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DATA PRIVACY ACT (DPA)

REPUBLIC ACT NO. 10173
General Provisions and National Privacy Commission
GENTILES Scope (Section 4)
Data Privacy 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.
Exceptions:
1. 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:
a. The fact that the individual is or was an officer or employee of the government institution;
b. The title, business address, and office telephone number of the individual;
c. The classification, salary range, and responsibilities of the position held by the individual; and
d. The name of the individual on a document prepared by the individual in the course of
employment with the government.
2. 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.
3. 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.
4. Personal information processed for journalistic, artistic, and literary or research purposes.
5. 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Nothing in the DPA shall be construed as to have amended or repealed Republic Act No. 1405, otherwise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
GIRON (CISA).
6. Information necessary for banks and other financial institutions under the jurisdiction of the
independent, central monetary authority or Bangko Sentral ng Pilipinas (BSP) 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.
7. 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.
Definition of Terms (Section 3)
1. Data subject – It refers to an individual whose personal information is processed.
2. Filing system – It 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

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reference to criteria relating to individuals, in such a way that specific information relating to a
particular person is readily accessible.
3. Information and Communications System – This refers to a system for generating, sending,
receiving, storing, or 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.
4. Personal information – This 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.
5. Personal information controller – This 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/her behalf. The term excludes:
a. A person or organization who performs such functions as instructed by another person or
organization; and
b. An individual who collects, holds, processes, or uses personal information in connection with the
individual’s personal, family, or household affairs.

HAYAHAY 6. Personal information processor – It refers to any natural or juridical person qualified to act as such
under the DPA to whom a personal information controller may outsource the processing of personal
data pertaining to a data subject.
7. Processing – It 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.
8. Privileged information – It refers to all forms of data which under the Rules of Court and other
pertinent laws constitute privileged communication.
9. Sensitive personal information refers to personal information:
a. About an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or
political affiliations;
b. 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;
c. Issued by government agencies peculiar to an individual which includes, but not limited to, social
security numbers, previous or current health records, licenses or its denials, suspension or
revocation, and tax returns; and
d. Specifically established by an executive order or an act of Congress to be kept classified.

Note: Processing of sensitive personal information and privileged information are generally
prohibited.

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The National Privacy Commission (NPC)

1. Functions of the National Privacy Commission (Section 7)
To administer and implement the provisions of the Data Privacy Act, and to monitor and ensure
compliance of the country with international standards set for data protection, National Privacy
Commission is created. The following are the functions of NPC:
a. Ensure compliance of personal information controllers with the provisions of the DPA;
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;
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;
JIERH 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 the DPA;
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 the DPA;
j. Review, approve, reject or require modification of privacy codes voluntarily adhered to by
personal information controllers;
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 the DPA 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.
The Commission shall ensure at all times the confidentiality of any personal information that comes
to its knowledge and possession (Section 8).

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The functions of NPC focus on the following:

• Rule-making;
• Advisory;
• Public education;
• Compliance and monitoring;
• Investigations and complaints; and
• Enforcement.

LUMBA 2. Organizational Structure (Section 9)

a. 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.
b. 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.
Note: They 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:
a. At least thirty-five (35) years of age;
b. Of good moral character, unquestionable integrity, and known probity; and
c. A recognized expert in the field of information technology and data privacy.
Notes:
1) The Privacy Commissioner shall enjoy the benefits, privileges, and emoluments equivalent to
the rank of Secretary.
2) 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.

3. The Secretariat (Section 10)

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:
a. Social Security System (SSS);
b. Government Service Insurance System (GSIS);
c. Land Transportation Office (LTO);
d. Bureau of Internal Revenue (BIR);
e. Philippine Health Insurance Corporation (PhilHealth);
f. Commission on Elections (COMELEC);
g. Department of Foreign Affairs (DFA);
h. Department of Justice (DOJ); and
i. Philippine Postal Corporation (PHLPost).

