REPUBLIC ACT NO.

10173
DATA PRIVACY ACT OF 2012

An act protecting individual personal information in information and communications systems in the government and the private sector, creating for this
purpose a national privacy commission, and for other purposes.

CHAPTER I
GENERAL PROVISIONS

Sec.1 Short title—This Act shall be known as the “DATA PRIVACY ACT OF 2012”

DECLARATION OF POLICY (Sec. 2)

 to protect the fundamental human right of privacy, of communication while ensuring free flow of information to promote innovation and growth.
 to ensure that personal information in the information and communication systems in the government and private sector are secured and protected.

DEFINITION OF TERMS (Sec. 3)

 Commission - the National Privacy Commission created by virtue of this Act.
 Consent of the data subject - any freely given, specific, informed indication of will, whereby the data subject agrees to the collection and processing
of personal information about and/or relating to him or her. Consent shall be evidenced by written, electronic or recorded means. It may also be
given on behalf of the data subject by an agent specifically authorized by the data subject to do so.
 Data subject - an individual whose personal information is processed.
 Direct marketing - communication by whatever means of any advertising or marketing material which is directed to particular individuals.
 Filing system - any act of information relating to natural or juridical persons to the extent that, although the information is not processed by
equipment operating automatically in response to instructions given for that purpose, the set is structured, either by reference to individuals or by
reference to criteria relating to individuals, in such a way that specific information relating to a particular person is readily accessible.
 Information and Communications System - a system for generating, sending, receiving, storing or otherwise processing electronic data messages
or electronic documents and includes the computer system or other similar device by or which data is recorded, transmitted or stored and any
procedure related to the recording, transmission or storage of electronic data, electronic message, or electronic document.
 Personal information - any information whether recorded in a material form or not, 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.
 Personal information controller - a person or organization who controls the collection, holding, processing or use of personal information, including
a person or organization who instructs another person or organization to collect, hold, process, use, transfer or disclose personal information on his
or her behalf.
The term excludes:
a. A person or organization who performs such functions as instructed by another person or organization; and
b. An individual who collects, holds, processes or uses personal information in connection with the individual’s personal, family or
household affairs.
 Personal information processor - any natural or juridical person qualified to act as such under this Act to whom a personal information controller
may outsource the processing of personal data pertaining to a data subject.
 Processing - any operation or any set of operations performed upon personal information including, but not limited to, the collection, recording,
organization, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction of data.
 Privileged information - any and all forms of data which under the Rules of Court and other pertinent laws constitute privileged communication.
 Sensitive personal information - personal information:
(1) About an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations;
(2) About an individual’s health, education, genetic or sexual life of a person, or to any proceeding for any offense committed or alleged to have
been committed by such person, the disposal of such proceedings, or the sentence of any court in such proceedings;
(3) Issued by government agencies peculiar to an individual which includes, but not limited to, social security numbers, previous or current health
records, licenses or its denials, suspension or revocation, and tax returns; and
(4) Specifically established by an executive order or an act of Congress to be kept classified.

SCOPE OF THIS ACT (Sec. 4)

 applies to the processing of all types of personal information and to any natural and juridical person involved in personal information processing in
and outside the Philippines if:
a. the natural or juridical person found or established in the Philippines;
b. relates to personal data about a Philippine citizen or Philippine resident;
c. processing of personal data is being done in the Philippines; or
d. Although not found or established in the Philippines, entity involved in processing has links to the Philippines, such as:
1. Use of equipment located in the Philippines;
2. A contract is entered in the Philippines;
3. has central management and control in the Philippines;
4. has a branch, agency, office or subsidiary in the Philippines and the parent or affiliate of the Philippine entity has access to personal
data;
5. carries on business in the Philippines;
6. collects or holds personal data in the Philippines.
This Act does NOTt apply to the following:
a. Information about any individual who is or was an officer or employee of a government institution that relates to the position or functions
of the individual, including:
(1) The fact that the individual is or was an officer or employee of the government institution;
(2) The title, business address and office telephone number of the individual;
(3) The classification, salary range and responsibilities of the position held by the individual; and
(4) The name of the individual on a document prepared by the individual in the course of employment with the government;
b. Information about an individual who is or was performing service under contract for a government institution that relates to the services
performed, including the terms of the contract, and the name of the individual given in the course of the performance of those services;
c. Information relating to any discretionary benefit of a financial nature such as the granting of a license or permit given by the government
to an individual, including the name of the individual and the exact nature of the benefit;
d. Personal information processed for journalistic, artistic, literary or research purposes;
e. Information necessary in order to carry out the functions of public authority which includes the processing of personal data for the
performance by the independent, central monetary authority and law enforcement and regulatory agencies of their constitutionally and
statutorily mandated functions. Nothing in this Act shall be construed as to have amended or repealed Republic Act No. 1405, otherwise
known as the Secrecy of Bank Deposits Act; Republic Act No. 6426, otherwise known as the Foreign Currency Deposit Act; and Republic
Act No. 9510, otherwise known as the Credit Information System Act (CISA);
f. Information necessary for banks and other financial institutions under the jurisdiction of the independent, central monetary authority or
Bangko Sentral ng Pilipinas to comply with Republic Act No. 9510, and Republic Act No. 9160, as amended, otherwise known as the
Anti-Money Laundering Act and other applicable laws; and
g. Personal information originally collected from residents of foreign jurisdictions in accordance with the laws of those foreign jurisdictions,
including any applicable data privacy laws, which is being processed in the Philippines.

