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Questions and Answers

What is the definition of a filing system?

  • A method for automatically processing data.
  • A record-keeping method without organization.
  • A collection of information structured for easy access. (correct)
  • A system for generating electronic documents.

Which of the following best describes personal data?

  • Information used exclusively for marketing purposes.
  • Information collected about organizations and their activities.
  • All types of personal information relating to an individual. (correct)
  • Any information that pertains to data processing.

What occurs during a personal data breach?

  • The unauthorized marketing of personal data.
  • Accidental loss or unauthorized access to personal data. (correct)
  • The lawful alteration of personal information.
  • The encryption of sensitive personal data.

Which of the following is NOT a function of a personal information controller?

<p>Processing data on behalf of another organization. (B)</p> Signup and view all the answers

What is included in an information and communications system?

<p>Devices and procedures for processing electronic data. (D)</p> Signup and view all the answers

What characterizes personal information?

<p>Information that can identify an individual directly or indirectly. (B)</p> Signup and view all the answers

Which statement about personal information controllers is true?

<p>They decide how personal data is processed. (B)</p> Signup and view all the answers

What is the primary role of an information and communications system?

<p>To facilitate the processing and handling of electronic data. (A)</p> Signup and view all the answers

What does the term "personal information processor" refer to?

<p>Any entity that processes personal data as instructed by a controller. (B)</p> Signup and view all the answers

Which of the following activities is considered 'processing' of personal data?

<p>Performing a set of operations including consultation and erasure. (C)</p> Signup and view all the answers

What does 'profiling' consist of?

<p>Predictive analysis based on multiple personal data points. (D)</p> Signup and view all the answers

Which of the following describes 'privileged information'?

<p>Data that is confidential and protected by specific laws. (D)</p> Signup and view all the answers

What is a 'security incident'?

<p>Any occurrence that affects data protection and confidentiality. (D)</p> Signup and view all the answers

What constitutes sensitive personal information?

<p>Information about an individual's racial or ethnic background. (A)</p> Signup and view all the answers

Who is classified as a 'public authority'?

<p>Any government entity with law enforcement authority. (A)</p> Signup and view all the answers

Which of the following is NOT an element of 'processing'?

<p>Unrestricted sharing of personal data with others. (B)</p> Signup and view all the answers

What principle requires that the processing of personal data should not exceed what is necessary for the specified purpose?

<p>Proportionality (A)</p> Signup and view all the answers

Which of the following is NOT a requirement for the processing of personal data under the legislation?

<p>Using personal data for promotional purposes (B)</p> Signup and view all the answers

What must a data subject be informed about according to the principle of transparency?

<p>The identity of the personal information controller (A)</p> Signup and view all the answers

For what reasons can consent for the processing of personal data be withdrawn?

<p>If the data subject changes their mind (B)</p> Signup and view all the answers

What is the primary purpose of requiring consent prior to data collection?

<p>To ensure the purpose is declared, specified, and legitimate (A)</p> Signup and view all the answers

Which of the following best describes the principle of legitimate purpose?

<p>Data must only be processed for purposes that align with legal and ethical standards (D)</p> Signup and view all the answers

What does the principle of transparency primarily emphasize?

<p>Clarity and ease of access to information regarding data processing (A)</p> Signup and view all the answers

Under what condition is data processing considered permissible?

<p>When compliance with legal requirements is maintained (C)</p> Signup and view all the answers

What type of issued information is primarily referenced?

<p>Government-issued documents (C)</p> Signup and view all the answers

In which scenario does the Act apply to entities not established in the Philippines?

<p>If it enters a contract in the Philippines (A)</p> Signup and view all the answers

Which of the following is NOT a condition for the Act's applicability?

<p>The processing of data is done outside the Philippines (D)</p> Signup and view all the answers

What is the significance of 'comity' in the context of the Act?

<p>It establishes international cooperation and acknowledgment (A)</p> Signup and view all the answers

Which situation would likely NOT necessitate the collection of restricted information?

<p>For marketing research purposes (C)</p> Signup and view all the answers

What type of entities does the Act explicitly apply to?

