UCC-Graduate Studies_2021/MFV

UNIVERSITY OF CALOOCAN CITY

Graduate School

Discussant: Perez, Ellaine Joy M.

Reporter No.: 22
Course: MAED 221A
Subject: Education and the Law
Course Code: MAED 309
Date: December 11, 2021
Professor: Michael F. Villalon, Ph.D.

REPUBLIC ACT NO. 10173

Data Privacy Act Of 2012
REPUBLIC ACT NO. 8293
Intellectual Property Code of the Philippines

I. OBJECTIVES:
1. Enumerate the provision and functions of Data Privacy Act of 2012 and the
Intellectual Property Code of the Philippines,
2. Analyze the contents of the chapters and sections of Data Privacy Act of
2012 and the Intellectual Property Code of the Philippines, and;
3. Explain the importance of Data Privacy Act of 2012 and the Intellectual
Property Code of the Philippines,

II. INTRODUCTION:
To safeguard the basic human rights to privacy and communication while
enabling the freedom to disseminate information which only for the purpose or a
necessary aim for innovation and progress, the State ensured to create an act that
personal data and communication system in the country shall be secured and
protected with an objective to recognize that technology today is essential and vital.
Personal information must be lawfully and fairly processed after it was collected
where it is necessary for as long as for the fulfillment of the purpose and that the data
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obtained is confidential. To monitor and assure compliance of the country with

international data protection standards an independent agency, to be known as the
National Privacy Commission, is established to manage and execute the provisions
of this Act and should be able to be responsible to its function.
On the other hand, to improve the enforcement of intellectual property rights in
the Philippines by streamlining administrative procedures for registering patents,
trademarks, and copyright, liberalizing registration on technology transfer, and
streamlining administrative procedures for registering patents, trademarks, and
copyright was established by the State. It is with an aim to protect and secure the
exclusive rights of scientists, inventors, artists and other gifted citizens to their
intellectual property and creations.

III. LEARNING CONTENT:

REPUBLIC ACT NO. 10173

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

Section 1. This Act shall be known as the "Data Privacy Act of 2012″.

Section 2. Declaration of Policy

It is the policy of the State to protect the fundamental human right of privacy,
of communication while ensuring free flow of information to promote innovation and
growth. The State recognizes the vital role of information and communications
technology in nation-building and its inherent obligation to ensure that personal
information in information and communications systems in the government and in the
private sector are secured and protected.
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Section 3. Definition of Terms

Whenever used in this Act, the following terms shall have the respective
meanings hereafter set forth:

(a) Commission – shall refer to the National Privacy Commission created by

virtue of this Act.
(b) Consent of the data – subject refers to 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.
(c) Data subject – refers to an individual whose personal information is
processed.
(d) Direct marketing – refers to communication by whatever means of any
advertising or marketing material which is directed to particular individuals.
(e) Filing system – refers to 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.
(f) Information and Communications System – refers to 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.
(g) Personal information – refers to 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
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when put together with other information would directly and certainly identify
an individual.
(h) Personal information controller – refers to 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:

(1) A person or organization who performs such functions as instructed by another
person or organization; and
(2) An individual who collects, holds, processes, or uses personal information in
connection with the individual’s personal, family or household affairs.

(i) Personal information processor – refers to 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.
(j) Processing – refers to 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.
(k) Privileged information – refers to any and all forms of data which under the
Rides of Court and other pertinent laws constitute privileged communication.

(l) Sensitive personal information – refers to 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.
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(3) Issued by government agencies peculiar to an individual which includes, but not
limited to, social security numbers, previous or cm-rent 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.

Section 4. Scope
This Act applies to the processing of all types of personal information and to
any natural and juridical person involved in personal information processing including
those personal information controllers and processors who, although not found or
established in the Philippines, use equipment that are located in the Philippines, or
those who maintain an office, branch or agency in the Philippines subject to the
immediately succeeding paragraph: Provided, That the requirements of Section 5 are
complied with.

This Act does not 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.
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(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
(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.

Section 5. Protection Afforded to Journalists and Their Sources.

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.
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Section 6. Extraterritorial Application.

