Data Privacy Act Flashcards
Data privacy refers to the right while
data protection refers to the means to implement the right data privacy.
Notes only
Commission shall refer to the National Privacy Commission (NPC) created by virtue of this Act.
Notes only
refers to an individual whose personal information is processed.
Data subject - always natural person
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.
Consent of the data subject
refers to communication by whatever means of any advertising or marketing materials which is directed to particular individuals.
Direct marketing
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.
Filing 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.
Information and Communications System
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.
Personal information
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.
Personal information controller (PIC)
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.
Personal information processor (PIP)
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
refers to any and all forms of data
which under the Rules of Court and other pertinent laws constitute privileged communication.
Privileged information
Sensitive personal information refers to personal information about the following:
✓ About an individual’s race, ethnic origin, marital status, age, color; and religious, philosophical or
political affiliations;
✓ 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;
✓ 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
✓ Specifically established by an executive order or an act of Congress to be kept classified.
Scope of Data Privacy Act
o The law applies to the processing of all types of personal information and to any natural and juridical person involved in personal information processing including those personal information controllers and processors who, although, not found or established in the Philippines, use equipment that are located in the Philippines, or those who maintain an office, branch or agency in the Philippines subject to the immediately succeeding paragraph: Provided, That the requirement of Section 5 are complied with Section 5 affords protection to journalists and their sources.
o Nothing in this Act shall be construed as to have amended or
repealed the provisions of Republic Act No. 53, which affords
the publishers, editors or duly accredited reports of any newspaper, magazine or periodical 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.
Exceptions to Coverage of Data Privacy Act
o The law does not apply to the following:
- 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:
✓ The fact that the individual is or was an officer or employee of the government institution.
✓ The title, business address and office telephone number of the individual.
✓ The classification, salary range and responsibilities of the position held by the individual.
✓ The name of the individual on a document prepared by the individual in the course of employment with the government. - 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. - 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. - Personal information processed for journalistic, artistic, literary or research purposes.
- 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 for their constitutionally and statutorily mandated functions. - 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. - 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.
