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Questions and Answers

What types of personal information does this Act apply to?

  • Personal information from foreign jurisdictions only
  • All types of personal information processed by entities in the Philippines (correct)
  • Only financial information under specific laws
  • Only information about government employees
  • Which of the following is NOT included under the exceptions of this Act?

  • Information regarding private company employees (correct)
  • Information necessary for compliance with banking laws
  • Personal information of government officials related to their roles
  • Personal data originally collected from foreign residents
  • Which right is NOT explicitly listed as a general right of data subjects?

  • Right to ACCESS
  • Right to DELETE (correct)
  • Right to CORRECT
  • Right to INFORMATION
  • What does the Act state regarding non-resident entities using equipment in the Philippines?

    <p>They must comply with the regulations outlined in the Act</p> Signup and view all the answers

    Which piece of information about government employees is included under the exceptions of the Act?

    <p>Their job titles and responsibilities</p> Signup and view all the answers

    What is a Personal Information Controller?

    <p>A person or organization that controls the collection and use of personal information.</p> Signup and view all the answers

    Which condition allows government employees access to sensitive information?

    <p>Employees must have received security clearance.</p> Signup and view all the answers

    Which of the following is NOT classified as sensitive personal information?

    <p>A grocery list for personal household use.</p> Signup and view all the answers

    When can personal information be transported or accessed offsite?

    <p>If a request for offsite access is approved.</p> Signup and view all the answers

    What must agreements for sharing data provide?

    <p>Adequate safeguards for data subjects' rights.</p> Signup and view all the answers

    Study Notes

    Data Privacy Act of 2012 (RA 10173)

    • An act protecting personal information in government and private sectors
    • Creates a National Privacy Commission
    • Responsible agencies: Department of Information and Communications Technology, National Privacy Commission

    Data Privacy Act of 2012 (DPA) - Key Provisions

    • General Provisions

    • The National Privacy Commission

    • Processing of Personal Information

    • Rights of the Data Subject

    • Security of Personal Information

    • Accountability for Transfer of Personal Information

    • Security of Sensitive Personal Information in Government

    • Penalties

    • Miscellaneous Provisions

    • Scope (slide 1 of 5) – Excludes various types of information

    • Scope (slide 2 of 5) – Information about government officials, employees

    • Scope (slide 3 of 5) – Information on individuals performing services under contract for government institutions

    • Scope (slide 4 of 5) – Personal information processed for journalistic, artistic, literary or research purposes

    • Scope (slide 5 of 5) – Information necessary for banks

    Data Privacy Act of 2012 (DPA) - General Rights of Data Subjects

    • Right to information
    • Right to access
    • Right to correct
    • Right to remove
    • Right to damages
    • Right to data portability

    Data Privacy Act of 2012 (DPA) - General Rights of Data Subjects - Exceptions

    • Processed personal information used for scientific or statistical research
    • Processing of personal information related to criminal, administrative or tax liabilities
    • Collection of personal data must be declared and specified
    • Consent is required for all personal data collection
    • Data subject must be informed about data processing extent and purpose
    • Consent is not required for fulfilling contractual agreements
    • Consent is not required in cases of data subject protection

    Sensitive Personal Information

    • The law defines sensitive personal information (Includes race, ethnicity, marital status, gender, religion, political affiliation, health, etc.)
    • Processing prohibited except in certain circumstances
    • Consent of the data subject where required
    • Security of sensitive personal info in government

    Personal Information Controllers

    • The term refers to someone who controls collection, holding, processing or use of personal information
    • Excludes persons performing functions as instructed
    • Individuals collecting information for personal use

    Penalties for violations of the DPA

    • Fines ranging from $2,000 to $100,000
    • Imprisonment from 1 year to 6 years

    Benefits of Technology

    • Easier access to medical information, improved patient relationships
    • Faster results for medical testing
    • Better treatments and equipment

    Challenges of Technology

    • Interoperability issues
    • Keeping up with outdated technology
    • Difficult user interfaces - Difficult user interfaces
    • Exacerbating Malpractice Claims

    Current Technology Issues and Dilemmas

    • Privacy and confidentiality: Controlling access to health information - Security measures to protect data integrity
    • Security breaches: Firewalls, antivirus software needed to protect data integrity

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