PROTECTION AFFORDED TO JOURNALISTS AND THEIR SOURCES (Sec. 5)

 Nothing in this Act shall be construed as to have amended or repealed the provisions of Republic Act No. 53, which affords the publishers, editors
or duly accredited reporters of any newspaper, magazine or periodical of general circulation protection from being compelled to reveal the source of
any news report or information appearing in said publication which was related in any confidence to such publisher, editor, or reporter.
EXTRATERRITORIAL APPLICATION (Sec. 6)
 This Act applies to an act done or practice engaged in and outside of the Philippines by an entity if:
a. The act, practice or processing relates to personal information about a Philippine citizen or a resident;
b. The entity has a link with the Philippines, and the entity is processing personal information in the Philippines or even if the processing is
outside the Philippines as long as it is about Philippine citizens or residents such as, but not limited to, the following:
(1) A contract is entered in the Philippines;
(2) A juridical entity unincorporated in the Philippines but has central management and control in the country; and
(3) An entity that has a branch, agency, office or subsidiary in the Philippines and the parent or affiliate of the Philippine entity has access to
personal information; and
c. The entity has other links in the Philippines such as, but not limited to:
(1) The entity carries on business in the Philippines; and
(2) The personal information was collected or held by an entity in the Philippines.

CHAPTER II
THE NATIONAL PRIVACY COMMISSION

FUNCTIONS OF THE NATIONAL PRIVACY COMMISSION (Sec.7)

 To administer and implement the provisions of this Act, and to monitor and ensure compliance of the country with international standards set for
data protection, there is hereby created an independent body to be known as the National Privacy Commission, which shall have the following
functions:

1. Rule Making
The Commission shall develop, promulgate, review or amend rules and regulations for the effective implementation of the Act. This includes:
a. Recommending organizational, physical and technical security measures for personal data protection, encryption, and access to sensitive
personal information maintained by government agencies, considering the most appropriate standard recognized by the information and
communications technology industry, as may be necessary;
b. Specifying electronic format and technical standards, modalities and procedures for data portability, as may be necessary;
c. Issuing guidelines for organizational, physical, and technical security measures for personal data protection, taking into account the nature of
the personal data to be protected, the risks presented by the processing, the size of the organization and complexity of its operations, current
data privacy best practices, cost of security implementation, and the most appropriate standard recognized by the information and
communications technology industry, as may be necessary;
d. Consulting with relevant regulatory agencies in the formulation, review, amendment, and administration of privacy codes, applying the
standards set out in the Act, with respect to the persons, entities, business activities, and business sectors that said regulatory bodies are
authorized to principally regulate pursuant to law;
e. Proposing legislation, amendments or modifications to Philippine laws on privacy or data protection, as may be necessary;
f. Ensuring proper and effective coordination with data privacy regulators in other countries and private accountability agents;
g. Participating in international and regional initiatives for data privacy protection.

2. Advisory
The Commission shall be the advisory body on matters affecting protection of personal data. This includes:
a. Commenting on the implication on data privacy of proposed national or local statutes, regulations or procedures, issuing advisory opinions,
and interpreting the provisions of the Act and other data privacy laws;
b. Reviewing, approving, rejecting, or requiring modification of privacy codes voluntarily adhered to by personal information controllers, which
may include private dispute resolution mechanisms for complaints against any participating personal information controller, and which adhere
to the underlying data privacy principles embodied in the Act and these Rules;
c. Providing assistance on matters relating to privacy or data protection at the request of a national or local agency, a private entity or any
person, including the enforcement of rights of data subjects;
d. Assisting Philippine companies doing business abroad to respond to data protection laws and regulations.

