August 15, 2012

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. Short Title. — 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. TSCIEa

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 set 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

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 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 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:
aSIHcT

(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 processo r 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 Rules 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;
(3) Issued by government agencies peculiar to an individual which
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 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.

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;
(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
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 (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. cACEHI

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.
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; 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
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, which shall have
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 the following functions:
(a) Ensure compliance of personal information controllers with the
provisions of this Act;
(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 take action 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 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
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 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.
HEcSDa

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 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
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 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), 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
(PhlPost).
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 processed: Provided, That personal information
collected for other purposes may be 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.
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 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.TECIaH

SECTION 13. Sensitive Personal Information and Privileged Information. —

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
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 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 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. — The data subject is entitled to:
(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
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 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

(8) The existence of their rights, i.e., to access, correction, as well

as the right to lodge a complaint before the Commission. cCTaSH

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 have 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 processed
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 personal information shall be 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 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
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. SADECI

(c) The determination of the appropriate level of security under this section
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 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;
(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 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 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 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.
(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.
(2) 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.
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 (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 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
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 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.
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. AaITCH

(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.
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
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 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.
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 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
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 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 be 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 a fine of not less than One million
pesos (Php1,000,000.00) but not more than Five million pesos (Php5,000,000.00). SCaTAc

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
he 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 abovementioned 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 be applied.
SECTION 37. Restitution. — Restitution for any aggrieved party shall be
governed by the provisions of the New Civil Code.
CHAPTER IX
Miscellaneous Provisions
SECTION 38. Interpretation. — 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.
SECTION 39. Implementing Rules and Regulations (IRR). — 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.
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 SECTION 40. Reports and Information. — The Commission shall annually
report to the President and Congress on its activities in carrying out the provisions of
this Act. The Commission shall 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.
SECTION 41. Appropriations Clause. — The Commission shall be provided
with an initial appropriation of Twenty million pesos (Php20,000,000.00) to be drawn
from the national government. Appropriations for the succeeding years shall be
included in the General Appropriations Act. It shall likewise receive Ten million pesos
(Php10,000,000.00) per year for five (5) years upon implementation of this Act drawn
from the national government.
SECTION 42. Transitory Provision. — Existing industries, businesses and
offices affected by the implementation of this Act shall be given one (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.
SECTION 43. Separability Clause. — 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.
SECTION 44. Repealing Clause. — 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.
SECTION 45. Effectivity Clause. — This Act shall take effect fifteen (15)
days after its publication in at least two (2) national newspapers of general circulation.
Approved: August 15, 2012.
Published in The Philippine Star on August 24, 2012.

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