Data Privacy Act 2024 Flashcards
VII. DATA PRIVACY ACT OF 2000 (R.A. No. 10173)
A. Personal vs. Sensitive Personal Information (Section 3)
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Scope of Information:
Personal Information (g): Encompasses any information from which the identity of an individual is APPARENT or can be reasonably and directly ascertained. It includes information that, when combined with other data, would directly and certainly identify an individual.
Sensitive Personal Information (l): Refers to a specific category of personal information that includes details about an individual’s race, ethnic origin, marital status, age, color, religious, philosophical or political affiliations, health, education, genetic or sexual life, legal proceedings, and government-issued information.
Nature of Information:
Personal Information (g): General information that can identify an individual.
Sensitive Personal Information (l): In-depth and potentially private information about an individual, covering various aspects like health, legal history, and government-issued identifiers.
Examples:
Personal Information (g): Name, address, contact details, etc.
Sensitive Personal Information (l): Race, health records, social security numbers, legal proceedings, etc.
Legislative Basis for Classification:
Personal Information (g): General definition without specific legislative classification.
Sensitive Personal Information (l): Classified based on specific criteria outlined in the data protection regulation, including certain personal details and information specifically designated by law or executive order
VII. DATA PRIVACY ACT OF 2000 (R.A. No. 10173)
B. Scope (Section 4)
To whom does the Data Privacy Act apply, even if they are not found or established in the Philippines?
a. Only those with physical offices in the Philippines
b. Only those using equipment located in the Philippines
c. Both (a) and (b)
d. Only those maintaining an agency in the Philippines
C
Explanation: The Act applies to any natural or juridical person involved in personal information processing, including those with equipment in the Philippines or maintaining an office, branch, or agency, as long as they comply with Section 5 requirements.
VII. DATA PRIVACY ACT OF 2000 (R.A. No. 10173)
B. Scope (Section 4)
Which of the following is NOT covered by the Data Privacy Act?
a. Information about a government officer’s classification and salary range
b. Personal information processed for journalistic purposes
c. Information about discretionary financial benefits from the government
d. Personal information collected from residents of foreign jurisdictions
Answer: a. Information about a government officer’s classification and salary range
Explanation: The Act does not cover information about government officers’ classification and salary range, as specified in Section 4(a).
VII. DATA PRIVACY ACT OF 2000 (R.A. No. 10173)
B. Scope (Section 4)
Under what circumstance is personal information processing allowed for journalistic, artistic, literary, or research purposes?
a. Always allowed without any restrictions
b. Allowed only with the consent of the data subject
c. Allowed unless it involves sensitive personal information
d. Allowed unless prohibited by the government institution
Answer: c. Allowed unless it involves sensitive personal information
Explanation: Personal information processing for journalistic, artistic, literary, or research purposes is allowed unless it involves sensitive personal information, as per Section 4(d).
VII. DATA PRIVACY ACT OF 2000 (R.A. No. 10173)
B. Scope (Section 4)
Which specific Acts are expressly preserved and not amended or repealed by the Data Privacy Act?
a. Republic Act No. 9160 and Republic Act No. 9510
b. Republic Act No. 6426 and Republic Act No. 9510
c. Republic Act No. 1405 and Republic Act No. 6426
d. Republic Act No. 1405 and Republic Act No. 9160
C
Explanation: Section 4(e) preserves Republic Act No. 1405 (Secrecy of Bank Deposits Act) and Republic Act No. 6426 (Foreign Currency Deposit Act).
VII. DATA PRIVACY ACT OF 2000 (R.A. No. 10173)
B. Scope (Section 4)
When is personal information originally collected from residents of foreign jurisdictions exempt from the Data Privacy Act in the Philippines?
a. Always exempt
b. Only if collected for research purposes
c. Only if collected in compliance with foreign data privacy laws
d. Only if processed in the Philippines
C
Explanation: Personal information originally collected from residents of foreign jurisdictions is exempt if processed in compliance with the laws of those foreign jurisdictions, including any applicable data privacy laws, as per Section 4(g).
C. Processing of Personal ; Lawful Basis
(Sections 12-13)
Under what condition is the processing of personal information permitted even if not otherwise prohibited by law?
a. Only with the data subject’s consent
b. Only if necessary for compliance with a legal obligation
c. Only if related to the fulfillment of a contract with the data subject
d. All of the above
D
Explanation: The processing of personal information is permitted if at least one of the specified conditions (a to f) is met, as per Section 12.
C. Processing of Personal ; Lawful Basis
(Sections 12-13)
In which situation is the processing of personal information considered necessary for compliance with a legal obligation?
a. When the data subject gives consent
b. When fulfilling a contract with the data subject
c. When responding to a national emergency
d. When complying with a legal duty imposed on the personal information controller
D
Explanation: The processing is necessary for compliance with a legal obligation to which the personal information controller is subject, as stated in Section 12(c).
C. Processing of Personal ; Lawful Basis
(Sections 12-13)
When is processing personal information allowed for the purposes of the legitimate interests pursued by the personal information controller or a third party?
a. Always allowed without any restrictions
b. Only if the data subject’s consent is obtained
c. Only if fundamental rights and freedoms of the data subject are not overridden
d. Only if necessary for compliance with a legal obligation
C
Explanation: Processing for the legitimate interests pursued by the personal information controller or a third party is allowed unless such interests are overridden by fundamental rights and freedoms of the data subject, as per Section 12(f).
IC. Processing of Personal ; Lawful Basis
(Sections 12-13)
n what circumstances is the processing of personal information considered necessary to protect vitally important interests of the data subject?
a. When the data subject gives explicit consent
b. When fulfilling a contract with the data subject
c. When responding to a national emergency
d. When protecting vitally important interests including life and health
Answer: d. When protecting vitally important interests including life and health
Explanation: The processing is necessary to protect vitally important interests of the data subject, including life and health, as mentioned in Section 12(d).
C. Processing of Sensitive Personal Information; Lawful Basis
(Sections 12-13)
In what circumstance is the processing of sensitive personal information and privileged information prohibited?
a. When it involves medical treatment
b. When the data subject has given consent
c. In all cases except those specified in the rule
d. When provided for by existing laws and regulations
.
Answer: c. In all cases except those specified in the rule
Explanation: The processing of sensitive personal information and privileged information is generally prohibited, except in cases specified in Section 13
C. Processing of Sensitive Personal Information; Lawful Basis
(Sections 12-13)
Under what condition is the processing of sensitive personal information allowed without the need for the consent of the data subject?
a. When necessary for medical treatment
b. When provided for by existing laws and regulations
c. When processing concerns legal claims in court proceedings
d. When necessary to protect the life and health of the data subject
Answer: b. When provided for by existing laws and regulations
Explanation: Processing of sensitive personal information is allowed without the consent of the data subject when provided for by existing laws and regulations, as per Section 13(b).
C. Processing of Sensitive Personal Information; Lawful Basis
(Sections 12-13)
Under what condition is the processing of sensitive personal information allowed for noncommercial objectives of public organizations?
a. Always allowed without any restrictions
b. Only when consent is obtained
c. Only when confined to bona fide members and consent is obtained
d. Only when transferred to third parties
Answer: c. Only when confined to bona fide members and consent is obtained
Explanation: Processing of sensitive personal information for noncommercial objectives of public organizations is allowed only when confined and related to bona fide members of these organizations, and consent is obtained, as per Section 13(d).