3. Public Education
The Commission shall undertake necessary or appropriate efforts to inform and educate the public of data privacy, data protection, and fair
information rights and responsibilities. This includes:
a. Publishing, on a regular basis, a guide to all laws relating to data protection;
b. Publishing a compilation of agency system of records and notices, including index and other finding aids;
c. Coordinating with other government agencies and the private sector on efforts to formulate and implement plans and policies to strengthen the
protection of personal data in the country;

4. Compliance and Monitoring

The Commission shall perform compliance and monitoring functions to ensure effective implementation of the Act, these Rules, and other
issuances. This includes:
a. Ensuring compliance by personal information controllers with the provisions of the Act;
b. Monitoring the compliance of all government agencies or instrumentalities as regards their security and technical measures, and
recommending the necessary action in order to meet minimum standards for protection of personal data pursuant to the Act;
c. Negotiating and contracting with other data privacy authorities of other countries for cross-border application and implementation of respective
privacy laws;
d. Generally performing such acts as may be necessary to facilitate cross-border enforcement of data privacy protection;
e. Managing the registration of personal data processing systems in the country, including the personal data processing system of contractors
and their employees entering into contracts with government agencies that involves accessing or requiring sensitive personal information of at
least one thousand (1,000) individuals.

5. Complaints and Investigations

The Commission shall adjudicate on complaints and investigations on matters affecting personal data: Provided, that In resolving any complaint or
investigation, except where amicable settlement is reached by the parties, the Commission shall act as a collegial body. This includes:
a. Receiving complaints and instituting investigations regarding violations of the Act, these Rules, and other issuances of the Commission,
including violations of the rights of data subjects and other matters affecting personal data;
b. Summoning witnesses, and requiring the production of evidence by a subpoena duces tecum for the purpose of collecting the information
necessary to perform its functions under the Act: Provided, that the Commission may be given access to personal data that is subject of any
complaint;
c. Facilitating or enabling settlement of complaints through the use of alternative dispute resolution processes, and adjudicating on matters
affecting any personal data;
d. Preparing reports on the disposition of complaints and the resolution of any investigation it initiates, and, in cases it deems appropriate,
publicizing such reports;

6. Enforcement
The Commission shall perform all acts as may be necessary to effectively implement the Act, these Rules, and its other issuances, and to enforce
its Orders, Resolutions or Decisions, including the imposition of administrative sanctions, fines, or penalties. This includes:
a. Issuing compliance or enforcement orders;
b. Awarding indemnity on matters affecting any personal data, or rights of data subjects;
c. Issuing cease and desist orders, or imposing a temporary or permanent ban on the processing of personal data, upon finding that the
processing will be detrimental to national security or public interest, or if it is necessary to preserve and protect the rights of data subjects;
d. Recommending to the Department of Justice (DOJ) the prosecution of crimes and imposition of penalties specified in the Act;
e. Compelling or petitioning any entity, government agency, or instrumentality, to abide by its orders or take action on a matter affecting data
privacy;
f. Imposing administrative fines for violations of the Act, these Rules, and other issuances of the Commission.
7. Other functions
The Commission shall exercise such other functions as may be necessary to fulfill its mandate under the Act.

CONFIDENTIALITY (Sec. 8)
 The Commission shall ensure at all times the confidentiality of any personal information that comes to its knowledge and possession.

ORGANIZATIONAL STRUCTURE OF THE COMMISSION (Sec. 9)

 The commission shall be attached to the Department of Information and Communications Technology (DICT)
a. Privacy Commissioner
- The Head and shall also act as Chairman of the Commission.
- shall enjoy the benefits, privileges and emoluments equivalent to the rank of Secretary
Requirements:
o must be at least thirty-five (35) years of age
o good moral character, unquestionable integrity and known probity
o a recognized expert in the field of information technology and data privacy
b. Two (2) Deputy Privacy Commissioners:
o one to be responsible for Data Processing Systems
o one to be responsible for Policies and Planning.
- must be recognized experts in the field of information and communications technology and data privacy
- shall enjoy the benefits, privileges and emoluments equivalent to the rank of Undersecretary
 Both officials:
o are appointed by the President of the Philippines
o have term of three (3) years & may be reappointed for another term of three (3) years
 Vacancies in the Commission shall be filled in the same manner in which the original appointment was made.
 shall not be civilly liable for acts done in good faith in the performance of their duties
 shall be liable for willful or negligent acts done by him or her which are contrary to law, morals, public policy and good customs even if he or she
acted under orders or instructions of superiors: Provided, That in case a lawsuit is filed against such official on the subject of the performance of his
or her duties, where such performance is lawful, he or she shall be reimbursed by the Commission for reasonable costs of litigation.

