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Data Privacy Act 2012 Regulations

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Data Privacy Act 2012 Regulations

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Republic of the Philippines

NATIONAL PRIVACY COMMISSION

Metro Manila

Implementing Rules and Regulations of Republic Act No. 10173, known as the “Data Privacy
Act of 2012”

Pursuant to the mandate of the National Privacy Commission to administer and implement the
provisions of the Data Privacy Act of 2012, and to monitor and ensure compliance of the country
with international standards set for data protection, the following rules and regulations are
hereby promulgated to effectively implement the provisions of the Act:

Rule I. Preliminary Provisions

1. Title
2. Policy
3. Definitions
Rule II. Scope of Application
4. Scope
5. Non-applicability
6. Protection afforded to journalists and their sources
7. Protection afforded to data subjects
Rule III. National Privacy Commission
8. Mandate
9. Functions
10. Administrative Issuances
11. Reports and Public Information
12. Confidentiality of Personal Data
13. Organizational Structure
14. Secretariat
15. Effect of Lawful Performance of Duty
16. Magna Carta for Science and Technology Personnel
Rule IV. Data Privacy Principles
17. General Principles
18. Principles of Transparency, Legitimate Purpose and Proportionality 19.
Principles in Collection, Processing and Retention
a. Collection must be for a specified and legitimate purpose
b. Personal Data shall be processed fairly and lawfully
c. Processing should ensure data quality
d. Personal data shall not be retained longer than necessary
e. Any authorized further processing shall have adequate safeguards 20.
Principles for Data Sharing
Rule V. Lawful Processing of Personal Data
21. Lawful Processing of Personal Information
22. Lawful Processing of Sensitive Personal Information and Privileged
Information
23. Extension of Privileged Communication
24. Surveillance of Subjects and Interception of Recording of Communications
Rule VI. Security Measures for Data Protection
25. Data Privacy and Security
26. Organizational Security
27. Physical Security
28. Technical Security
29. Appropriate Level of Security
Rule VII. Data Privacy and Security in Government. 30. Responsibility of
Heads of Agencies
31. Requirements Relating to Access by Agency Personnel to Sensitive Personal
Information
DISCLAIMER: CMI-JPIA do not claim any ownership to any of the review materials and questions included in this document. In accordance
with the Academic-Accounting Series 3 project, the accounting review materials are solely for academic/learning purposes only. Compiled
from various sources (textbooks, journals, and online resources), they acknowledge original authors' intellectual property rights. Hence,
the said documents must not be in anyways duplicated, produced and distributed for the purpose of selling and economic gain.
32. Implementation of Security Requirements
33. Applicability to Government Contractors
Rule VIII. Rights of Data Subject
34. Rights of the Data Subject
a. Right to be informed
b. Right to object
c. Right to access
d. Right to correct
e. Right to rectification, erasure or blocking
35. Transmissibility of Rights of the Data Subject
36. Right to Data Portability
37. Limitation on Rights
Rule IX. Data Breach Notification.
38. Data Breach Notification
39. Contents of Notification
40. Delay of Notification
41. Breach Report
42. Procedure for Notification
Rule X. Outsourcing and Subcontracting Agreements. 43. Subcontract of
Personal Data
44. Agreements for Outsourcing
45. Duty of Personal Information Processor
Rule XI. Registration and Compliance Requirements 46. Enforcement of
the Data Privacy Act
47. Registration of Data Processing Systems
48. Notification for Automatic Processing Operations
49. Approval of Data Sharing Agreements
50. Review by the Commission
Rule XII. Rules on Accountability
51. Accountability for Transfer of Personal Information
52. Accountability for Violation of the Act, these Rules and other issuances Rule XIII.
Penalties
53. Unauthorized Processing of Personal Information and Sensitive Personal
Information
54. Accessing Personal Information and Sensitive Personal Information Due to Negligence
55. Improper Disposal of Personal Information and Sensitive Personal
Information
56. Processing of Personal Information and Sensitive Personal Information for
Unauthorized Purposes
57. Unauthorized Access or Intentional Breach
58. Concealment of Security Breaches Involving Sensitive Personal Information 59.
Malicious Disclosure
60. Unauthorized Disclosure
61. Combination or Series of Acts
62. Extent of Liability
63. Large-Scale
64. Offense Committed by Public Officer
65. Restitution
66. Fines and Penalties
Rule XIV. Miscellaneous Provisions
67. Appeal
68. Period for Compliance
69. Interpretation
70. Separability Clause
71. Repealing Clause
72. Effectivity Clause