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

(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

Section 7. Functions of the National Privacy Commission

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, winch shall have the following functions:

(a) Ensure compliance of personal information controllers with the provisions of

this Act.
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(b) Receive complaints, institute investigations, facilitate or enable settlement of

complaints through the use of alternative dispute resolution processes,
adjudicate, award indemnity on matters affecting any personal information,
prepare reports on disposition of complaints and resolution of any
investigation it initiates, and, in cases it deems appropriate, publicize any such
report: 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. For this purpose, the Commission may be given
access to personal information that is subject of any complaint and to collect
the information necessary to perform its functions under this Act.
(c) Issue cease and desist orders, impose a temporary or permanent ban on the
processing of personal information, upon finding that the processing will be
detrimental to national security and public interest.
(d) Compel or petition any entity, government agency or instrumentality to abide
by its orders or act on a matter affecting data privacy.
(e) Monitor the compliance of other government agencies or instrumentalities on
their security and technical measures and recommend the necessary action in
order to meet minimum standards for protection of personal information
pursuant to this Act.
(f) Coordinate with other government agencies and the private sector on efforts
to formulate and implement plans and policies to strengthen the protection of
personal information in the country.
(g) Publish on a regular basis a guide to all laws relating to data protection.
(h) Publish a compilation of agency system of records and notices, including
index and other finding aids.
(i) Recommend to the Department of Justice (DOJ) the prosecution and
imposition of penalties specified in Sections 25 to 29 of this Act.
(j) Review, approve, reject, or require modification of privacy codes voluntarily
adhered to by personal information controllers: Provided, That the privacy
codes shall adhere to the underlying data privacy principles embodied in this
Act: Provided, further, that such privacy codes may include private dispute
resolution mechanisms for complaints against any participating personal
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information controller. For this purpose, the Commission shall consult with
relevant regulatory agencies in the formulation and administration of privacy
codes applying the standards set out in this Act, with respect to the persons,
entities, business activities and business sectors that said regulatory bodies
are authorized to principally regulate pursuant to the law: Provided, finally.
That the Commission may review such privacy codes and require changes
thereto for purposes of complying with this Act.
(k) Provide assistance on matters relating to privacy or data protection at the
request of a national or local agency, a private entity, or any person.
(l) Comment on the implication on data privacy of proposed national or local
statutes, regulations or procedures, issue advisory opinions and interpret the
provisions of this Act and other data privacy laws.
(m)Propose legislation, amendments, or modifications to Philippine laws on
privacy or data protection as may be necessary.
(n) Ensure proper and effective coordination with data privacy regulators in other
countries and private accountability agents, participate in international and
regional initiatives for data privacy protection.
(o) Negotiate and contract with other data privacy authorities of other countries
for cross-border application and implementation of respective privacy laws.
(p) Assist Philippine companies doing business abroad to respond to foreign
privacy or data protection laws and regulations; and
(q) Generally, perform such acts as may be necessary to facilitate cross-border
enforcement of data privacy protection.

Section 8. Confidentiality.
The Commission shall ensure at all times the confidentiality of any personal
information that comes to its knowledge and possession.

Section 9. Organizational Structure of the Commission

The Commission shall be attached to the Department of Information and
Communications Technology (DICT) and shall be headed by a Privacy
Commissioner, who shall also act as Chairman of the Commission. The Privacy
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Commissioner shall be assisted by two (2) Deputy Privacy Commissioners, one to be

responsible for Data Processing Systems and one to be responsible for Policies and
Planning. The Privacy Commissioner and the two (2) Deputy Privacy Commissioners
shall be appointed by the President of the Philippines for a term of three (3) years
and 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.

The Privacy Commissioner must be at least thirty-five (35) years of age and of
good moral character, unquestionable integrity and known probity, and a recognized
expert in the field of information technology and data privacy. The Privacy
Commissioner shall enjoy the benefits, privileges, and emoluments equivalent to the
rank of Secretary.

The Deputy Privacy Commissioners must be recognized experts in the field of

information and communications technology and data privacy. They shall enjoy the
benefits, privileges, and emoluments equivalent to the rank of Undersecretary.