<p>Natural and juridical persons (A)</p> Signup and view all the answers

Which of the following statements is true regarding the special cases mentioned in the Act?

<p>Data can be processed for public access under specified conditions (C)</p> Signup and view all the answers

How is personal data processing defined in the context of the Act?

<p>Activities related to personal data by any person or entity (D)</p> Signup and view all the answers

What is the primary obligation of employees, agents, or representatives who have access to personal data?

<p>To operate and hold personal data with strict confidentiality (C)</p> Signup and view all the answers

Which of the following is NOT part of the processing of personal data procedures?

<p>Policies for immediate public disclosure of personal data (B)</p> Signup and view all the answers

What must personal information controllers ensure through contractual agreements?

<p>That personal information processors implement necessary security measures (A)</p> Signup and view all the answers

What is a key training component for employees who process personal data?

<p>Understanding privacy and security policies (A)</p> Signup and view all the answers

What type of timeline must be established for personal data retention?

<p>A schedule including conditions for erasure or disposal of records (A)</p> Signup and view all the answers

What responsibility do data subjects have under the processing of personal data?

<p>To exercise their rights under the Act (D)</p> Signup and view all the answers

Which procedure is focused specifically on obtaining consent for data processing?

<p>Personal data collection procedures (D)</p> Signup and view all the answers

What is a necessary component of managing human resources in relation to personal data?

<p>Supervision of employees who access personal data (A)</p> Signup and view all the answers

What is required of a personal information controller when subcontracting the processing of personal data?

<p>They should ensure proper safeguards are in place. (B)</p> Signup and view all the answers

What must be included in the contract governing the processing of personal data?

<p>The geographic location of the processing. (B)</p> Signup and view all the answers

Which of the following is NOT a requirement for a personal information processor as per the outlined agreements?

<p>Act autonomously without oversight. (A)</p> Signup and view all the answers

What must be ensured to prevent unauthorized use of personal data when subcontracting?

<p>Implementing safeguards to maintain data confidentiality. (C)</p> Signup and view all the answers

What type of document must the agreement for outsourcing be governed by?

<p>A contract or other legal act. (C)</p> Signup and view all the answers

What is a key responsibility of the personal information processor regarding confidentiality?

<p>They must impose an obligation of confidentiality. (A)</p> Signup and view all the answers

What is the purpose of ensuring safeguards during personal data processing?

<p>To ensure confidentiality, integrity, and availability of the data. (B)</p> Signup and view all the answers

In what circumstance can personal data be transferred internationally without documented instructions?

<p>When such transfer is allowed by law. (B)</p> Signup and view all the answers

Flashcards

Filing System

A structured collection of information about individuals or groups, making specific information easily retrievable, even without automatic processing.

Information and Communications System

A system for creating, sending, receiving, storing, or processing electronic data/documents (e.g., email, computer systems).

Personal Data

Any type of information that identifies an individual.

Personal Data Breach

A security violation that leads to the unintentional or illegal disclosure, access, loss, damage, or alteration of personal data.

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Personal Information

Any type of information about an individual, whether written or not, that can somehow reveal their identity.

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Personal Information Controller

The person or organization ultimately responsible for how personal data is processed. This is the entity that decides what info is collected and the purpose of its processing.

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Personal information processor

A person or entity that processes personal data on behalf of a personal information controller.

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Processing (of personal data)

Any operation or set of operations performed on personal data, including actions like collection, storage, use, or deletion.

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Profiling

Automated processing of personal data to evaluate personal aspects, like predicting behavior or interests.

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Privileged information

Data protected as confidential by legal rules, like attorney-client communications.

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Public authority

Government agencies with law enforcement or regulatory powers.

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Security incident

Any event that affects data protection, potentially compromising data availability, integrity, or confidentiality.

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Sensitive personal information

Personal data about race, ethnicity, health, religion, or other sensitive topics.

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Data Privacy Principles

Rules for processing personal data, including transparency, legitimate purpose, and proportionality, with legal compliance.