Section 1. Title. These rules and regulations shall be known as the Implementing Rules and
Regulations of Republic Act No. 10173 known as the Data Privacy Act of 2012, or the “Rules.”

Section 2. Policy. These rules and regulations further enforce the Data Privacy Act and adopts
generally accepted international principles and standards for data protection, safeguarding the
fundamental right of every individual to privacy while supporting the free flow of information for
innovation, growth and national development. These rules and regulations recognize the vital
role of information and communications technology in nation-building and enforce the State’s
inherent obligation to ensure that personal data in information and communications systems in
the government and in the private sector are secured and protected.

Section 3. Definitions. Whenever used in these Rules, the following terms shall have the
respective meanings hereafter set forth:

*security incident – an event or occurrence that affects or tends to affect data protection, or that
may compromise the availability, integrity and confidentiality of personal data, including those
incidents that would have resulted to a security breach if not for safeguards in place
*data sharing – the disclosure or transfer of personal data under custody of a natural or juridical
person or other entity involved in the processing of personal data to a third party, excludes
outsourcing or instructions to personal information processor
*data processing systems – the structure and procedure by which personal data is collected and
further processed in an information and communications system or relevant filing system,
including the purpose and intended output of the processing
*automatic processing systems – the use of information and communications system to perform
operation or set of operations on personal data involving under a logical framework or
automated instructions

a. Act refers to the Data Privacy Act.

b. Breach is a security incident that leads to unlawful or unauthorized processing of personal,

sensitive or privileged information, or that otherwise compromises the availability,
integrity or confidentiality of personal data processed under the control of a personal
information controller.

c. Commission refers to the National Privacy Commission created by virtue of the Data
Privacy Act.

d. 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 his or her personal,
sensitive or privileged information. Consent shall be evidenced by written, electronic or
recorded means. It may also be given on behalf of a data subject by a lawful
representative or an agent specifically authorized by the data subject to do so.

e. Data subject refers to an individual whose personal, sensitive or privileged information is

processed.

f. Direct marketing refers to communication by whatever means of any advertising or

marketing material which is directed to particular individuals.

g. 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

h. Information and Communications System refers to a system for generating, sending,

receiving, storing or otherwise processing electronic data messages or electronic
documents and includes the computer system or other similar device by or which data is
recorded, transmitted or stored and any procedure related to the recording, transmission
or storage of electronic data, electronic message, or electronic document.
i. Personal data refers, to personal information, sensitive information and privileged
information, collectively, which are in an information and communications system, or
relevant filing system, or intended to form part of the same.
Personal data is the term used when referring to personal information, sensitive
personal information and privileged information collectively.

j. 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.

k. Personal information controller refers to a natural or juridical person or any other body
who controls the processing of personal data or instructs another to process personal
data on his or her behalf. The term excludes:
1. A natural or juridical person or any other body who performs such functions on behalf
of another; or
2. A natural person who processes personal data in connection with his or her personal,
family or household affairs.
There is control if the natural or juridical person or any other body decides on what
information is collected, or the purpose or extent of processing.

l. Personal information processor refers to any natural or juridical person or any other body
to whom a personal information controller may outsource or instruct the processing of
personal data pertaining to a data subject.