The Privacy Commissioner, the Deputy Commissioners, or any person acting

on their behalf or under their direction, shall not be civilly liable for acts done in good
faith in the performance of their duties. However, he or she 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.

Section 10. The Secretariat

The Commission is hereby authorized to establish a Secretariat. 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),
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Government Service Insurance System (GSIS), Land Transportation Office (LTO),

Bureau of Internal Revenue (BIR), Philippine Health Insurance Corporation
(PhilHealth), Commission on Elections (COMELEC), Department of Foreign Affairs
(DFA), Department of Justice (DOJ), and Philippine Postal Corporation (Philpost).

CHAPTER III
PROCESSING OF PERSONAL INFORMATION

Section 11. General Data Privacy Principles

The processing of personal information shall be allowed, subject to
compliance with the requirements of this Act and other laws allowing disclosure of
information to the public and adherence to the principles of transparency, legitimate
purpose and proportionality.

Personal information must, be:

(a) Collected for specified and legitimate purposes determined and declared
before, or as soon as reasonably practicable after collection, and later
processed in a way compatible with such declared, specified, and legitimate
purposes only.
(b) Processed fairly and lawfully.
(c) Accurate, relevant and, where necessary for purposes for which it is to be
used the processing of personal information, kept up to date; inaccurate or
incomplete data must be rectified, supplemented, destroyed or their further
processing restricted.
(d) Adequate and not excessive in relation to the purposes for which they are
collected and processed.
(e) Retained only for as long as necessary for the fulfillment of the purposes for
which the data was obtained or for the establishment, exercise, or defense of
legal claims, or for legitimate business purposes, or as provided by law; and
(f) Kept in a form which permits identification of data subjects for no longer than
is necessary for the purposes for which the data were collected and
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processed: Provided, that personal information collected for other purposes

may lie processed for historical, statistical, or scientific purposes, and in cases
laid down in law may be stored for longer periods: Provided, further, that
adequate safeguards are guaranteed by said laws authorizing their
processing.

The personal information controller must ensure implementation of

personal information processing principles set out herein.

Section 12. Criteria for Lawful Processing of Personal Information

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) The data subject has given his or her consent.

(b) The processing of personal information is 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) The processing is necessary for compliance with a legal obligation to which
the personal information controller is subject.
(d) The processing is necessary to protect vitally important interests of the data
subject, including life and health.
(e) The processing is 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 which necessarily includes the processing of personal data for
the fulfillment of its mandate; or
(f) The processing is 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.

Section 13. Sensitive Personal Information and Privileged Information

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The processing of sensitive personal information and privileged information

shall be prohibited, except in the following cases:

(a) The 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) The processing of the same is provided for by existing laws and regulations:
Provided, that such regulatory enactments guarantee the protection of the
sensitive personal information and the privileged information: Provided,
further, That 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 such
processing is only confined and related to the bona fide members of these
organizations or their associations: Provided, further, That the sensitive
personal information are not transferred to third parties: Provided, finally, That
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.

Section 14. Subcontract of Personal Information

A personal information controller may subcontract the processing of personal
information: Provided, That the personal information controller shall be responsible
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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.

Section 15. Extension of Privileged Communication

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

Section 16. Rights of the Data Subject.

(a) Be informed whether personal information pertaining to him or her shall be,
are being or have been processed.

(b) Be furnished the information indicated hereunder before the entry of his or her
personal information into the processing system of the personal information
controller, or at the next practical opportunity:
(1) Description of the personal information to be entered into the system.
(2) Purposes for which they are being or are to be processed.
(3) Scope and method of the personal information processing.
(4) The recipients or classes of recipients to whom they are or may be disclosed.
(5) Methods utilized for automated access, if the same is allowed by the data subject,
and the extent to which such access is authorized.
(6) The identity and contact details of the personal information controller or its
representative.
(7) The period for which the information will be stored; and
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(8) The existence of their rights, i.e., to access, correction, as well as the right to
lodge a complaint before the Commission.

