Data Privacy Act, Anti-Sexual Harassment Act and Safe Spaces Act Flashcards
AN ACT PROTECTING INDIVIDUAL PERSONAL INFORMATION ININFORMATION AND COMMUNICATIONS SYSTEMS IN THE GOVERNMENT AND THE PRIVATE SECTOR, CREATING FOR THIS PURPOSE A NATIONAL PRIVACY COMMISSION, AND FOR OTHER PURPOSES
REPUBLIC ACT NO. 10173
Also known as Data Privacy Act 2012
R.A NO 10173
On __________, the final implementing rules and regulations came into force, adding specificity to the Privacy Act.
September 9, 2016
Under RA10173, people whose personal information is collected, stored, and processed are called
Data subjects
It ensures that the Philippines complies with international standards set for data protection
National Privacy Commission (NPC)
True or False:
If you feel that your personal data has been misused, maliciously disclosed, or improperly disposed, the data subject has a right to file a complaint.
TRUE
It is required prior to the collection of all personal data.
Consent
Must be “freely given, specific, informed,” and the definition further requires that
consent to collection and processing be evidenced by recorded means
Consent
True or False:
Processing does not always require consent.
True
The law requires that when sharing data, the sharing be covered by an _______.
Agreement
These agreements are subject to review
by the
National Privacy Commission (NPC)
About an individual’s race, ethnic origin, marital status, age, color, and religious,
philosophical or political affiliations
Sensitive personal information
Marked as classified by executive order or act of Congress.
Sensitive personal information
All processing of sensitive and personal information is prohibited except in certain circumstances.
The exceptions are:
- Consent of the data subject
- Pursuant to law that does not require consent
- Necessity to protect life and health of a person
- Necessity for medical treatment
- Necessity to protect the lawful rights of data subjects in court proceedings, legal
proceedings, or regulation.
It is known as Anti-Sexual Harassment Act
RA 7877
AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT, EDUCATION OR TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES.
RA 7877
In the case of a work-related environment, the committee shall be composed of
At least one (1) representative
In the case of the educational or training institution, the committee shall be composed of
At least one (1) representative
True or False:
Commission of sexual harassment is a criminal offense.
True
A person found guilty of sexual
harassment shall be penalized by
Imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not less than Ten thousand pesos (P10,000) nor more than Twenty thousand pesos (P20,000), or both.
Any person who directs or induces
another to commit any act of sexual harassment, or who cooperates in the commission, shall also be held liable under
Sexual Harassment
AIM IN WET
Authority, Influences, Moral in Working, Education and Training
The Safe Spaces Act of 2019
(previously the “Bawal Bastos” Bill)
RA 11313
AN ACT DEFINING GENDER-BASED SEXUAL HARASSMENT IN STREETS, PUBLIC SPACES, ONLINE, WORKPLACES, AND EDUCATIONAL OR TRAINING INSTITUTIONS, PROVIDING PROTECTIVE MEASURES AND PRESCRIBING PENALTIES THEREFORE.
RA 11313
Gender-based sexual harassment in streets and public spaces: Such ash Cursing, wolf-whistling, catcalling, leering and intrusive gazing, taunting, etc.
Penalty:
First offense: fine of one thousand
pesos (P1,000.00) and community
service of twelve (12) hours
Second offense: arresto menor (6 to 10 days) or a fine of three thousand pesos (P3,000.00)
Third offense: arresto menor (11 to 30 days) or a fine of ten thousand pesos (P10,000.00)
Gender-based sexual harassment in streets and public spaces: Such as making offensive body gestures at someone, exposing private parts, etc.
Penalty:
First offense: fine of ten thousand
pesos (P10,000.00) and community
service of twelve (12) hours
Second offense: arresto menor (11 to 30 days) or a fine of fifteen thousand pesos (P15,000.00)
Third offense: arresto mayor (1 month and 1 day to 6 months) and a fine of twenty thousand pesos (P20,000.00)
Gender-based sexual harassment in streets and public spaces: such as Stalking, any of the acts mentioned in 11(a) or 11(b) when
accompanied by touching, pinching or brushing against the body of the offended person, etc.
Penalty:
First offense: arresto menor (11 to 30 days) or a fine of thirty thousand pesos (P30,000.00)
Second offense: arresto mayor (1
month and 1 day) or a fine of fifty
thousand pesos (P50,000.00)
Third offense: arresto mayor in its
maximum period or a fine of one
hundred thousand pesos (P100,000.00)
Gender-based online sexual harassment
Penalty:
Prision correccional in its medium
period or a fine of not less than one hundred thousand pesos (P100,000.00) but not more than five hundred thousand pesos (P500,000.00), or both at the discretion of the court.
Qualified gender-based sexual harassment
Penalty:
Penalty next higher in degree
Failure of employers or school heads to implement their duties under the Safe Spaces Act
Fine of not less than five thousand
pesos (P5,000.00) nor more than ten thousand pesos (P10,000.00)
Failure of employers or school heads to take action on reported acts of gender-based sexual harassment committed in the workplace or in the educational institution.
Fine of not less than ten thousand
pesos (P10,000.00) nor more than
fifteen thousand pesos (P15,000.00)
