Government Agencies: Intellectual Property Code Implementation

Data Privacy Act of 2012

• The Data Privacy Act of 2012 aims to protect personal information, including private, personal, and sensitive information.

Personal Information

• Personal information must satisfy two criteria: it must be about an individual, and the individual's identity must be reasonably ascertainable from the information or opinion.
• Examples of personal information include: name, address, number, email, picture, and video of a person, and land ownership.

Sensitive Personal Information

• Sensitive personal information includes: race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations.
• Also included are: health, education, genetic or sexual life of a person, civil, criminal or administrative proceedings, and unique identifiers issued by government agencies.

Processing of Personal Information

• Processing refers to any operation or set of operations performed upon personal data, including collection, recording, organization, storage, and more.
• A data subject is an individual whose personal, sensitive personal, or privileged information is processed.

Rights of Data Subjects

• Right to be Informed
• Right to Access
• Right to Object
• Right to Rectification
• Right to Erasure or Blocking
• Right to Damages
• Right to Data Portability
• Right to File a Complaint

Fines and Penalties

• Unauthorized processing of personal information: imprisonment of 1 to 3 years, fine of 500K to 2M pesos.
• Unauthorized processing of sensitive personal information: imprisonment of 3 to 6 years, fine of 500K to 4M pesos.
• Processing of personal information for unauthorized purposes: imprisonment of 1 year and 6 months to 5 years, fine of 500K to 1M pesos.
• Unauthorized access or intentional breach: imprisonment of 1 to 3 years, fine of 500K to 2M pesos.
• Concealment of security breaches involving sensitive personal information: imprisonment of 1 year and 6 months to 5 years, fine of 500K to 1M pesos.
• Unauthorized disclosure: imprisonment of 1 to 3 years, fine of 500K to 1M pesos.

Government Agencies

• The Intellectual Property Office is responsible for implementing the Intellectual Property Code.
• The National Privacy Commission protects individual personal information by regulating the processing of personal information.

Republic Act No. 10173

• The Data Privacy Act is a law that seeks to protect all forms of personal information.
• It applies to the processing of all types of information, in the country and even abroad, subject to certain qualifications.
• Conditions under which processing of personal information is allowed are outlined in Section 12 of the Act.
• Processing of sensitive personal information is prohibited except in certain cases outlined in Section 13 of the Act.