Any information supplied or declaration made to the data subject on these

matters shall not be amended without prior notification of data subject: Provided,
That the notification under subsection (b) shall not apply should the personal
information be needed pursuant to a subpoena or when 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 or when necessary or desirable in the context of an
employer-employee relationship, between the collector and the data subject, or when
the information is being collected and processed as a result of legal obligation;

(c) Reasonable access to, upon demand, the following:

(1) Contents of his or her personal information that were processed.
(2) Sources from which personal information were obtained.
(3) Names and addresses of recipients of the personal information.
(4) Manner by which such data were processed.
(5) Reasons for the disclosure of the personal information to recipients.
(6) Information on automated processes where the data will or likely to be made as
the sole basis for any decision significantly affecting or will affect the data subject.
(7) Date when his or her personal information concerning the data subject were last
accessed and modified; and
(8) The designation, or name or identity and address of the personal information
controller.

(d) Dispute the inaccuracy or error in the personal information and have the
personal information controller correct it immediately and accordingly unless
the request is vexatious or otherwise unreasonable. If the personal information
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 recipients
thereof: Provided, That the third parties who have previously received such
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processed personal information shall he informed of its inaccuracy and its

rectification upon reasonable request of the data subject.
(e) Suspend, withdraw or order the blocking, removal or destruction of his or her
personal information from the personal information controller’s filing system
upon discovery and substantial proof that the personal information are
incomplete, outdated, false, unlawfully obtained, used for unauthorized
purposes or are no longer necessary for the purposes for which they were
collected. In this case, the personal information controller may notify third
parties who have previously received such processed personal information;
and
(f) Be indemnified for any damages sustained due to such inaccurate,
incomplete, outdated, false, unlawfully obtained, or unauthorized use of
personal information.

Section 17. Transmissibility of Rights of the Data Subject

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.

Section 18. Right to Data Portability

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.

Section 19. Non-Applicability

The immediately preceding sections are not applicable if the processed
personal information is used only for the needs of scientific and statistical research
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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

Section 20. Security of Personal Information.

(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:
(1) Safeguards to protect its computer network against accidental, unlawful, or
unauthorized usage or interference with or hindering of their functioning or
availability.
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(2) A security policy with respect to the processing of personal information.

(3) 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
(4) 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
is 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 or other
information that may, under the circumstances, be used to enable identity
fraud are reasonably believed to have been acquired by an unauthorized
person, and the personal information controller or the Commission believes
(bat 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.
(1) 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.
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(2) The Commission may exempt a personal information controller from notification
were, in its reasonable judgment, such notification would not be in the public
interest or in the interests of the affected data subjects.
(3) 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

Section 21. Principle of Accountability

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

Section 22. Responsibility of Heads of Agencies

All sensitive personal information maintained by the government, its agencies
and instrumentalities shall be secured, as far as practicable, with the use of the most
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appropriate standard recognized by the information and communications technology

industry, and as recommended by the Commission. The head of each government
agency or instrumentality shall be responsible for complying with the security
requirements mentioned herein while the Commission shall monitor the compliance
and may recommend the necessary action in order to satisfy the minimum standards.

Section 23. Requirements Relating to Access by Agency Personnel to Sensitive

Personal Information

(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.
(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.
 UCC-Graduate Studies_2021/MFV

The requirements of this subsection shall be implemented not later than six (6)
months after the date of the enactment of this Act.

Section 24. Applicability to Government Contractors

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

Section 25. Unauthorized Processing of Personal Information and Sensitive

Personal Information
(a) The unauthorized processing of personal information shall be penalized by
imprisonment ranging from one (1) year to three (3) years and a fine of not
less than Five hundred thousand pesos (Php500,000.00) but not more than
Two million pesos (Php2,000,000.00) shall be imposed on persons who
process personal information without the consent of the data subject, or
without being authorized under this Act or any existing law.
(b) The unauthorized processing of personal sensitive information shall be
penalized by imprisonment ranging from three (3) years to six (6) years and a
fine of not less than Five hundred thousand pesos (Php500,000.00) but not
more than Four million pesos (Php4,000,000.00) shall be imposed on persons
who process personal information without the consent of the data subject, or
without being authorized under this Act or any existing law.
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Section 26. Accessing Personal Information and Sensitive Personal

Information Due to Negligence
(a) Accessing personal information due to negligence shall be penalized by
imprisonment ranging from one (1) year to three (3) years and a fine of not
less than Five hundred thousand pesos (Php500,000.00) but not more than
Two million pesos (Php2,000,000.00) shall be imposed on persons who, due
to negligence, provided access to personal information without being
authorized under this Act or any existing law.
(b) Accessing sensitive personal information due to negligence shall be penalized
by imprisonment ranging from three (3) years to six (6) years and a fine of not
less than Five hundred thousand pesos (Php500,000.00) but not more than
Four million pesos (Php4,000,000.00) shall be imposed on persons who, due
to negligence, provided access to personal information without being
authorized under this Act or any existing law.