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Processing and Security of Personal Information

General Data Privacy Principles (Section 11)
Personal information must be:
1. 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;
2. Processed fairly and lawfully;
3. 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;
4. Adequate and not excessive in relation to the purposes for which they are collected and processed;
5. 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
6. 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.
The personal information controller must ensure implementation of personal information processing
MACAPILI
principles set out herein.
In line with this general data privacy principles, the processing of personal data shall be allowed subject to
adherence to the principles of transparency, legitimate purpose, and proportionality (Section 18,
Implementing Rules and Regulations of Data Privacy Act).
Transparency – The data subject must be aware of the nature, purpose, and extent of the processing of
his/her personal data, including the risks and safeguards involved, the identity of personal information
controller, his/her rights as a data subject, and how these can be exercised. Any information and
communication relating to the processing of personal data should be easy to access and understand, using
clear and plain language.
Legitimate purpose – The processing of information shall be compatible with a declared and specified
purpose which must not be contrary to law, morals, or public policy.
Proportionality – The processing of information shall be adequate, relevant, suitable, necessary, and not
excessive in relation to a declared and specified purpose. Personal data shall be processed only if the
purpose of the processing could not reasonably be fulfilled by other means.

Criteria for Lawful Processing of Personal Information (Section 12)

The processing of personal information shall be permitted only if not otherwise prohibited by law, and when
at least one of the following conditions exists:
1. The data subject has given his/her consent;
2. 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;
3. The processing is necessary for compliance with a legal obligation to which the personal information
controller is subject;
4. The processing is necessary to protect vitally important interests of the data subject, including life and
health;
MARATAS 5. 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
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processing of personal data for the fulfillment of its mandate; or

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6. 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.

Sensitive Personal Information and Privileged Information (Section 13)

The processing of sensitive personal information and privileged information shall be prohibited, EXCEPT in
the following cases:
1. The data subject has given his/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;
2. The processing of the same is provided for by existing laws and regulations;
3. 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/her consent prior to the processing;
4. The processing is necessary to achieve the lawful and noncommercial objectives of public organizations
and their associations;
5. 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
6. 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

MEJORADA Security of Personal Information (Section 20)

1. 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.
2. 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.
3. 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:
a. Safeguards to protect its computer network against accidental, unlawful or unauthorized usage or
interference with or hindering of their functioning or availability;
b. A security policy with respect to the processing of personal information;
c. 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
d. 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.
4. 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.

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5. 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.
6. 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.
a. 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.
b. 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.
The Commission may authorize postponement of notification where it may hinder the progress of a
criminal investigation related to a serious breach.

Where appropriate, personal information controllers and personal information processors shall adopt and
establish technical security measures such as the following:
 Encryption of personal data during storage and while in transit, authentication process, and
other technical security measures that control and limit access;
 The ability to ensure and maintain the confidentiality, integrity, availability, and resilience of
their processing systems and services (e.g., using strong passwords);
 When it comes to sharing data, a security policy with respect to the processing of personal data;
 A process for regularly testing, assessing, and evaluating the effectiveness of security measures
for system maintenance;
 Backups, which is the ability to restore the availability and access to personal data on time in the
event of a physical or technical incident; and
 When it comes to access control, there must be safeguards to protect their computer network
against accidental, unlawful or unauthorized usage, any interference which will affect data
integrity or hinder the functioning or availability of the system, and unauthorized access through
an electronic network.
MORALES
When it comes to organizational security measures:
 Secure office storage – Design of office space and work stations, including the physical
arrangement of furniture and equipment, shall provide privacy to anyone processing personal
data, taking into consideration the environment and accessibility to the public.
For removable devices, identifying marks can be placed and for hardcopy information, ‘locked
print’ feature can be enabled to ensure privacy when printing confidential documents on the

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machine over a shared network. When using this, the document cannot be printed without
entering a password on the computer.
 Building access control – Policies and procedures shall be implemented to monitor and limit
access to and activities in the room, workstation or facility, including guidelines that specify the
proper use of and access to electronic media. There can also be closed-circuit television (CCTV)
to secure the premises.
 Secure disposal – Any natural or juridical person or other body involved in the processing of
personal data shall implement policies and procedures regarding the transfer, removal, disposal,
and reuse of electronic media, to ensure appropriate protection of personal data.
 Remote working – Policies and procedures that prevent the mechanical destruction of files and
equipment shall be established. Hardcopies and devices must be secured when in transit.
 Policies, procedures, guidance, and training must be clearly communicated, readily accessible,
and understood to eliminate ambiguities.
 Personnel in charge of human resource management shall be responsible for selecting and
supervising its employees, agents, or representatives, particularly those who will have access to
personal data. The said employees, agents, or representatives shall operate and hold personal
data under strict confidentiality if the personal data are not intended for public disclosure.
 Procurement – The personal information controller, through appropriate contractual
agreements, shall ensure that its personal information processors, where applicable, shall also
implement the security measures required by the Act and these Rules. It shall only engage those
personal information processors that provide sufficient guarantees to implement appropriate
security measures.
Other security measures include:
 Shredding all confidential waste;
 Using strong passwords;
 Installing a firewall and virus checker on your computers;
 Encrypting any personal information held electronically;
 Disabling any ‘auto-complete’ settings;
 Keeping devices under lock and key when not in use;
 Holding telephone calls in private areas;
 Not leaving papers and devices lying around;
 Checking the security of storage systems;
 Using anti-climb paint on exterior walls and drains;
 Using CCTV cameras to monitor your office space; and
 Installing an alarm system.

