Podcast
Questions and Answers
What types of personal information does this Act apply to?
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?
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?
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?
What does the Act state regarding non-resident entities using equipment in the Philippines?
Which piece of information about government employees is included under the exceptions of the Act?
Which piece of information about government employees is included under the exceptions of the Act?
What is a Personal Information Controller?
What is a Personal Information Controller?
Which condition allows government employees access to sensitive information?
Which condition allows government employees access to sensitive information?
Which of the following is NOT classified as sensitive personal information?
Which of the following is NOT classified as sensitive personal information?
When can personal information be transported or accessed offsite?
When can personal information be transported or accessed offsite?
What must agreements for sharing data provide?
What must agreements for sharing data provide?
Flashcards
Sensitive Personal Information
Sensitive Personal Information
Information about an individual's race, religion, health, education, genetics, sexual life, or any legal actions. It also includes uniquely identifying information by government agencies, such as social security numbers, and classified data.
Personal Information Controller
Personal Information Controller
The person or organization who decides how and why personal information is collected, held, used, processed, or transferred.
Data Subject
Data Subject
The individual whose personal information is being collected, processed, or used
Data Sharing Agreement
Data Sharing Agreement
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Personal Information Processor
Personal Information Processor
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Scope of the Act
Scope of the Act
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Exclusions from the Act's Scope
Exclusions from the Act's Scope
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Government Employee Data
Government Employee Data
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Bank and Financial Information
Bank and Financial Information
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Foreign Data Processed in the Philippines
Foreign Data Processed in the Philippines
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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
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General Provisions
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The National Privacy Commission
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Processing of Personal Information
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Rights of the Data Subject
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Security of Personal Information
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Accountability for Transfer of Personal Information
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Security of Sensitive Personal Information in Government
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Penalties
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Miscellaneous Provisions
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Scope (slide 1 of 5) – Excludes various types of information
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Scope (slide 2 of 5) – Information about government officials, employees
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Scope (slide 3 of 5) – Information on individuals performing services under contract for government institutions
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Scope (slide 4 of 5) – Personal information processed for journalistic, artistic, literary or research purposes
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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
Data Processing and Consent
- 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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