THE SECRETARIAT (Sec. 10)

 The Commission is hereby authorized to establish a Secretariat.
 be headed by an Executive Director and shall be organized according to the following offices:
a. Data Security and Compliance Office;
b. Legal and Enforcement Office;
c. Finance and Administrative Office;
d. Privacy Policy Office;
e. Public Information and Assistance Office.
 Majority of the members of the Secretariat must have served for at least five (5) years in any agency of the government that is involved in the
processing of personal information including, but not limited to, the following offices:
- Social Security System (SSS), - Commission on Elections (COMELEC),
- Government Service Insurance System (GSIS), - Department of Foreign Affairs (DFA),
- Land Transportation Office (LTO), - Department of Justice (DOJ), and
- Bureau of Internal Revenue (BIR), - Philippine Postal Corporation (Philpost).
- Philippine Health Insurance Corporation (PhilHealth),

CHAPTER III
PROCESSING OF PERSONAL INFORMATION

GENERAL DATA PRIVACY PRINCIPLES (Sec. 11)

1. Collection must be for a declared, specified, and legitimate purpose.
a. Consent is required prior to the collection and processing of personal data, subject to exemptions provided by the Act and other applicable
laws and regulations. When consent is required, it must be time-bound in relation to the declared, specified and legitimate purpose. Consent
given may be withdrawn.
b. The data subject must be provided specific information regarding the purpose and extent of processing, including, where applicable, the
automated processing of his or her personal data for profiling, or processing for direct marketing, and data sharing.
c. Purpose should be determined and declared before, or as soon as reasonably practicable, after collection.
d. Only personal data that is necessary and compatible with declared, specified, and legitimate purpose shall be collected.

2. Personal data shall be processed fairly and lawfully.

a. Processing shall uphold the rights of the data subject, including the right to refuse, withdraw consent, or object. It shall likewise be transparent,
and allow the data subject sufficient information to know the nature and extent of processing.
b. Information provided to a data subject must always be in clear and plain language to ensure that they are easy to understand and access.
c. Processing must be in a manner compatible with declared, specified, and legitimate purpose.
d. Processed personal data should be adequate, relevant, and limited to what is necessary in relation to the purposes for which they are
processed.
e. Processing shall be undertaken in a manner that ensures appropriate privacy and security safeguards.

3. Processing should ensure data quality.

a. Personal data should be accurate and where necessary for declared, specified and legitimate purpose, kept up to date.
b. Inaccurate or incomplete data must be rectified, supplemented, destroyed or their further processing restricted.

4. Personal Data shall not be retained longer than necessary.

a. Retention of personal data shall only for as long as necessary:
i. for the fulfillment of the declared, specified, and legitimate purpose, or when the processing relevant to the purpose has been
terminated;
ii. for the establishment, exercise or defense of legal claims; or
iii. for legitimate business purposes, which must be consistent with standards followed by the applicable industry or approved by
appropriate government agency.
b. Retention of personal data shall be allowed in cases provided by law.
c. Personal data shall be disposed or discarded in a secure manner that would prevent further processing, unauthorized access, or disclosure
to any other party or the public, or prejudice the interests of the data subjects.

5. Any authorized further processing shall have adequate safeguards.

a. Personal data originally collected for a declared, specified, or legitimate purpose may be processed further for historical, statistical, or scientific
purposes, and, in cases laid down in law, may be stored for longer periods, subject to implementation of the appropriate organizational,
physical, and technical security measures required by the Act in order to safeguard the rights and freedoms of the data subject.
b. Personal data which is aggregated or kept in a form which does not permit identification of data subjects may be kept longer than necessary
for the declared, specified, and legitimate purpose.
c. Personal data shall not be retained in perpetuity in contemplation of a possible future use yet to be determined.
CRITERIA FOR LAWFUL PROCESSING OF PERSONAL INFORMATION (Sec. 12)
 The processing of personal information shall be permitted only if not otherwise prohibited by law, and when at least one of the following conditions
exists:
a. data subject has given his or her consent;
b. necessary and is related to the fulfillment of a contract with the data subject or in order to take steps at the request of the data subject prior to
entering into a contract;
c. necessary for compliance with a legal obligation to which the personal information controller is subject;
d. necessary to protect vitally important interests of the data subject, including life and health;
e. necessary in order to respond to national emergency, to comply with the requirements of public order and safety, or to fulfill functions of public
authority; or
f. necessary for the purposes of the legitimate interests pursued by the personal information controller or by a third party or parties to whom the
data is disclosed, except where such interests are overridden by fundamental rights and freedoms of the data subject which require protection
under the Philippine Constitution.

CRITERIA FOR LAWFUL PROCESSING OF SENSITIVE PERSONAL INFORMATION AND PRIVILEGED INFORMATION (Sec. 13)
 The processing of sensitive personal information and privileged information shall be prohibited, except in the following cases:
a. data subject has given his or her consent, specific to the purpose prior to the processing, or in the case of privileged information, all parties to
the exchange have given their consent prior to processing;
b. processing of the same is provided for by existing laws and regulations: Provided that:
i. such regulatory enactments guarantee the protection of the sensitive personal information and the privileged information;
ii. the consent of the data subjects are not required by law or regulation permitting the processing of the sensitive personal information
or the privileged information;
c. The processing is necessary to protect the life and health of the data subject or another person, and the data subject is not legally or
physically able to express his or her consent prior to the processing;
d. The processing is necessary to achieve the lawful and noncommercial objectives of public organizations and their associations: Provided that:
i. processing is only confined and related to the bona fide members of these organizations or their associations;
ii. the sensitive personal information are not transferred to third parties;
iii. consent of the data subject was obtained prior to processing;
e. The processing is necessary for purposes of medical treatment, is carried out by a medical practitioner or a medical treatment institution, and
an adequate level of protection of personal information is ensured; or
f. The processing concerns such personal information as is necessary for the protection of lawful rights and interests of natural or legal persons
in court proceedings, or the establishment, exercise or defense of legal claims, or when provided to government or public authority.