Rights of the Data Subject

MORANTE The data subject is entitled to (Section 16):

1. Be informed whether personal information pertaining to him/her shall be, are being or have been
processed;
2. Be furnished the information indicated hereunder before the entry of his/her personal information
into the processing system of the personal information controller, or at the next practical opportunity:
a. Description of the personal information to be entered into the system;
b. Purposes for which they are being or are to be processed;
c. Scope and method of the personal information processing;

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d. The recipients or classes of recipients to whom they are or may be disclosed;

e. Methods utilized for automated access, if the same is allowed by the data subject, and the extent to
which such access is authorized;
f. The identity and contact details of the personal information controller or its representative;
g. The period for which the information will be stored; and
h. 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.
3. Reasonable access to, upon demand, the following:
a. Contents of his/her personal information that were processed;
b. Sources from which personal information were obtained;
c. Names and addresses of recipients of the personal information;
d. Manner by which such data were processed;
e. Reasons for the disclosure of the personal information to recipients;
f. 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;
g. Date when his/her personal information concerning the data subject were last accessed and
modified; and
h. The designation, or name or identity and address of the personal information controller;
4. 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;
5. Suspend, withdraw or order the blocking, removal or destruction of his/her personal information from
the personal information controller’s filing system upon discovery and substantial proof that the
NOROMOR K. 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
6. Be indemnified for any damages sustained due to such inaccurate, incomplete, outdated, false,
unlawfully obtained, or unauthorized use of personal information.
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 17).
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 (Section 18).
To further understand, here are the rights of the data subject:
 Right to be informed – The data subject has a right to be informed whether personal data pertaining
to him/her shall be, are being, or have been processed, including the existence of automated
decision- making and profiling.
 Right to access – The data subject has the right to reasonable access to information.
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 Right to object – The data subject shall have the right to object to the processing of his/her personal
data, including processing for direct marketing, automated processing, or profiling. The data subject
shall also be notified and allowed to withhold consent to the processing in case of changes or any
amendment to the information supplied or declared to the data subject.
 Right to erasure or blocking – The data subject shall have the right to suspend, withdraw, or order
the blocking, removal, or destruction of his/her personal data from the personal information
controller’s filing system.
 Right to damages – The data subject has the right to claim compensation if he/she suffered damages
due to inaccurate, incomplete, outdated, false, unlawfully obtained, or unauthorized use of personal
data, considering any violation of his/her rights and freedoms as data subject.
 Right to file a complaint - If the data subject feels his/her personal information has been misused,
maliciously disclosed, or improperly disposed, or that any of his/her data privacy rights have been
violated, he/she have a right to file a complaint with the NPC.

NOROMOR T.  Right to rectification – The data subject has the right to dispute the inaccuracy or error in the
personal data and have the personal information controller correct it immediately and accordingly,
unless the request is vexatious or otherwise unreasonable. If the personal data has been corrected,
the personal information controller shall ensure the accessibility of both the new and the retracted
information and the simultaneous receipt of the new and the retracted information by the intended
recipients thereof.
 Right to data portability – Where his/her personal data is processed by electronic means and in a
structured and commonly used format, the data subject shall have the right to obtain from the
personal information controller a copy of such data in an electronic or structured format that is
commonly used and allows for further use by the data subject.

Accountability for Transfer of Information

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 (Section 21).
1. The personal information controller is accountable for complying with the requirements of the DPA and
shall use contractual or other reasonable means to provide a comparable level of protection while a
third party is processing the information.
2. The personal information controller shall designate an individual or individuals who are accountable for
the organization’s compliance with the DPA. The identity of the individual(s) so designated shall be made
known to any data subject upon request.

