Reading 4:REPUBLIC ACT NO. 10173
REPUBLIC ACT NO. 10173Β
This act was known as the Data Privacy Act of 2012 ensuring the fundamental human right of privacy of personal information and communication systems in the government, in the private sector and thus in every individual to be secured and to be protected. The scope of this act applies to the processing of all types of personal information and to any natural and juridical person involved in personal information processing that are generally located in the Philippines. This act also applies an act done or practice engaged in and outside of the Philippines as long as a practice relates to the personal information of certain Philippine citizen or a resident. Also in this act, protection was given to every journalist to keep and thus to have a right of their confidential sources of information. The NPC or the National Privacy Commission was the one who administer and implement the provision of this Act, and to monitor and ensure compliance of the country with international standards set for data protection. The Commission therefore ensure at all times the confidentiality of any personal information that comes to its knowledge and possession. Generally, the Commission shall be attached to the Department of Information and Communication Technology (DICT) and shall be headed by a Privacy Commissioner, who shall act as Chairman of the Commission and shall be assisted by two Deputy Privacy Commissioners, the one who is responsible for Data Processing Systems and the one responsible for Policies and Planning. In the main, the President of the Philippines shall be the one who will appoint the Privacy Commissioner and the two Deputy Privacy Commissioners for a term of three years and may be reappointed for another term of three years. In this act, the processing of personal information shall be allowed to be expose to the public only if not otherwise prohibited by the law. Processing of sensitive personal information and privileged information was then prohibited unless the data subject has a consent prior to processing, the processing of the same is provided for by existing laws and regulations , the processing is necessary to protect the life and health of the data subject, the processing is necessary to achieve the lawful and noncommercial objectives of public organizations and associations and the processing concerns such personal information necessary for the protection of lawful rights. Primarily, the data subject has the right to be informed of personal information about him/her are being processed, right to be equipped with information into the processing of his/her personal information, the right to have reasonable access to the contents, sources, recipients, reasons of disclosure and information on the automated process of his/her personal information, right to disagree with the inaccuracy in the personal information process and have the personal information controller to correct the said error, the right to suspend or order the removal of his/her personal information when he/she discover that the personal information are false and thus used for unauthorized purpose and the right for any damages sustained due to unlawfully use of personal information. Security of Personal Information was indicated in this act, and take into account against any unlawful destruction processing of personal information. Principle of Accountability or the transfer of personal information was then specified and shall be made upon the request of the data subject. In this act, all the sensitive personal information of the government shall be maintained and secured. Online access of the governments sensitive personal information must be prohibited unless allowed issued by the Commission. Off-site access of the governments sensitive personal information must not be accessed from a location of off-government property unless there would be an approved request from the Commission. Generally speaking, failure to comply and follow the rules in this act corresponds to such penalties. Unauthorized processing of personal information and sensitive personal information, Accessing personal information and sensitive personal information due to negligence, Improper disposal of personal information and sensitive personal information, Processing of personal information and sensitive personal information for unauthorized purposes, Unauthorized access, Concealment of security breaches involving sensitive personal information, Malicious disclosure, Unauthorized disclosure, Combination of series of acts, Extent of liability, and Offense committed by public officer are the grounds indicated in this act with a corresponding penalties. Overall, this act was attached with the accordance to Human Rights. We all have the right to protect and secure our own personal information. In order to ensure the security and privacy of our own personal information, it is necessary for us and it is our responsibility to do our task to first secure our own privacy.