Section 27. Improper Disposal of Personal Information and Sensitive Personal

Information
(a) The improper disposal of personal information shall be penalized by
imprisonment ranging from six (6) months to two (2) years and a fine of not
less than One hundred thousand pesos (Php100,000.00) but not more than
Five hundred thousand pesos (Php500,000.00) shall be imposed 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.
(b) The improper disposal of sensitive personal information shall be penalized by
imprisonment ranging from one (1) year to three (3) years and a fine of not
less than One hundred thousand pesos (Php100,000.00) but not more than
One million pesos (Php1,000,000.00) shall be imposed 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.
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Section 28. Processing of Personal Information and Sensitive Personal

Information for Unauthorized Purposes
The processing of personal information for unauthorized purposes shall be
penalized by imprisonment ranging from one (1) year and six (6) months to five (5)
years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but
not more than One million pesos (Php1,000,000.00) shall be imposed on persons
processing personal information for purposes not authorized by the data subject, or
otherwise authorized under this Act or under existing laws.

The processing of sensitive personal information for unauthorized purposes

shall be penalized by imprisonment ranging from two (2) years to seven (7) years
and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not
more than Two million pesos (Php2,000,000.00) shall be imposed on persons
processing sensitive personal information for purposes not authorized by the data
subject, or otherwise authorized under this Act or under existing laws.

Section 29. Unauthorized Access or Intentional Breach

The penalty of imprisonment ranging from one (1) year to three (3) years and
a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more
than Two million pesos (Php2,000,000.00) shall be imposed 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.

Section 30. Concealment of Security Breaches Involving Sensitive Personal

Information
The penalty of imprisonment of one (1) year and six (6) months to five (5)
years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but
not more than One million pesos (Php1,000,000.00) shall be imposed on persons
who, after having knowledge of a security breach and of the obligation to notify the
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Commission pursuant to Section 20(f), intentionally or by omission conceals the fact

of such security breach.

Section 31. Malicious Disclosure

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, shall be subject to imprisonment
ranging from one (1) year and six (6) months to five (5) years and a fine of not less
than Five hundred thousand pesos (Php500,000.00) but not more than One million
pesos (Php1,000,000.00).

Section 32. Unauthorized Disclosure

(a) Any personal information controller or personal information processor or any
of its officials, employees or agents, who discloses to a third-party personal
information not covered by the immediately preceding section without the
consent of the data subject, shall he subject to imprisonment ranging from
one (1) year to three (3) years and a fine of not less than Five hundred
thousand pesos (Php500,000.00) but not more than One million pesos
(Php1,000,000.00).

(b) Any personal information controller or personal information processor or any

of its officials, employees, or agents, who discloses to a third party sensitive
personal information not covered by the immediately preceding section
without the consent of the data subject, shall be subject to imprisonment
ranging from three (3) years to five (5) years and a fine of not less than Five
hundred thousand pesos (Php500,000.00) but not more than Two million
pesos (Php2,000,000.00).

Section 33. Combination or Series of Acts

Any combination or series of acts as defined in Sections 25 to 32 shall make
the person subject to imprisonment ranging from three (3) years to six (6) years and
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a fine of not less than One million pesos (Php1,000,000.00) but not more than Five
million pesos (Php5,000,000.00).

