health records, licenses or its denials,
suspension or revocation, and tax returns; and
(4) Specifically established by an executive order or an act of Congress to be kept classified.

SCOPE OF APPLICATION
The Data Privacy Act applies to the processing of personal data by any natural and juridical person in
the government or private sector. They apply to an act done or practice engaged in and outside of the
Philippines if:
a. The natural or juridical person involved in the processing of personal data is found or
established in the Philippines;
b. The act, practice or processing relates to personal data about a Philippine citizen or Philippine
resident;
c. The processing of personal data is being done in the Philippines; or
d. The act, practice or processing of personal data is done or engaged in by an entity with links to
the Philippines, with due consideration to international law and comity, such as, but not limited
to, the following:
1. Use of equipment located in the country, or maintains an office, branch or agency in
the Philippines for processing of personal data;
2. A contract is entered in the Philippines;
3. A juridical entity unincorporated in the Philippines but has central management and
control in the country;
4. 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 data;
5. An entity that carries on business in the Philippines;
6. An entity that collects or holds personal data in the Philippines.

The Data Privacy 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;

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(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.

Protection Afforded to Journalists and Their Sources

The Data Privacy Act does not amend or repeal the provisions of Republic Act No. 53, which affords
the publishers, editors duly or accredited reporters of any newspaper, magazine or periodical of
general circulation protection from being compelled to reveal the source of any news report or
information appearing in said publication which was related in any confidence to such publisher, editor,
or reporter.
Extraterritorial Application
The Data Privacy Act applies to an act done or practice engaged in and outside of the Philippines by an
entity if:
(a) The act, practice or processing relates to personal information about a Philippine citizen or a
resident;
(b) The entity has a link with the Philippines, and the entity is processing personal information in
the Philippines or even if the processing is outside the Philippines as long as it is about
Philippine citizens or residents such as, but not limited to, the following:
1. A contract is entered in the Philippines;
2. A juridical entity unincorporated in the Philippines but has central management and
control in the country; and
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 information; and

(c) The entity has other links in the Philippines such as, but not limited to:
1. The entity carries on business in the Philippines; and
2. The personal information was collected or held by an entity in the Philippines.

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DATA PRIVACY PRINCIPLES

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

a. Transparency. The data subject must be aware of the nature, purpose, and extent of the
processing of his or her personal data, including the risks and safeguards involved, the identity
of personal information controller, his or her rights as a data subject, and how these can be
exercised. Any information and communication relating to the processing of personal data
should be easy to access and understand, using clear and plain language.
b. Legitimate purpose. The processing of information shall be compatible with a declared and
specified purpose which must not be contrary to law, morals, or public policy.
c. Proportionality. The processing of information shall be adequate, relevant, suitable, necessary,
and not excessive in relation to a declared and specified purpose. Personal data shall be
processed only if the purpose of the processing could not reasonably be fulfilled by other
means.

PROCESSING OF PERSONAL DATA

General principles in collection, processing and retention
a. Collection must be for a declared, specified, and legitimate purpose.
1. Consent is required prior to the collection and processing of personal data, subject to
exemptions provided by the Act and other applicable laws and regulations. When consent
is required, it must be time-bound in relation to the declared, specified and legitimate
purpose. Consent given may be withdrawn.
2. The data subject must be provided specific information including, where applicable, the
automated processing of his or her personal data for profiling, or processing for direct
marketing, and data sharing.
3. Purpose should be determined and declared before, or as soon as reasonably practicable,
after collection.
4. Only personal data that is necessary. and compatible with declared, specified, and
legitimate purpose shall be collected.

b. Personal data shall be processed fairly and lawfully.