SUBCONTRACT OF PERSONAL INFORMATION (Sec. 14)

 A personal information controller may subcontract the processing of personal information: Provided, That the personal information controller shall
be responsible for ensuring that proper safeguards are in place to ensure the confidentiality of the personal information processed, prevent its use
for unauthorized purposes, and generally, comply with the requirements of this Act and other laws for processing of personal information. The
personal information processor shall comply with all the requirements of this Act and other applicable laws.
* Subcontract – a contract between a party to an original contract and a third party that assigns part of the performance of the original contract to
the third party

EXTENSION OF PRIVILEGED COMMUNICATION (Sec. 15)

 Personal information controllers may invoke the principle of privileged communication over privileged information that they lawfully control or
process. Subject to existing laws and regulations, any evidence gathered on privileged information is inadmissible.

CHAPTER IV
RIGHTS OF THE DATA SUBJECT

RIGHTS OF THE DATA SUBJECT (Sec. 16)

The data subject is entitled to:

1. Right to be informed.
a. The data subject has a right to be informed whether personal data pertaining to him or her shall be, are being, or have been processed,
including the existence of automated decision-making and profiling.
b. The data subject shall be notified and furnished with information indicated hereunder before the entry of his or her personal data into the
processing system of the personal information controller, or at the next practical opportunity:
- Description of the personal data to be entered into the system;
- Purposes for which they are being or will be processed, including processing for direct marketing, profiling or historical, statistical or
scientific purpose;
- Basis of processing, when processing is not based on the consent of the data subject;
- Scope and method of the personal data processing;
- The recipients or classes of recipients to whom the personal data are or may be disclosed;
- Methods utilized for automated access, if the same is allowed by the data subject, and the extent to which such access is authorized,
including meaningful information about the logic involved, as well as the significance and the envisaged consequences of such
processing for the data subject;
- The identity and contact details of the personal data controller or its representative;
- The period for which the information will be stored; and
- The existence of their rights as data subjects, including the right to access, correction, and object to the processing, as well as the right to
lodge a complaint before the Commission.

2. Right to object
The data subject shall have the right to object to the processing of his or her personal data, including processing for direct marketing, automated
processing or profiling. The data subject shall also be notified and given an opportunity to withhold consent to the processing in case of changes or
any amendment to the information supplied or declared to the data subject in the preceding paragraph.
When a data subject objects or withholds consent, the personal information controller shall no longer process the personal data, unless:
i. The personal data is needed pursuant to a subpoena;
ii. The collection and processing are for obvious purposes, including, when it is necessary for the performance of or in relation to a contract
or service to which the data subject is a party, or when necessary or desirable in the context of an employer-employee relationship
between the collector and the data subject; or
iii. The information is being collected and processed as a result of a legal obligation.
3. Right to Access
The data subject has the right to reasonable access to, upon demand, the following:
a. Contents of his or her personal data that were processed;
b. Sources from which personal data were obtained;
c. Names and addresses of recipients of the personal data;
d. Manner by which such data were processed;
e. Reasons for the disclosure of the personal data to recipients, if any;
f. Information on automated processes where the data will, or is likely to, be made as the sole basis for any decision that significantly affects or
will affect the data subject;
g. Date when his or her personal data concerning the data subject were last accessed and modified; and
h. The designation, name or identity, and address of the personal information controller.
4. Right to rectification
The data subject has the right to dispute the inaccuracy or error in the personal data and have the personal information controller correct it
immediately and accordingly, unless the request is vexatious or otherwise unreasonable. If the personal data has been corrected, the personal
information controller shall ensure the accessibility of both the new and the retracted information and the simultaneous receipt of the new and the
retracted information by the intended recipients thereof: Provided, That recipients or third parties who have previously received such processed
personal data shall be informed of its inaccuracy and its rectification, upon reasonable request of the data subject.

