Data Privacy Act Overview

Privacy and Anonymity

• Privacy is defined as freedom from surveillance and control over personal information.
• Anonymity is the ability to act without revealing one's identity.

Notification Timeline and Obligations

• Data controllers must notify the National Privacy Commission and affected individuals within 72 hours of a personal data breach.

Data Subjects' Rights

• Notice: Right to be informed about data collection.
• Choice: Right to consent to data processing.
• Access: Right to access personal data.
• Accuracy & Integrity: Right to ensure data accuracy.
• Right to Erasure: Request removal of personal data (with proof).
• Right to Action: Seek damages for misuse of data.
• Right to Data Portability: Transfer personal data to another entity.

Cybercrime

• Cybercrime encompasses illegal activities, such as cybersex, child pornography, identity theft, and unsolicited electronic communication.

Data Privacy Act (R.A. 10173)

• Protects digital personal data in both private and public sectors.
• Signed into law in August 15, 2012. Implementing rules took effect in September 9, 2016.
• Penalties for violations include fines of ₱100,000 to ₱5,000,000 and imprisonment of 3 to 6 years.

Advanced Surveillance Technology

• Surveillance is the monitoring of individuals or groups.
• Types of surveillance include computer surveillance (tracking web traffic and communications), telephone surveillance (tapping calls), CCTV and camera surveillance, social network analysis (examining connections on platforms like Facebook), biometric surveillance (tracking physical/behavioral patterns), aerial surveillance (using drones/aircraft), and other techniques (RFID tags, GPS tracking, satellite imagery).

Ethical Oversight

• Surveillance technology is reviewed by Ethics Committees to address privacy concerns.

Data Profiling

• Data profiling involves collecting and analyzing personal data to create detailed profiles of individuals or groups, revealing behavior patterns.

Key Concepts

• Electronic records: Economic and social activities create an electronic trail for analysis and tracking.
• Business applications use data from purchases and surveys for targeted marketing.

Workplace Monitoring

• Employee monitoring tracks activities like calls, emails, internet use, and surveillance.
• Technologies used for this include digital footprints, behavior modelling, and tracking software.

Legal Aspects (Workplace Monitoring)

• Few laws regulate workplace privacy, and some employer policies may lack legal binding.

Advantages (Workplace Monitoring)

• Ensures workplace productivity.
• Protects confidential company data.
• Secures investments in equipment.
• Enhances business reputation.
• Assists in law enforcement investigations

Disadvantages (Workplace Monitoring)

• May foster distrust and resentment among employees.

Privacy Protection in the Philippines

• Processing of private data requires transparency, legitimate purpose, and proportionality.

Core Principles of Privacy Protection

• Notice/Awareness: Entities must inform individuals about data practices before collection.
• Choice/Consent: Individuals control their data, especially for secondary purposes like marketing.

Data Controller

• Responsible for managing data.

Data Mining

• Uses statistical techniques and algorithms to uncover patterns and relationships.

Data Profiling (continued)

• Analyzes personal data to create detailed profiles and reveal behavior patterns.

Mandatory Personal Information Breach Notification

• Definitions:
  • Security incident: events impacting data protection.
  • Personal Data Breach: unauthorized destruction, loss, alteration, or disclosure of data.
• The right to privacy to be left alone is a fundamental aspect of the law (referenced sources are Hill - no date provided and Solesy - no date provided).
• It involves protection against unreasonable intrusion, unauthorized use of information, and false representations in public.

Structure of the Data Privacy Act

• Sections 1-6: Definitions and General Provisions
• Sections 7-10: The National Privacy Commission
• Sections 11-21: Rights of Data Subjects and Obligations of Controllers/Processors
• Sections 22-24: Provisions Specific to Government
• Sections 25-37: Penalties