1. Processing shall uphold the rights of the data subject, including the right to refuse,
withdraw consent, or object. It shall likewise be transparent and allow the data subject
sufficient information to know the nature and extent of processing.
2. Information provided to a data subject must always be in clear and plain language to ensure
that they are easy to understand and access.
3. Processing must be in a manner compatible with declared, specified, and legitimate
purpose.
4. Processed personal data should be adequate, relevant, and limited to what is necessary in
relation to the purposes for which they are processed.
5. Processing shall be undertaken in a manner that ensures appropriate privacy and security
safeguards.

c. Processing should ensure data quality.

1. Personal data should be accurate and where necessary for declared, specified and
legitimate purpose, kept up to date.
2. Inaccurate or incomplete data must be rectified, supplemented, destroyed or their further
processing restricted.

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d. Personal Data shall not be retained longer than necessary.

1. Retention of personal data shall only for as long as necessary:
(a) for the fulfillment of the declared, specified, and legitimate purpose, or when the
processing relevant to the purpose has been terminated;
(b) for the establishment, exercise or defense of legal claims; or
(c) for legitimate business. purposes, which must be consistent with standards
followed by the applicable industry or approved by appropriate government agency.

2. Retention of personal data shall be allowed in cases provided by law.

3. Personal data shall be disposed or discarded in a secure manner that would prevent further
processing, unauthorized access, or disclosure to any other party or the public, or prejudice
the interests of the data subjects.

e. Any authorized further processing shall have adequate safeguards.

1. Personal data originally collected for a declared, specified, or legitimate purpose may be
processed further for historical, statistical, or scientific purposes, and, in cases laid down in
law, may be stored for longer periods, subject to implementation of the appropriate
organizational, physical, and technical security measures required by the Act in order to
safeguard the rights and freedoms of the data subject.
2. Personal data which is aggregated or kept in a form which does not permit identification of
data subjects may be kept longer than necessary for the declared, specified, and legitimate
purpose.
3. Personal data shall not be retained in perpetuity in contemplation of a possible future use
yet to be determined.

General Principles for Data Sharing

Further Processing of Personal Data collected from a party other than the Data Subject shall be allowed
under any of the following conditions:
a. Data sharing shall be allowed when it is expressly authorized by law: Provided, that there are
adequate safeguards for data privacy and security, and processing adheres to principle of
transparency, legitimate purpose and proportionality.
b. Data Sharing shall be allowed in the private sector if the data subject consents to data sharing, and
the following conditions are complied with:
1. Consent for data sharing shall be required even when the data is to be shared with an
affiliate or mother company, or similar relationships;
2. Data sharing for commercial purposes, including direct marketing, shall be covered by a
data sharing agreement.
(a) The data sharing agreement shall establish adequate safeguards for data privacy and
security, and uphold rights of data subjects.
(b) The data sharing agreement shall be subject to review by the Commission, on its own
initiative or upon complaint of data subject;

3. The data subject shall be provided with the following information prior to collection or
before data is shared:
(a) Identity of the personal information controllers or personal information processors
that will be given access to the personal data;
(b) Purpose of data sharing;
(c) Categories of personal data concerned;
(d) Intended recipients or categories of recipients of the personal data;

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(e) Existence of the rights of data subjects, including the right to access and correction,
and the right to object;
(f) Other information that would sufficiently notify the data subject of the nature and
extent of data sharing and the manner of processing.

4. Further processing of shared data shall adhere to the data privacy principles laid down in
the Act, these Rules, and other issuances of the Commission.

c. Data collected from parties other than the data subject for purpose of research shall be allowed
when the personal data is publicly available, or has the consent of the data subject for purpose of
research: Provided, that adequate safeguards are in place, and no decision directly affecting the
data subject shall be made on the basis of the data collected or processed. The rights of the data
subject shall be upheld without compromising research integrity.
d. Data sharing between government agencies for the purpose of a public function or provision of a
public service shall be covered a data sharing agreement.
1. Any or all government agencies party to the agreement shall comply with the Act, these
Rules, and all other issuances of the Commission, including putting in place adequate
safeguards for data privacy and security.
2. The data sharing agreement shall be subject to review of the Commission, on its own
initiative or upon complaint of data subject.