Section 34. Extent of Liability

If the offender is a corporation, partnership or any juridical person, the penalty
shall be imposed upon the responsible officers, as the case may be, who participated
in, or by their gross negligence, allowed the commission of the crime. If the offender
is a juridical person, the court may suspend or revoke any of its rights under this Act.
If the offender is an alien, he or she shall, in addition to the penalties herein
prescribed, be deported without further proceedings after serving the penalties
prescribed. If the offender is a public official or employee and lie or she is found guilty
of acts penalized under Sections 27 and 28 of this Act, he or she shall, in addition to
the penalties prescribed herein, suffer perpetual or temporary absolute
disqualification from office, as the case may be.

Section 35. Large-Scale

The maximum penalty in the scale of penalties respectively provided for the
preceding offenses shall be imposed when the personal information of at least one
hundred (100) persons is harmed, affected or involved as the result of the above-
mentioned actions.

Section 36. Offense Committed by Public Officer

When the offender or the person responsible for the offense is a public officer
as defined in the Administrative Code of the Philippines in the exercise of his or her
duties, an accessory penalty consisting in the disqualification to occupy public office
for a term double the term of criminal penalty imposed shall he applied.

Section 37. Restitution

Restitution for any aggrieved party shall be governed by the provisions of the
New Civil Code.
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REPUBLIC ACT NO. 8293

AN ACT PRESCRIBING THE INTELLECTUAL PROPERTY CODE AND
ESTABLISHING THE INTELLECTUAL PROPERTY OFFICE, PROVIDING FOR ITS
POWERS AND FUNCTIONS, AND FOR OTHER PURPOSES
OTHERWISE KNOWN AS
THE INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES.

STATE POLICY DECLARATION

The State recognizes that an effective intellectual and industrial property
system is vital to the development of domestic and creative activity, facilitates
transfer of technology, attracts foreign investments, and ensures market access for
our products. It shall protect and secure the exclusive rights of scientists, inventors,
artists and other gifted citizens to their intellectual property and creations, particularly
when beneficial to the people, for such periods as provided in this Act.

The use of intellectual property bears a social function. To this end, the State
shall promote the diffusion of knowledge and information for the promotion of national
development and progress and the common good.

It is also the policy of the State to streamline administrative procedures of registering

patents, trademarks, and copyright, to liberalize the registration on the transfer of
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technology, and to enhance the enforcement of intellectual property rights in the

Philippines.

EFFECT ON INTERNATIONAL CONVENTIONS AND ON PRINCIPLE OF

RECIPROCITY
Any person who is a national or who is domiciled or has a real and effective
industrial establishment in a country which is a party to any convention, treaty or
agreement relating to intellectual property rights or the repression of unfair
competition, to which the Philippines is also a party, or extends reciprocal rights to
nationals of the Philippines by law, shall be entitled to benefits to the extent
necessary to give effect to any provision of such convention, treaty or reciprocal law,
in addition to the rights to which any owner of an intellectual property right is
otherwise entitled by this Act.

LAWS REPEALED
Republic Act No. 8293 repealed all Acts and parts of Acts inconsistent
therewith, more particularly:
(1) Republic Act No. 165 – as amended [An Act Creating a Patent Office,
Prescribing its Powers and Duties, Regulating the Issuance of Patents, and
Appropriating Funds Therefore.
(2) Republic Act No. 166 – as amended (An Act to Provide for the Registration
and Protection of Trademarks, Tradenames, and Service-Marks, Defining
Unfair Competition and False Marking and Providing Remedies Against the
Same, and for Other Purposes)
(3) Presidential Decree No. 49 – Decree on the Protection of Intellectual
Property
(4) Presidential Decree No. 285 – as amended Decree on the Protection of
Intellectual Property)
(5) Articles 188 and 189 of the Revised Penal Code of the Philippines.

PARTS OF THE LAW

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The Intellectual Property Code of the Philippines is divided into five (5)
parts:
 PART I: The Intellectual Property Office
 PART II: The Law on Patents
 PART III: The Law on Trademarks, Service Marks, and Trade Names
 PART IV: The Law on Copyright
 PART V: Final Provisions

INTELLECTUAL PROPERTY RIGHTS UNDER THE I. P. CODE

The intellectual property rights under the Intellectual Property Code are:
(1) Copyright and related rights.
(2) Trademarks and service marks.
(3) Geographic indications.
(4) Industrial designs.
(5) Patents.
(6) Layout designs [topographies] of integrated circuits; and
(7) Protection of undisclosed information.

