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Data Privacy Act 0f 2012

The Data Privacy Act of 2012 is a Philippine law designed to protect individuals' privacy rights in the processing of personal information while promoting the free flow of information. It establishes the National Privacy Commission as the regulatory body and outlines data subject rights, including access, consent, and data security measures. Violations of the Act can result in significant penalties, including imprisonment and fines, particularly for unauthorized processing of sensitive personal information.

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0% found this document useful (0 votes)
5 views8 pages

Data Privacy Act 0f 2012

The Data Privacy Act of 2012 is a Philippine law designed to protect individuals' privacy rights in the processing of personal information while promoting the free flow of information. It establishes the National Privacy Commission as the regulatory body and outlines data subject rights, including access, consent, and data security measures. Violations of the Act can result in significant penalties, including imprisonment and fines, particularly for unauthorized processing of sensitive personal information.

Uploaded by

akeisha1432
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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DATA PRIVACY ACT

0F 2012
(SUMMER 2025 – PRELIM TOPIC)

BY: Chona L. Mendez, CPA, MBA


INTRODUCTION
The Data Privacy Act of 2012 (Republic Act No. 10173) is a Philippine law aimed at protecting the
fundamental right of privacy in the processing of personal information. It was signed into law on
August 15, 2012 by former President Benigno S. Aquino III.
It ensures that personal data within information and communications systems in both the
government and private sectors are secured.
The law's primary goal is to safeguard the privacy of individuals while allowing for the free flow
of information to promote innovation and growth.
The law is a crucial piece of legislation in the Philippines, playing a vital role in protecting
individuals' data privacy rights in the digital age.

KEY ASPECTS FOR DISCUSSION:


 Purpose
 Scope
 National Privacy Commission (NPC)
 Definition of selected terms
 Data Subject Rights
 Implementing Rules and Regulations (IRR)
 Penalties
KEY ASPECTS
PURPOSE: (CHAPTER I SEC. 2)
To protect the fundamental human right of privacy in the processing of
personal information while ensuring the free flow of information.

SCOPE: (CHAPTER I SEC 4)


Applies to the processing of personal data by any natural or juridical
person, including both government and private entities.

REGULATORY BODY: (CHAPTER II)


The regulatory body responsible for implementing and enforcing the
Data Privacy Act of 2012 is the National Privacy Commission (NPC) .
DEFINITION OF TERMS
“PROCESSING”:
Includes any operation or set of operations performed upon personal
information, such as collection, recording, organization, storage, updating,
retrieval, consultation, use, consolidation, blocking, erasure, or destruction of
data.

Personal Information:
Refers to any information relating to an identified or identifiable natural
person.

Sensitive Personal Information:


Includes information about an individual's race, ethnic origin, marital status,
age, color, religious, philosophical, or political affiliations; health, education,
genetic, or sexual life; or any proceedings related to a crime.
DATA SUBJECT RIGHTS
(CHAPTER IV)
The Act grants individuals several rights, including the right –

1) to be informed,
2) to access their personal information,
3) to object to processing,
4) to erasure or blocking,
5) to damages,
6) to file a complaint,
7) to rectify inaccurate information, and
8) to data portability.
IMPLEMENTING RULES AND REGULATIONS FOR
SURVEYS
Key Considerations for Surveys Under the DPA:
Consent:
• Valid consent must be obtained before collecting and processing personal
information for survey purposes. This means the consent must be freely given,
specific, informed, and unambiguous.
Transparency:
• Survey organizers must be transparent about the purpose of data collection, how
the data will be used, and who will have access to it.
Legitimate Purpose:
• The processing of personal information must be for a legitimate purpose, and the
purpose should be clear to the data subject.
Data Security:
• Organizations must implement appropriate technical and organizational measures
to ensure the security of personal data collected in surveys, protecting it against
unauthorized access, loss, or misuse.
PENALTIES (CHAPTER VIII)
The Data Privacy Act of 2012 (Republic Act No. 10173) in the
Philippines carries various penalties for violations, including
imprisonment and fines.
Unauthorized processing of personal information can result in
imprisonment ranging from one to three years, along with a fine of at
least PHP 500,000 but not more than PHP 2,000,000.
If the unauthorized processing involves sensitive personal information,
the penalties increase to imprisonment of three to six years, and a fine
of PHP 500,000 to PHP 4,000,000.
SAMPLE CASE

https://www.youtube.com/watch?v=STlkqVVu_y4

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