5. Right to Erasure or Blocking

The data subject shall have the right to suspend, withdraw or order the blocking, removal or destruction of his or her personal data from the
personal information controller’s filing system.
This right may be exercised upon discovery and substantial proof of any of the following:
(a) The personal data is incomplete, outdated, false, or unlawfully obtained;
(b) The personal data is being used for purpose not authorized by the data subject;
(c) The personal data is no longer necessary for the purposes for which they were collected;
(d) The data subject withdraws consent or objects to the processing, and there is no other legal ground or overriding legitimate interest for the
processing;
(e) The personal data concerns private information that is prejudicial to data subject, unless justified by freedom of speech, of expression, or of
the press or otherwise authorized;
(f) The processing is unlawful;
(g) The personal information controller or personal information processor violated the rights of the data subject
The personal information controller may notify third parties who have previously received such processed personal information.

6. Right to damages
The data subject shall be indemnified for any damages sustained due to such inaccurate, incomplete, outdated, false, unlawfully obtained or
unauthorized use of personal data, taking into account any violation of his or her rights and freedoms as data subject.

TRANSMISSIBILITY OF RIGHTS OF THE DATA SUBJECT (Sec. 17)

 The lawful heirs and assigns of the data subject may invoke the rights of the data subject for, which he or she is an heir or assignee at any time
after the death of the data subject or when the data subject is incapacitated or incapable of exercising the rights as enumerated in the immediately
preceding section.

RIGHT TO DATA PORTABILITY (Sec. 18)

 The data subject shall have the right, where personal information is processed by electronic means and in a structured and commonly used format,
to obtain from the personal information controller a copy of data undergoing processing in an electronic or structured format, which is commonly
used and allows for further use by the data subject. The Commission may specify the electronic format referred to above, as well as the technical
standards, modalities and procedures for their transfer.

NON-APPLICABILITY (SEC. 19)

 The immediately preceding sections are not applicable if the processed personal information are used only for the needs of scientific and statistical
research and, on the basis of such, no activities are carried out and no decisions are taken regarding the data subject: Provided, That the personal
information shall be held under strict confidentiality and shall be used only for the declared purpose. Likewise, the immediately preceding sections
are not applicable to processing of personal information gathered for the purpose of investigations in relation to any criminal, administrative or tax
liabilities of a data subject.

CHAPTER V
SECURITY OF PERSONAL INFORMATION

SECURITY OF PERSONAL INFORMATION (Sec. 20)

a. The personal information controller must implement reasonable and appropriate organizational, physical and technical measures intended for the
protection of personal information against any accidental or unlawful destruction, alteration and disclosure, as well as against any other unlawful
processing.
b. The personal information controller shall implement reasonable and appropriate measures to protect personal information against natural dangers
such as accidental loss or destruction, and human dangers such as unlawful access, fraudulent misuse, unlawful destruction, alteration and
contamination.
c. The determination of the appropriate level of security under this section must take into account the nature of the personal information to be
protected, the risks represented by the processing, the size of the organization and complexity of its operations, current data privacy best practices
and the cost of security implementation. Subject to guidelines as the Commission may issue from time to time, the measures implemented must
include:
i. Safeguards to protect its computer network against accidental, unlawful or unauthorized usage or interference with or hindering of their
functioning or availability;
ii. A security policy with respect to the processing of personal information;
iii. A process for identifying and accessing reasonably foreseeable vulnerabilities in its computer networks, and for taking preventive, corrective
and mitigating action against security incidents that can lead to a security breach; and
iv. Regular monitoring for security breaches and a process for taking preventive, corrective and mitigating action against security incidents that
can lead to a security breach.
d. The personal information controller must further ensure that third parties processing personal information on its behalf shall implement the security
measures required by this provision.
e. The employees, agents or representatives of a personal information controller who are involved in the processing of personal information shall
operate and hold personal information under strict confidentiality if the personal information are not intended for public disclosure. This obligation
shall continue even after leaving the public service, transfer to another position or upon termination of employment or contractual relations.
f. The personal information controller shall promptly notify the Commission and affected data subjects when sensitive personal information are
reasonably believed to have been acquired by an unauthorized person, and the personal information controller or the Commission believes that
such unauthorized acquisition is likely to give rise to a real risk of serious harm to any affected data subject.
The notification shall at least describe the nature of the breach, the sensitive personal information possibly involved, and the measures taken by the
entity to address the breach. Notification may be delayed only to the extent necessary to determine the scope of the breach, to prevent further
disclosures, or to restore reasonable integrity to the information and communications system.
i. In evaluating if notification is unwarranted, the Commission may take into account compliance by the personal information controller with this
section and existence of good faith in the acquisition of personal information.
ii. The Commission may exempt a personal information controller from notification where, in its reasonable judgment, such notification would not
be in the public interest or in the interests of the affected data subjects.
iii. The Commission may authorize postponement of notification where it may hinder the progress of a criminal investigation related to a serious
breach.