m. Processing refers to any operation or any set of operations performed upon personal data
including, but not limited to, the collection, recording, organization, storage, updating or
modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction
of data.

n. Privileged information refers to any and all forms of data which under the Rules of Court
and other pertinent laws constitute privileged communication.

o. 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 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. The Data Privacy Act and these Rules apply to the processing of personal,
sensitive or privileged information, in the government or private sector, under any of the
following conditions:
a. The natural or juridical person involved in the processing of personal data is found or
established in the Philippines. b. The act, practice or processing relates to personal data
about a Philippine citizen or Philippine resident.
c. The processing of personal data is being done in the Philippines.
d. The act, practice or processing of personal data is done or engaged in by an entity with
links to the Philippines, which include:
1. Use of equipment located in the country, or maintains an office, branch or agency in
the Philippines for processing of personal data;
2. A Contract entered in the Philippines;
3. A Juridical entity unincorporated in the Philippines but has central management and
control in the country;
4. 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 data; or
5. An entity that carries on business in the Philippines 6. An entity collects and holds
personal data in the Philippines Provided further, that the information is not specifically excluded
in the succeeding section.

Section 5. Non-applicability. The Data Privacy Act does not apply to specific categories of
information, to the extent of allowable collection, access, use, disclosure or other processing,
laid down in the succeeding paragraphs. The non-applicability does not extend to the personal
information controllers or processors, which process
the same or other personal data, in a manner or for a purpose that is not specifically provided in
this section.

a. The Act and these Rules shall not be used to restrict access to information that fall within
matters of public concern, and for this purpose shall not apply to:
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 only in so far as it 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 a benefit of a financial nature conferred on an individual upon

the discretion of government, such as the granting of a license or permit, including
the name of the individual and the exact nature of the benefit, provided that
benefits given in the course of an ordinary transaction or as a matter of right are not
discretionary benefits under these Rules.

b. The Act and these Rules do not apply to personal information processed for journalistic,

c. The Act and these Rules do not apply to personal information that will be processed for
purpose of scientific and statistical research only within the limits provided by Section 37
of these Rules. Any other research shall be covered by the Act, these Rules and other
issuances of the Commission, to the end that research purposes will be supported
without compromising privacy and security of personal data.

d. The Act and these Rules do not apply to information necessary in order to carry out
functions of public authority only to the extent of collection and further processing
consistent with a constitutionally or statutorily mandated function pertaining to national
security, law enforcement, taxation and other regulatory function, including the
performance of the functions of the independent, central monetary authority. The public
authority must process the information, mindful of the rights of the individual data
subject to privacy and security, and subject to other restrictions provided by law. If
processing is by an information processor, the responsibility of the public authority as
personal information controller remains. Nothing in this Act shall be construed as to
have amended or repealed Republic Act No. 1405, otherwise known as the Secrecy of
Bank Deposits Act; Republic Act No. 6426, otherwise known as the Foreign Currency
Deposit Act; and Republic Act No. 9510, otherwise known as the Credit Information
System Act (CISA).

e. The Act and these Rules do not apply to 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. Banks and financial institutions involved in processing of
personal data shall be covered by the act and these Rules where the information
collected and processed to comply with law will be subjected to processing for other
purpose.

f. The Rules shall not apply to 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, with regard
to its collection. The Act and these Rules shall apply to processing performed in the
Philippines, taking into account the law of the foreign jurisdiction with regard to
collection. The burden of proving the law of the foreign jurisdiction falls on the person or
body seeking exemption. In the absence of proof, the applicable law shall be presumed
to be that of the Philippines.

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.
The Data Privacy Act shall apply if the collection of the personal information is not in
accordance with the laws of the foreign juridiction. The Data Privacy Act shall also apply if the
processing of personal information in the Philippines is not specifically covered by the law of
the foreign jurisdiction, or if the processing being done in the Philippines is contrary to the
applicable law of the foreign jurisdiction. The burden of proving the law of the foreign
jurisdiction falls on the person or body seeking exemption. In the absence of proof, the
applicable law shall be presumed to be that of the Philippines.