GOVERNMENT AGENCIES
The agency of the government in charge of the implementation of the
Intellectual Property Code is the Intellectual Property Office which replaced the
Bureau of Patents, Trademarks and Technology Transfer. It is divided into six (6)
Bureaus, namely:
(1) Bureau of Patents.
(2) Bureau of Trademarks.
(3) Bureau of Legal Affairs.
(4) Documentation, Information and Technology Transfer Bureau.
(5) Management Information System and EDP Bureau; and
(6) Administrative, Financial and Personnel Services Bureau.

FUNCTIONS OF THE INTELLECTUAL PROPERTY OFFICE

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The Intellectual Property Office is mandated under the law to:

(1) Examine applications for the grant of letters patent for inventions and register
utility models and industrial designs.
(2) Examine applications for the registration of marks, geographic indication and
integrated circuits.
(3) Register technology transfer arrangements and settle disputes involving
technology transfer payments covered by the provisions of Part II, Chapter IX
on Voluntary Licensing and develop and implement strategies to promote and
facilitate technology transfer.
(4) Promote the use of patent information as a tool for technology development.
(5) Publish regularly in its own publication the patents, marks, utility models and
industrial designs, issued and approved, and the technology transfer
arrangements registered.
(6) Administratively adjudicate contested proceedings affecting intellectual
property rights.
(7) Coordinate with other government agencies and the private sector efforts to
formulate and implement plans and policies to strengthen the protection of
intellectual property rights in the country.

SIGNIFICANT FEATURES OF THE LAW

(1) A shift was made from the "first-to-invent system" under R. A. 165 (old law) to
"first-to-file system" under the new law.
(2) In the case of inventions, the period of the grant was increased from 17
years from grant under the old law to 20 years from date of filing under the
new law.
(3) In the case of utility models, the previous grant of 5 years plus renewals of 5
years each under the old law was changed to 7 years without renewal under
the new law.
(4) In the case of industrial designs, the previous grant of 5 years plus renewals
of 5 years each was maintained.
 UCC-Graduate Studies_2021/MFV

(5) Under the old law, there was no opposition proceedings, and the examination
is mandatory; under the new law, the examination is made only upon request
(possibly with or without examination).
(6) Under the old law, publication is made after the grant; under the new law,
publication is affected after 18 months from filing date or priority date.
(7) Under the old law, the penalties for repetition of infringement are: PhP10,000
and/or 5 years of imprisonment and the offense prescribes in 2 years; under
the present law, the penalties range from PhP100,000 to PhP300,000 and/or
6 months to 3 years of imprisonment and the offense prescribes in 3 years.

SIGNIFICANT CHANGES IN THE TRADEMARK LAW

The significant changes in the trademark law under the old law (R. A. No.
166) and the present law are as follows:
(1) Under the former, the element of use before filing a local application is a
requirement although this is not required when the application is based on
foreign registration; while under the latter, the element of use has been
eliminated as a requirement for application.
(2) Under the former, the term granted is 20 years renewable for 20-year
periods; while under the latter, the term is for 10 years, renewable for 10-
year periods.
(3) Under the former, the affidavit of use or non-use is required on the 5th, 10th,
and 15th anniversaries; while under the latter, proof of use within 3 years
from the filing of the application is required and the affidavit of use should be
filed within 1 year from the 5th anniversary.
(4) Under the former, a Supplemental Register is required to be maintained;
while under the latter, it is no longer required.
(5) Under the former law, penalties for infringement, unfair competition, false
designation of origin and false description or representation range from fine
of PhP500 to PhP2,000 and/or 6 months to 3 years and 4 months of
imprisonment; while under the latter law, the penalties range from fine of
PhP50,000 to PhP200,000 and/or 2 to 5 years of imprisonment.
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SIGNIFICANT CHANGES IN THE COPYRIGHT LAW:

It is now required that after the first public dissemination of performance by
authority of the copyright owner of certain specified work, there shall, for the purpose
of completing the records of the National Library and the Supreme Court library,
within three (3) weeks, be registered and deposited with it, by personal delivery or by
registered mail, two (2) complete copies or reproductions of the work in such form as
the directors of said libraries may prescribe.
The scheme of penalties for infringement has also been changed. From the
previous fine of Php200 to Php2,000 and/or imprisonment of 1 year, the current
range of penalties are as follows:
 For first offenders - fine of PhP50,000 to PhP150,000 and/or imprisonment
of 1 to 3 years
 For second offenders - fine of PhP150,000 to PhP500,000 and/or
imprisonment of 3 to 6 years
 For third and subsequent offenders - fine of PhP500,000 to PhP1.5 Million
and/or imprisonment of 6 to 9 years.
In case of insolvency, the offender shall furthermore suffer subsidiary
imprisonment.

IV. VOCABULARY WORDS:

● Commission – the responsible who created by virtue of Republic Acts and

holds and organize the proper process and provisions or a group of people
officially charged with a particular function.
● Filing system – is an organization's core record-keeping system. It aids
you in being more organized, methodical, efficient, and open. It also makes
it easier for everyone who should be able to access information to do so.
● Personal information – involves a wide variety of data that might be used
to identify a person and deals a sensitive data that needs confidentiality.
● Principle of reciprocity – includes allowing the legal implications of
certain connections to be applied in law when the same effects are
recognized equally by other nations.
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● Copyright and related rights – is one of several 'intellectual property

rights,' yet it is merely a property in a restricted sense. It may be purchased
and sold like other property, whereas associated intellectual property rights
include moral rights and database rights.

V. SUMMARY:

In summary, according to R.A. 10173, your personal information is regarded

almost identically to your personal property. Our rights to be informed is a
fundamental right because it allows you, as a data subject, to take further steps to
preserve your data privacy and claim your other privacy rights. While, in R.A 8293,
the state understands that a functional intellectual and industrial property system is
vital for the growth of domestic and creative activity of the country, as well as for
facilitating technology transfer, attracting foreign investment, and ensuring market
access.

VI. CONCLUSION AND RECOMMENDATION:

Based on the discussion given, our rights to privacy protects a person's

identity, name, gender, dignity, and sexual orientation, among other things. Under
some circumstances, the right to privacy may be restricted in the interests of others,
provided that the interference is not arbitrary or unlawful. Also, external attackers and
hostile insiders can corrupt data, which is why data security is so important. How data
is gathered, shared, and utilized is governed by data privacy. Restriction of first-party
access, right of disclosure, right of revision, and establishment of fair information
practices are all things that should be considered.
On the other hand, for the periods specified in the second topic, it shall defend
and secure the exclusive rights of all individuals to their intellectual property and
achievements, particularly when beneficial to the public.
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VII. ASSESSMENT:
1. To ensure that personal information and communications systems in the
government and private sector are secured and protected, what are the claims
of the commission that R.A 10173 is effective?
2. Given that R.A 10173 also includes personal information processing, what are
the principles adherence to the transparency, legitimate purpose, and
proportionality?
3. Why is it necessary to be aware of the provisions of the Data Privacy Act?
4. What are the functions and aims of the Intellectual Property Office aligned in
R.A 8293?
5. Why is it important to have a law for copyright and what are the significant
changes of it?

VIII. REFERENCE/S:
● https://www.lawphil.net/statutes/repacts/ra2012/ra_10173_2012.html
● https://www.chanrobles.com/legal7code.htm#.YSjZpY4zbcs

IX. ABOUT THE DISCUSSANT:

A Public-school Teacher I under Schools Division
Office of Caloocan City for six years in Kalayaan
Elementary School. Graduating class of 2014 at the
University of Caloocan City with a bachelor’s degree in
Elementary Education majored in Early Childhood
Education and in present taking up my master’s
degree in the same institution.
I am handling Grade 6 class advisory, coordinator
of Phil-IRI in Filipino, a trainer of our schools’ Science, MAPEH, and Journalism Club
and teaching the subject mentioned as my expertise. To enjoy and improve my
teaching profession I participated in several contests, conferences, and seminars
with the supervision of my school. I also won as the Best Demonstration Teacher 1 st
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place in our District Science Fair Year 2020 and a member of the Division Science
Creative Team in present.