Criteria for Lawful Processing of Personal Information

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:

1. Consent -The data subject has given his or her consent;

2. Contract - 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;
3. Compliance with legal obligation -The processing is necessary for compliance with a legal
obligation to which the personal information controller is subject;
4. Vital interests - The processing is necessary to protect vitally important interests of the data
subject, including life and health;
5. National emergency - The processing is necessary in order to respond to national emergency,
to comply with the requirements of public order and safety;
6. Public task - The processing of personal information is necessary for the fulfillment of the
constitutional or statutory mandate of a public authority; or
7. Legitimate interests - 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.

Sensitive Personal Information and Privileged Information.

The processing of sensitive personal information and privileged information shall be prohibited, except
in the following cases:
1. Consent - The data subject has given his or her consent, specific to the purpose prior to the
processing, or in the case of privileged information, all parties to the exchange have given their
consent prior to processing;
2. Existing law and regulation – The processing of the same is provided for by existing laws and
regulations: Provided, That such regulatory enactments guarantee the protection of the

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sensitive personal information and the privileged information: Provided, further, That the
consent of the data subjects are not required by law or regulation permitting the processing of
the sensitive personal information or the privileged information;
3. Protection of life and health – The processing is necessary to protect the life and health of the
data subject or another person, and the data subject is not legally or physically able to express
his or her consent prior to the processing;
4. Public organizations - The processing is necessary to achieve the lawful and noncommercial
objectives of public organizations and their associations: Provided, That such processing is only
confined and related to the bona fide members of these organizations their or associations:
Provided, further, That the sensitive personal information are not transferred to third parties:
Provided, finally, That consent of the data subject was obtained prior to processing;
5. Medical treatment - The processing is necessary for purposes of medical treatment, is carried
out by a medical practitioner or medical treatment institution, and an adequate level of
protection of personal information is ensured; or
6. Lawful rights and interests - The processing concerns such personal information as is necessary
for the protection of lawful rights and interests of natural legal persons in court proceedings,
or the establishment, exercise or defense of legal claims, or when provided to government or
public authority.

NOTE: Based the foregoing, personal information may be processed, provided that the requirements
of the Data Privacy Act are complied with. On the other hand, the processing of sensitive personal
information is, in general, prohibited. The Data Privacy Act provides the specific cases where
processing of sensitive personal information is allowed.

SECURITY MEASURES FOR THE PROTECTION OF PERSONAL DATA

(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.

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(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) Data Breach Notification is discussed below.

RIGHTS OF DATA SUBJECT

a. Right to be informed.
1. The data subject has a right to be informed whether personal data pertaining to him or her
shall be, are being, or have been processed, including the existence of automated decision
making and profiling.
2. The data subject shall be notified and furnished with information indicated hereunder
before the entry of his or her personal data into the processing system of the personal
information controller, or at the next practical opportunity:
(a) Description of the personal data to be entered into the system;
(b) Purposes for which they are being or will be processed, including processing for
direct marketing, profiling or historical, statistical or scientific purpose;
(c) Basis of processing, when processing is not based on the consent of the data subject;
(d) Scope and method of the personal data processing;
(e) The recipients or classes of recipients to whom the personal data are or may be
disclosed;
(f) Methods utilized for automated access, if the same is allowed by the data subject,
and the extent to which such access is authorized, including meaningful information
about the logic involved, as well as the significance and the envisaged consequences
of such processing for the data subject;
(g) The identity and contact details of the personal data controller or its representative;
(h) The period for which the information will be stored; and
(i) The existence of their rights as data subjects, including the right to access,
correction, and object to the processing, as well as the right to lodge a complaint
before the Commission.