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Transparency (data processing)

Data subjects must understand how their data is processed, including risks, safeguards, controller identity, and rights exercise; information must be clear and accessible.

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Legitimate Purpose (data processing)

Data processing must align with a stated, legal purpose; not contrary to law, morals, or public policy.

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Scope of Data Protection Act

The Data Protection Act's application extends to any individual or organization processing personal data, whether government or private, both within and outside the Philippines.

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Proportionality (data processing)

Data processing must be appropriate, relevant, necessary, and not excessive; other options should be considered.

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Exceptions to Data Protection Act

Certain types of information, like public information pertaining to matters of public concern, are excluded from the Data Protection Act's full scope, but data is only collected, handled, used, revealed or otherwise processed to the minimum extent needed for the specific purpose.

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Data Protection in Philippines

The Data Protection Act and related rules apply to data processing where the data controller is in the Philippines, concerns a Filipino citizen or resident, is processed in the Philippines, or connects to the Philippines through activities there.

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Personal Data Collection Purpose

Collection must be for a stated, legitimate purpose; consent needed unless exempt.

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Exempt Personal Data

Specific types of personal data, such as government-issued information (social security, health, licenses, tax returns) and those designated as classified by an executive order or act of Congress, may be exempt.

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Consent (data collection)

Permission to collect and use personal data; must be time-bound to purpose; can be withdrawn.

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International Application

The Data Protection Act is concerned with data processing actions by Filipino-linked entities. This includes those with activities like using equipment, contracts, central management, subsidiaries, doing business in, or collecting/holding data in the Philippines.

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Personal Data Privacy

Protecting personal information through laws and regulations, ensuring confidentiality and security.

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Data Controller

The entity ultimately responsible for managing and processing personal information.

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Personal Data Protection

Rules and standards for managing how personal data can be used, processed, and secured.

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Employee Confidentiality

Employees handling personal data are required to maintain strict confidentiality, even after leaving the organization.

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Consent for Data Collection

A procedure for acquiring permission to process the personal data of an individual.

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Data Minimization

Only collecting and processing personal data necessary for a specific, lawful purpose.

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Security Incident Procedures

Policies and protocols for addressing security breaches and technical issues related to personal data.

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Data Subject Rights

The rights of individuals regarding their personal data, including access, correction, and erasure.

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Data Retention Schedule

A plan for how long personal data should be stored and when it should be removed.

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Contracts with Data Processors

Agreements enforcing data processor compliance with data security requirements.

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Personal Data Subcontracting

A personal information controller can outsource personal data processing to another entity, but must ensure confidentiality, integrity, availability of the data and compliance with laws.

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Outsourcing Contract

A legally binding agreement between a personal information controller and a personal information processor, outlining the processing details.

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Processing Instructions

The personal information processor must adhere to specific directions given by the personal information controller, including data transfers.

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Confidentiality Obligations

Personnel who have access to personal data must maintain confidentiality.

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Security Measures

The personal information processor is obligated to implement sufficient security measures in line with laws and regulations related to data protection.

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Annual Reports

A summary of data handling activities that must be submitted to the relevant commission annually.

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Breach Notification

A detailed procedure to report breaches of data security, outlined in laws and regulations and enforced annually by the Commission.

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Subcontract of Personal Data

A contract that outlines who processes the personal data, where the processing will take place, and the terms of the processing and transfer to another country.

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Study Notes

Implementing Rules and Regulations of Republic Act No. 10173

  • Pursuant to the Data Privacy Act of 2012, the National Privacy Commission implemented these rules and regulations.

  • The rules and regulations ensure compliance with international data protection standards.