Security of Sensitive Personal Information in Government

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 (Section 22).

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 22).

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Penalties
1. Unauthorized Processing of Personal Information and Sensitive Personal Information (Section 25)
This shall be imposed on persons who process personal information without the consent of the data
subject, or without being authorized under the DPA or any existing law.
a. The unauthorized processing of personal information shall be penalized by:
i. Imprisonment ranging from one (1) year to three (3) years; and
ii. A fine of not less than Php500,000 but not more than P2,000,000.
b. The unauthorized processing of personal sensitive information shall be penalized by:
i. Imprisonment ranging from three (3) years to six (6) years; and
ii. A fine of not less than P500,000 but not more than P4,000,000.
2. Accessing Personal Information and Sensitive Personal Information Due to Negligence (Section 26)
This shall be imposed on persons who, due to negligence, provided access to personal information
without being authorized under the DPA or any existing law.
a. Accessing personal information due to negligence shall be penalized by:
i. Imprisonment ranging from one (1) year to three (3) years; and
ii. A fine of not less than P500,000 but not more than P2,000,000.
b. Accessing sensitive personal information due to negligence shall be penalized by:
i. Imprisonment ranging from three (3) years to six (6) years; and
ii. A fine of not less than P500,000 but not more than P4,000,000.
3. Improper Disposal of Personal Information and Sensitive Personal Information (Section 27)
This 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.
a. The improper disposal of personal information shall be penalized by:
i. Imprisonment ranging from six (6) months to two (2) years; and
ii. A fine of not less than P100,000 but not more than P500,000.
b. The improper disposal of sensitive personal information shall be penalized by:
i. Imprisonment ranging from one (1) year to three (3) years; and
ii. A fine of not less than P100,000 but not more than P1,000,000.
4. Processing of Personal Information and Sensitive Personal Information for Unauthorized Purposes
(Section 28)
This shall be imposed on persons processing sensitive personal information for purposes not authorized
by the data subject, or otherwise authorized under the DPA or under existing laws.
a. The processing of personal information for unauthorized purposes shall be penalized by:
i. Imprisonment ranging from one (1) year and six (6) months to five (5) years; and
ii. A fine of not less than P500,000 but not more than P1,000,000.
b. 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 P500,000 but
not more than P2,000,000.

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5. Unauthorized Access or Intentional Breach (Section 29)

This 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.
a. Imprisonment of ranging from one (1) year to three (3) years; and
b. A fine of not less than P500,000 but not more than P2,000,000.
6. Concealment of Security Breaches Involving Sensitive Personal Information (Section 30)
This 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.
a. Imprisonment of one (1) year and six (6) months to five (5) years; and
b. A fine of not less than P500,000 but not more than P1,000,000.
7. Malicious Disclosure (Section 31)
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 P500,000 but not more than P1,000,000.
8. Unauthorized Disclosure (Section 32)
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
i. Imprisonment ranging from one (1) year to three (3) years; and
ii. A fine of not less than P500,000 but not more than P1,000,000.
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
i. Imprisonment ranging from three (3) years to five (5) years; and
ii. A fine of not less than P500,000 but not more than P2,000,000.
9. Combination or Series of Acts (Section 33)
Any combination or series of acts as defined in Sections 25 to 32 shall make the person subject to:
a. Imprisonment ranging from three (3) years to six (6) years; and
b. A fine of not less than P1,000,000 but not more than P5,000,000.

References
Congress of the Philippines. (n.d.). Republic Act 10173: Data Privacy Act of 2012. Retrieved March 8, 2019, from National Privacy Commission:
https://www.privacy.gov.ph/data-privacy-act
Lansigan, D. R. (n.d.). Primer on the Data Privacy Act (DPA) of 2012. Retrieved March 8, 2019, from Association of College and University Registrars &
Liaison Officers (ACURLO): http://acurlo.uphsl.edu.ph/wp-content/uploads/2016/06/DATA-PRIVACY-ACT-OF-2012-1.pptx
National Privacy Commission. (n.d.). Implementing Rules and Regulations of the Data Privacy Act of 2012. Retrieved March 8, 2019, from National
Privacy Commssion: https://www.privacy.gov.ph/implementing-rules-and-regulations-of-republic-act-no-10173-known-as-the-data-
privacy-act-of-2012

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