Philippines Data Privacy Act of 2012 PDF

R.A. 10173, also known as the Philippines Data Privacy Act of 2012, is a comprehensive law that governs the protection of personal data in the country. It aims to ensure privacy, security, and accountability in the processing of personal information....

R.A. 10173, also known as the Philippines Data Privacy Act of 2012, is a comprehensive law that governs the protection of personal data in the country. It aims to ensure privacy, security, and accountability in the processing of personal information. GDB Atty. Gelle D. Baligod ✓ Republic Act No. 10173 ✓ Presentations/Materials of the National Privacy Commission What is Privacy? Privacy is a fundamental right, essential to autonomy and the protection of human dignity, serving as the foundation upon which many other human rights are built. https://www.privacyinternational.org/node/54  Right to Privacy “the right to be let alone - the most comprehensive of rights and the right most valued by civilized men” [Brandeis J, dissenting in Olmstead v. United States, 277 U.S. 438 (1928)]. https://www.pinterest.com/explore/louis-brandeis/  Right to Information Privacy The individual’s ability to control the flow of information concerning or describing him, which however must be overbalanced by legitimate public concerns. To deprive an individual of his power to control or determine whom to share information of his personal details would deny him of his right to his own personhood. Dissenting Opinion of Justice Consuelo Ynares-Santiago in G.R No 167798 Kilusang Mayo Uno, et al., v. The Director General, National Economic Development Authority, et al., and G.R No. 167930 Bayan Muna Representatives Satur C. Ocampo, et al., v. Eduardo Ermita, et al. (19 April 2006)  Scope Data Subjects Those who National Privacy Process Personal Commission Information Processing of Personal Information  This Act applies to the processing of all types of personal information and to any natural and juridical person involved in personal information processing From: presentation of DPC Ivy D. Patdu, NPC Personal information refers to any information from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual. Sensitive Personal Information individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations; individual’s health, education, genetic or sexual life of a person, or to any proceeding for any offense committed or alleged, the disposal of such, or the sentence of any court; Issued by government agencies peculiar to an individual which includes: social security numbers, health records, licenses or its denials, suspension or revocation, and tax returns; and Specifically established by an executive order or an act of Congress to be kept classified.  Sensitive Personal Personal Information Privileged Information Information (List based on Rules of Court) (List based on IRR) Name Race Data received within the Address Ethnic origin context of a protected Place of work Marital status relationship – husband and wife Telephone number Age Gender Color Location of an individual at a Data received within the Religious affiliation context of a protected particular time relationship – attorney and IP address Philosophical affiliation client Birth date Political affiliation Birth place Health Data received within the Country of citizenship Education context of a protected Citizenship status Genetics relationship – priest and penitent Payroll & benefits information Sexual life Proceeding for any offense committed or alleged to have Data received within the context been committed, the disposal Contact information of a protected relationship – of such proceedings, the doctor and patient sentence of any court in such proceedings Personal Information Controller refers to a natural or juridical person that controls the processing of personal data, or instructs another to process personal data on its behalf. There is control if the person decides on what information is collected, or the purpose or extent of its processing; Personal Information Processor Refers to those who process data as instructed by the controllers  Data Subject Refers to the individual whose personal, and sensitive personal information is processed Data Subjects ??? Patients Employees Public Rights of Data Subject ✓Right to be Informed ✓Right to Object ✓Right to Access ✓Right to Correct/Rectify ✓Right to Erasure ✓Right to Data Portability ✓Right to File a Complaint ✓Right to Damages General Data Privacy Principles TRANSPARENCY LEGITIMATE PURPOSE PROPORTIONALITY PRIVACY NOTICE WHAT Personal Information will be collected WHY Personal Information is processed HOW Personal Information is collected, used accessed and stored, including security measures in place WHO will process Personal Data RIGHTS OF THE DATA SUBJECT http://pw-pediatrics.com/privacy.html From presentation of DPC Ivy D. Patdu, NPC Management of Human Resources Cultivate Awareness Photo from National Privacy Commission FB page Practice good cyber-hygiene habits 1. Be vigilant when it comes to personal data 2. Think before you click 3. Follow strict password hygiene 4. Keep software up-to-date