Rule I. Preliminary Provisions

  • Title: Implementing Rules and Regulations of Republic Act No. 10173, known as the “Data Privacy Act of 2012”, or the “Rules”.
  • Policy: The Rules further enforce the Data Privacy Act and adopt international principles and standards for personal data protection, protecting the fundamental human right to privacy while promoting the free flow of information for growth.
  • Definitions:
    • Act: Republic Act No. 10173, the Data Privacy Act of 2012
    • Commission: National Privacy Commission
    • Consent of the data subject: freely given, specific, informed indication of will, whereby the data subject agrees to the collection and processing of personal, sensitive personal, or privileged information
    • data subject: individual whose personal, sensitive personal, or privileged information is processed
    • Data Processing Systems: the structure and procedure for collecting and processing personal data
    • Data sharing: disclosure or transfer of data to a third party by an information controller or personal information processor
    • Direct marketing: communication by any means of advertising or marketing materials to particular individuals
    • Filing system: an organized system for information relating to individuals that is not automated
    • Information and communications system: system for generating, sending, receiving, storing, or otherwise processing electronic data or documents
    • Personal data: all types of personal information
    • Personal data breach: compromise of security leading to destruction, loss, alteration, unauthorized disclosure, or access of personal data
    • Personal information: any information identifying an individual

Rule II. Scope of Application

  • Scope: Applies to all natural and juridical persons processing data in the government or private sector. Includes acts in or outside the Philippines.
  • Special cases: Certain information processing in the public interest is exempt, e.g., public access to information.

Rule III. National Privacy Commission

  • Mandate: To administer and implement the Act and monitor compliance with international data protection standards.
  • Functions: Rule making, reviewing existing rules, and promoting compliance by government agencies.
  • Advisory: Provides advisory and guidance on data privacy matters.

Rule IV. Data Privacy Principles

  • General Principles: Processing of personal data adheres to transparency, legitimate purpose, and proportionality
  • Transparency: Data subjects are aware of data processing nature, purpose, and risks.
  • Legitimate Purpose: Processing must be compatible with a stated purpose. The purpose must be legitimate, and not contrary to law, morals, or public policy.
  • Proportionality: Data processing must be adequate, relevant, and necessary for its stated purpose, and not excessive.

Rule V. Lawful Processing of Personal Data

  • Criteria for Lawful Processing: Processing of personal information requires one of the following:
    • Data Subject Consent;
    • Contractual Obligations;
    • Legal Obligations;
    • Vital Interests;
    • National Emergency;
    • Constitutional/Statutory Mandate

Rule VI. Security Measures for the Protection of Personal Data

  • Data Privacy and Security: Personal information controllers and processors must implement reasonable and appropriate organizational, physical, and technical security measures.

Rule VII. Security of Sensitive Personal Information in Government

  • Responsibility of Heads of Agencies: Heads of government agencies are responsible for securing sensitive personal information with the appropriate standards.

Rule VIII. Rights of Data Subjects

  • Right to be Informed: Data subjects must be informed about their personal data being processed.
  • Right to Access: Data subjects have the right to obtain a copy of their personal data.
  • Right to Rectify: Data subjects can correct inaccuracies in their personal data.
  • Right to Erasure: Data subjects can request erasure of their personal data under certain conditions.

Rule IX. Data Breach Notification

  • Data Breach Notification: Personal information controllers must notify the commission and data subjects of a data breach within 72 hours.

Rule X. Outsourcing and Subcontracting Agreements

  • Subcontract of Personal Data: A personal information controller can outsource data processing but must ensure adequate safeguards.

  • Agreements for Outsourcing: Contracts or legal documents govern data processing by third parties.

Rule XI. Registration and Compliance Requirements

  • Registration of Personal Data Processing Systems: Systems processing data for at least one thousand individuals must be registered.

Rule XII. Rules on Accountability

  • Accountability for Transfer of Personal Data: Personal information controllers are responsible for personal data, even if it is outsourced.

Rule XIII. Penalties

  • Unauthorized Processing of Personal Information: Penalties for unauthorized processing range from imprisonment to a fine.

Rule XIV. Miscellaneous Provisions

Other Rules

  • Appeal: Appeals from Commission decisions can be made to courts.
  • Period for Compliance: Time periods for compliance with the rules are stipulated.
  • Appropriations Clause: Funding for the Commission is ensured.
  • Interpretation: Any ambiguities in the rules will be resolved liberally to protect the rights of individuals.
  • Separability: Invalid provisions won't affect other valid provisions.

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