Data Privacy Act Flashcards
Individual whose personal information is processed
Data subject
Communication by whatever means of an advertising or marketing material which is directed to particular individuals
Direct marketing
Person or organizations 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/her behalf.
Personal information controller
Personal information excludes:
a. Person who performs such functions as instructed by another person or organization
b. Individual who collects, holds, processes or uses personal information in connection with the individual’s personal, family or household affairs.
c. Choices a and b
d. None of the choices
c
Natural or juridical person qualified to act as such to whom a personal information controller may outsource the processing of personal data pertaining to a data subject.
Personal information processor
This principle states that processing of personal data shall be adequate, relevant, suitable, necessary, and not excessive in relation to a declared and specific purpose.
Hint: “…relevant, suitable, necessary, and not excessive” = should be balanced. It should be p _ _ po_ ti_ n _ t e
Principle of Proportionality
This principle states that processing of personal data shall be compatible with a declared and specified purpose which must not be contrary to law, morals, or public policy.
Hint: “…not be contrary to law, morals, or public policy”
Principle of Legitimate Purpose
Data subject must be aware of the nature, purpose, and extent of the processing of his/her personal data by the company. What principle is this?
Hint: “…must be aware…”
Principle of Transparency
Refers to any operation or any set of operations performed upon personal information
Processing
True or false: Personal information must be 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.
True
The following are criteria for lawful processing of personal information, except:
a. Data subject has given his/her consent
b. Processing is necessary for compliance with a legal obligation to which the personal information controller is subject
c. Processing is necessary and in which it may or may not be related to the fulfillment of a contract with the data subject
d. Processing is necessary in order to protect vitally important interests of the data subject
c.
“…necessary and is related to the fulfillment of a contract”
Refers to any and all forms of data which under the Rules of Court and other pertinent laws constitute privileged communication.
Privileged information
Juan has the following personal information
Marital Status: Single
Age: 24 y/o
Ethnic origin: Aeta
What do you call these information?
a. Sensitive personal information
b. Privileged information
c. Choices a and b
d. None of the choices
a.
Luis went to the church to confess his sins to priest, Fr. Mariano.
What information will Fr. Mariano receive when Luis makes his confessions?
a. Sensitive personal information
b. Privileged information
c. Choices a and b
d. None of the choices
b.
True or false: A personal information control can never subcontract the processing of personal information in order to protect the data subject.
False.
The personal information controller shall be responsible for ensuring that proper safeguards are in place
