RA 10173 – Data Privacy Act of 2012 SUMMARY Republic Act No. 10173, also known as the Data Privacy Act of 01, is an act protectin! in"ivi"ual personal infor#ation in infor#ation an" co##unications syste#s in the !overn#ent an" the private sector s ector.. $he Act ai#s to protect the fun"a#ental hu#an ri!ht of privacy, of co##unication while ensurin! free %ow of infor#ation to pro#ote innovation an" !rowth. &t also ai#s to ensure that personal infor#ation in infor#ation an" co##unications syste#s in the !overn#ent an" in the private sector are secure" an" protecte". SCOPE $his Act applies to the processin! of all types of personal infor#ation an" to any natural an" 'uri"ical person involve" in personal infor#ation processin! inclu"in! those personal infor#ation controllers an" processors who, althou!h not foun" or establishe" in the Philippines, use e(uip#ent that are locate" in the Philippines, or those who #aintain an o)ce, branch or a!ency in the Philippines. *owever, this Act "oes not apply to the followin!+ 1. &nfor#ation &nfor#ation about about any in"ivi"ual in"ivi"ual who is is or was an o)cer o)cer or e#ploye e#ployee e of a !overn#ent institution that relates to the position or functions of the in"ivi"ual . &nfor#ation &nfor#ation about about an in"ivi"ual in"ivi"ual who is is or was perfor#in perfor#in! ! service service un"er un"er contract contract for a !overn#ent institution that relates to the services perfor#e", inclu"in! the ter#s of the contract, an" the na#e of the in"ivi"ual !iven in the course of the perfor#ance of those services 3. &nfor#ation &nfor#ation relatin! relatin! to any "iscre "iscretionary tionary bene-t bene-t of a -nancial -nancial nature nature such as the !rantin! of a license or per#it !iven by the !overn#ent to an in"ivi"ual, inclu"in! the na#e of the in"ivi"ual an" the eact nature of the bene-t /. Personal Personal infor#ation infor#ation processe processe" " for 'ournalistic, 'ournalistic, artistic, artistic, literary literary or researc research h purposes . &nfor#ation &nfor#ation necessary necessary in or"er or"er to carry carry out the functions functions of public public authority authority which inclu"es the processin! of personal "ata for the perfor#ance by the in"epen"ent, central #onetary authority an" law enforce#ent an" re!ulatory a!encies of their constitutionally an" statutorily #an"ate" functions. Nothin! in this Act shall be construe" as to have a#en"e" or repeale" Republic Act No. 1/0, otherwise known as the ecrecy of 2ank Deposits Act Republic Act No. /, otherwise known as the 4orei!n 5urrency Deposit Act an" Republic Act No. 610, otherwise known as the 5re"it &nfor#ation yste# Act 5&A8 . &nfor#ation &nfor#ation necessar necessary y for banks banks an" other other -nancial -nancial institutions institutions un"er un"er the 'uris"iction of the in"epen"ent, central #onetary authority or 2an!ko entral n! Pilipinas Pilipinas to co#ply with Republic Republic Act Act No. 610, an" Republi Republic c Act No. No. 610, as a#en"e", otherwise known as the Anti9:oney ;aun"erin! Act an" other applicable laws an" 7. Personal Personal infor#ation infor#ation ori!inally ori!inally collecte" collecte" fro# fro# resi"ents resi"ents of forei!n forei!n 'uris"ictions 'uris"ictions in accor"ance with the laws of those forei!n 'uris"ictions, inclu"in! any applicable "ata privacy laws, which is bein! processe" in the Philippines.
PUNISHABE O!!ENSES 1.
3. &#proper Disposal of Personal &nfor#ation an" ensitive Personal &nfor#ation /. Processin! of Personal &nfor#ation an" ensitive Personal &nfor#ation for .
E"#RA#ERRI#ORIA APPICA#ION $his Act applies to an act "one or practice en!a!e" in an" outsi"e of the Philippines by an entity if+ a8 $he act, practice or processin! relates to personal infor#ation about a Philippine citi=en or a resi"ent b8 $he entity has a link with the Philippines, an" the entity is processin! personal infor#ation in the Philippines or even if the processin! is outsi"e the Philippines as lon! as it is about Philippine citi=ens or resi"ents c8 $he entity has other links in the Philippines SAIEN# !EA#URES1 1. &t applies to processin! of personal infor#ation an" sensitive personal infor#ation ection 3;8. . 5reate" the National Privacy 5o##ission to #onitor the i#ple#entation of this law. section 78 3. ?ave para#eters on when an" on what pre#ise can "ata processin! of personal infor#ation be allowe". &ts basic pre#ise is when a "ata sub'ect has !iven "irect consent. section 1 an" 138 /. 5o#panies who subcontract processin! of personal infor#ation to thir" party shall have full liability an" can@t pass the accountability of such responsibility. section 1/8 . Data sub'ect has the ri!ht to know if their personal infor#ation is bein! processe". $he person can "e#an" infor#ation such as the source of info, how their personal infor#ation is bein! use", an" copy of their infor#ation. ne has the ri!ht to re(uest re#oval an" "estruction of one@s personal "ata unless there is a le!al obli!ation that re(uire" for it to be kept or processe". ection 1 an" 1>8 . &f the "ata sub'ect has alrea"y passe" away or beca#e incapacitate" for one reason or another8, their le!al assi!nee or lawful heirs #ay invoke their "ata privacy ri!hts. ection 178 7. Personal infor#ation controllers #ust ensure security #easures are in place to protect the personal infor#ation they process an" be co#pliant with the re(uire#ents of this law. ection 0 an" 18 >. &n case a personal infor#ation controller syste#s or "ata !ot co#pro#ise", they #ust notify the aBecte" "ata sub'ects an" the National Privacy 5o##ission. ection 08 6. *ea"s of !overn#ent a!encies #ust ensure their syste# co#pliance to this law inclu"in! security re(uire#ents8. Personnel can only access sensitive personal infor#ation oB9site, li#ite" to 1000 recor"s, in !overn#ent syste#s with proper authority an" in a secure" #anner. ection 8
E!!EC#I$I#Y
1 http+CC"i!ital-lipino.co#Csalient9features9of9"ata9privacy9act9of9019republic9act9 10173C
$his Act was si!ne" into law on 1 Au!ust 01 an" took eBect on > epte#ber 01.