b. Right to object.
The data subject shall have the right to object to the processing of his or her personal data,
including processing for direct marketing, automated processing or profiling. The data subject shall
also be notified and given an opportunity to withhold consent to the processing in case of changes
or any amendment to the information supplied or declared to the data subject in the preceding
paragraph.
When a data subject objects or withholds consent, the personal information controller shall no
longer process the personal data, unless:

c. Right to Access.
The data subject has the right to reasonable access to, upon demand, the following:
1. Contents of his or her personal data that were processed;
2. Sources from which personal data were obtained;
3. Names and addresses of recipients of the personal data;
4. Manner by which such data processed;
5. Reasons for the disclosure of the personal data to recipients, if any;
6. Information on automated processes where the data will, or is likely to, be made as the sole
basis for any decision that significantly affects or will affect the data subject;

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7. Date when his or her personal data concerning the data subject were last accessed and
modified; and
8. The designation, name or identity, and address of the personal information controller.

d. Right to rectification.
The data subject has the right to dispute the inaccuracy or error in the personal data and have the
personal information controller correct it immediately and accordingly, unless the request is
vexatious or otherwise unreasonable. If the personal data has 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 the intended recipients
thereof: Provided, That recipients or third parties who have previously received such processed
personal data shall be informed of its inaccuracy and its rectification, upon reasonable request of
the data subject.

e. Right to Erasure or Blocking.

The data subject shall have the right to suspend, withdraw or order the blocking, removal or
destruction of his or her personal data from the personal information controller's filing system.
1. This right may be exercised upon discovery and substantial proof of any of the following:
(a) The personal data is incomplete, outdated, false, or unlawfully obtained;
(b) The personal data is being used for purpose not authorized by the data subject;
(c) The personal data is no longer necessary for the purposes for which they were
collected;
(d) The data subject withdraws consent or objects to the processing, and there is no
other legal ground or overriding legitimate interest for the processing;
(e) The personal data concerns private information that is prejudicial to data subject,
unless justified by freedom of speech, of expression, or of the press or otherwise
authorized
(f) The processing is unlawful;
(g) The personal information controller or personal information processor violated the
rights of the data subject.

2. The personal information controller may notify third parties who have previously received
such processed personal information.

f. Right to damages.
The data subject shall be indemnified for any damages sustained due to such inaccurate,
incomplete, outdated, false, unlawfully obtained or unauthorized use of personal data, taking into
account any violation of his or her rights and freedoms as data subject.

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, 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.

Right to Data Portability. - The data subject shall have the right, where personal information is
processed by electronic means and in a structured and commonly used format, to obtain from the
personal information 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. The Commission may
specify the electronic format referred to above, as well as the technical standards, modalities and
procedures for their transfer.

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Limitation on Rights
The rights enumerated are not applicable if the processed personal information are used only for the
needs of scientific and statistical research and, on the basis of such, no activities are carried out and
no decisions are taken regarding the data subject: Provided, That the personal information shall be
held under strict confidentiality and shall be used only for the declared purpose. Likewise, the
immediately preceding sections are not applicable to processing of personal information gathered for
the purpose of investigations in relation to any criminal, administrative or tax liabilities of a data
subject.

DATA BREACH NOTIFICATION

a. The Commission and affected data subjects shall be notified by the personal information controller
within seventy-two (72) hours upon knowledge of, or when there is reasonable belief by the
personal information controller or personal information processor that, a personal data breach
requiring notification has occurred.
b. Notification of personal data breach shall be required when sensitive personal information or any
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 that such unauthorized acquisition is likely to
give rise to a real risk of serious harm to any affected data subject.
c. Depending on the nature of the incident, or if there is delay or failure to notify, the Commission
may investigate the circumstances surrounding the personal data breach. Investigations may
include on-site examination of systems and procedures.

OUTSOURCING AND SUBCONTRACTING AGREEMENTS

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.

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;

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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.

REGISTRATION AND COMPLIANCE REQUIREMENTS

The National Privacy Commission requires the following to ensure the compliance of personal
information controllers with its obligations under the Data Privacy Act:

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

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.

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.

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