CHAPTER VI
ACCOUNTABILITY FOR TRANSFER OF PERSONAL INFORMATION

PRINCIPLE OF ACCOUNTABILITY (Sec. 21)

 Each personal information controller is responsible for personal information under its control or custody, including information that have been
transferred to a third party for processing, whether domestically or internationally, subject to cross-border arrangement and cooperation.
(a) The personal information controller is accountable for complying with the requirements of this Act and shall use contractual or other
reasonable means to provide a comparable level of protection while the information are being processed by a third party.
 (b) The personal information controller shall designate an individual or individuals who are accountable for the organization’s compliance with this
Act. The identity of the individual(s) so designated shall be made known to any data subject upon request.

CHAPTER VII
SECURITY OF SENSITIVE PERSONAL INFORMATION IN GOVERNMENT

RESPONSIBILITIES (Sec. 22)

 Government: secure all sensitive personal information maintained, as far as practicable,
 The Head of each government agency: responsible for complying with the security requirements mentioned herein
 The Commission: monitor the compliance and may recommend the necessary action in order to satisfy the minimum standards.

REQUIREMENTS RELATING TO ACCESS BY AGENCY PERSONNEL TO SENSITIVE PERSONAL INFORMATION (SEC. 23)
a. On-site and Online Access
– Except as may be allowed through guidelines to be issued by the Commission, no employee of the government shall have access to sensitive
personal information on government property or through online facilities unless the employee has received a security clearance from the head of
the source agency.
b. Off-site Access
– Unless otherwise provided in guidelines to be issued by the Commission, sensitive personal information maintained by an agency may not be
transported or accessed from a location off government property unless a request for such transportation or access is submitted and approved
by the head of the agency in accordance with the following guidelines:
(1) Deadline for Approval or Disapproval
– In the case of any request submitted to the head of an agency, such head of the agency shall approve or disapprove the request within
two (2) business days after the date of submission of the request. In case there is no action by the head of the agency, then such request is
considered disapproved;
(2) Limitation to One thousand (1,000) Records
– If a request is approved, the head of the agency shall limit the access to not more than one thousand (1,000) records at a time; and
(3) Encryption
– Any technology used to store, transport or access sensitive personal information for purposes of off-site access approved under this
subsection shall be secured by the use of the most secure encryption standard recognized by the Commission.
The requirements of this subsection shall be implemented not later than six (6) months after the date of the enactment of this Act.

APPLICABILITY TO GOVERNMENT CONTRACTORS (Sec. 24)

 In entering into any contract that may involve accessing or requiring sensitive personal information from one thousand (1,000) or more individuals,
an agency shall require a contractor and its employees to register their personal information processing system with the Commission in accordance
with this Act and to comply with the other provisions of this Act including the immediately preceding section, in the same manner as agencies and
government employees comply with such requirements.

CHAPTER VIII
PENALTIES

UNAUTHORIZED PROCESSING OF PERSONAL INFORMATION AND SENSITIVE PERSONAL INFORMATION (Sec. 25)
Personal Information Sensitive Personal Information
- Imprisonment of 1 to 3 years - Imprisonment of 3 to 6 years
- Fine of P 500,000 ≤ x ≤ P 2,000,000 - Fine of P 500,000 ≤ x ≤ P 4,000,000

ACCESSING PERSONAL INFORMATION AND SENSITIVE PERSONAL INFORMATION DUE TO NEGLIGENCE (Sec. 26)
Personal Information Sensitive Personal Information
- Imprisonment of 1 to 3 years - Imprisonment of 3 to 6 years
- Fine of P 500,000 ≤ x ≤ P 2,000,000 - Fine of P 500,000 ≤ x ≤ P 4,000,000
( on persons who provided unauthorized access due to negligence)

IMPROPER DISPOSAL OF PERSONAL INFORMATION AND SENSITIVE PERSONAL INFORMATION (Sec. 27)
Personal Information Sensitive Personal Information
- Imprisonment of 6 months to 2 years - Imprisonment of 1 to 3 years
- Fine of P 100,000 ≤ x ≤ P 500,000 - Fine of P 100,000 ≤ x ≤ P 1,000,000

(on persons who knowingly or negligently dispose, discard or abandon the personal information of an individual in an area accessible to the public or has
otherwise placed the personal information of an individual in its container for trash collection)

PROCESSING OF PERSONAL INFORMATION AND SENSITIVE PERSONAL INFORMATION FOR UNAUTHORIZED PURPOSES (Sec. 28)
Personal Information Sensitive Personal Information
- Imprisonment of 1 1/2 to 5 years - Imprisonment of 2 to 7 years
- Fine of P 500,000 ≤ x ≤ P 1,000,000 - Fine of P 500,000 ≤ x ≤ P 2,000,000

UNAUTHORIZED ACCESS OR INTENTIONAL BREACH (Sec. 29)

Whether Personal Information or Sensitive Personal Information
- Imprisonment of 1 to 3 years
- Fine of P 500,000 ≤ x ≤ P 2,000,000
(on persons who knowingly and unlawfully, or violating data confidentiality and security data systems, breaks in any way into any system where personal
and sensitive personal information is stored)

CONCEALMENT OF SECURITY BREACHES INVOLVING SENSITIVE PERSONAL INFORMATION (Sec. 30)

- Imprisonment of 1 1/2 to 5 years
- Fine of P 500,000 ≤ x ≤ P 1,000,000
(on persons who, after having knowledge of a security breach and of the obligation to notify the Commission pursuant to Section 20(f), intentionally or by
omission conceals the fact of such security breach)

MALICIOUS DISCLOSURE (Sec. 31)

- Imprisonment of 1 1/2 to 5 years
- Fine of P 500,000 ≤ x ≤ P 1,000,000
(any personal information controller or personal information processor or any of its officials, employees or agents, who, with malice or in bad faith,
discloses unwarranted or false information relative to any personal information or personal sensitive information obtained by him or her)

UNAUTHORIZED DISCLOSURE (Sec. 32)

Personal Information Sensitive Personal Information
- Imprisonment of 1 to 3 years - Imprisonment of 3 to 5 years
- Fine of P 500,000 ≤ x ≤ P 1,000,000 - Fine of P 500,000 ≤ x ≤ P 2,000,000
(personal information controller or personal information processor or any of its officials, employees or agents, who discloses to a third party personal and
personal sensitive information not covered by the immediately preceding section without the consent of the data subject)
COMBINATION OR SERIES OF ACTS (Sec. 33)
- Imprisonment of 3 to 6 years
- Fine of P 1,000,000 ≤ x ≤ P 5,000,000
(any combination or series of acts as defined in Sections 25 to 32)

EXTENT OF LIABILITY (Sec. 34)

Offender Extent of Liability
corporation, partnership or any juridical Penalty shall be imposed upon the responsible officers, as the case may be, who participated in, or
person by their gross negligence, allowed the commission of the crime
Juridical Person Court may suspend or revoke any of its rights under this Act
Alien -Penalties herein prescribed shall be imposed
-Deportation without further proceedings after serving the penalties prescribed
Public official or employee and lie or is -Penalties herein prescribed shall be imposed
found guilty of acts penalized under -Perpetual or temporary absolute disqualification from office, as the case may be
Sections 27 and 28 of this Act
LARGE-SCALE (Sec. 35)
If personal information of at least one hundred (100) persons is harmed, affected or involved as the result of the above mentioned actions
→ maximum penalty in the scale of penalties

OFFENSE COMMITTED BY PUBLIC OFFICER (Sec. 36)

- Offense in the exercise of his or her duties

→ application of an accessory penalty consisting in the disqualification to occupy public office for a term double the term of criminal penalty
imposed

RESTITUTION (Sec. 37)

- Shall be governed by the provisions of the New Civil Code.

CHAPTER IX
MISCELLANEOUS PROVISIONS

INTERPRETATION (Sec. 38)

Any doubt in the interpretation of any provision of this Act shall be liberally interpreted in a manner mindful of the rights and interests of the individual
about whom personal information is processed.

IMPLEMENTING RULES AND REGULATIONS (IRR) (Sec. 39)

Within ninety (90) days from the effectivity of this Act, the Commission shall promulgate the rules and regulations to effectively implement the provisions
of this Act.

REPORTS AND INFORMATION (Sec. 40)

The Commission shall
- Annually report to the President and Congress on its activities in carrying out the provisions of this Act
-Undertake whatever efforts it may determine to be necessary or appropriate to inform and educate the public of data privacy, data protection and fair
information rights and responsibilities

APPROPRIATIONS CLAUSE (Sec. 41)

-Initial appropriation of Php20,000,000.00 to be drawn from the national government
-Appropriations for the succeeding years shall be included in the General Appropriations Act
-Receipt of Php10,000,000.00 per year for five (5) years upon implementation of this Act drawn from the national government.

TRANSITORY PROVISION (Sec. 42)

- Existing industries, businesses and offices affected by the implementation of this Act shall be given 1 year transitory period from the effectivity of the
IRR or such other period as may be determined by the Commission, to comply with the requirements of this Act
-In case that the DICT has not yet been created by the time the law takes full force and effect, the National Privacy Commission shall be attached to the
Office of the President.

SEPARABILITY CLAUSE (Sec. 43)

-If any provision or part hereof is held invalid or unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and
subsisting.

REPEALING CLAUSE (Sec. 44)

The provision of Section 7 of Republic Act No. 9372, otherwise known as the “Human Security Act of 2007”, is hereby amended. Except as otherwise
expressly provided in this Act, all other laws, decrees, executive orders, proclamations and administrative regulations or parts thereof inconsistent
herewith are hereby repealed or modified accordingly.

EFFECTIVITY CLAUSE (Sec. 45)

-15 days after its publication in at least two (2) national newspapers of general circulation