The Act and these Rules shall not apply to 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. If the
collection or processing is not in accordance with the laws of the foreign jurisdiction, or if the
law relied upon does not specifically cover the processing being performed in the Philippines.
the Act and these rules shall apply. The burden of proving the law of the foreign jurisdiction
falls on the person or body seeking exemption. In the absence of proof, the applicable law
shall be presumed to be the Act and these Rules.

The Act and these Rules shall not apply to 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. The
burden of proving the law of the foreign jurisdiction falls on the person or body seeking
exemption. In the absence of proof, including proof that the law of the foreign jurisdiction
specifically applies to processing in the Philippines, the applicable law shall be presumed to be
the Act and these Rules.

Section 6. Protection Afforded to Journalists and their Sources.

a. Publishers, editors or duly accredited reporters of any newspaper, magazine or periodical of
general circulation shall not be compelled to reveal the source of any news report or
information appearing in said publication if it was related in any confidence to such
publisher, editor, or reporter.
b. Publishers, editors and duly accredited reporters who are likewise personal information
controllers or processors within the meaning of the law are still bound to follow the Data

Section 7. Protection afforded to Data Subjects.

a. Unless directly incompatible or inconsistent with the preceding sections, the personal
information controller or processor shall use reasonable means to protect the privacy
and security of personal data.
b. The burden of proving that the Data Privacy Act is not applicable to a particular
information falls on those involved in the processing of personal data or the party
claiming the non applicability.
c. In all cases, the determination of the applicability of the Data Privacy Act shall be liberally
interpreted in favor of the rights and interests of the data subject.

Rule III. National Privacy Commission

Section 8. Mandate. The National Privacy Commission is an independent body mandated to

administer and implement the Data Privacy Act of 2012, and to monitor and ensure compliance
of the country with international standards set for data protection.

Section 9. Functions. The National Privacy Commission shall have the following functions:

a. Rule Making. The Commission shall promulgate, review or amend its rules and regulations,
and publish or issue administrative issuances for the effective implementation of the
Act. This includes:
1. Issue guidelines on security measures for data protection, encryption, and off-site
access in government, and on the electronic format and technical standards for data
portability;
2. Issue standards for organizational, physical and technical security measures for data
protection taking into account current data privacy best practices and most
appropriate standard recognized by the information and communications
technology industry;
3. Consult with relevant regulatory agencies in the formulation of privacy standards or
requirements to implement the Act,
with respect to the persons, entities, business activities and business sectors that
said regulatory bodies are authorized to principally regulate pursuant to law;
4. Propose legislation, amendments or modifications to Philippine laws on privacy or
data protection, as may be necessary.

b. Advisory. The Commission shall be the advisory body on matters affecting data privacy and
security. This includes: 1. Comment or report 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;
2. Review, approve, reject or require modification of privacy codes voluntarily adhered to
by personal information controllers, which may include private dispute resolution
mechanisms for complaints against any participating personal information controller.

c. Public Education. The Commission shall undertake necessary or appropriate efforts to

inform and educate the public of data privacy, data protection and fair information rights
and responsibilities. This includes:
1. Publish on a regular basis a guide to all laws relating to data protection;
DISCLAIMER: CMI-JPIA do not claim any ownership to any of the review materials and questions included in this document. In accordance
with the Academic-Accounting Series 3 project, the accounting review materials are solely for academic/learning purposes only. Compiled
from various sources (textbooks, journals, and online resources), they acknowledge original authors' intellectual property rights. Hence,
the said documents must not be in anyways duplicated, produced and distributed for the purpose of selling and economic gain.
2. Publish a compilation of agency system of records and notices, including index and
other finding aids;
3. 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;
4. Document and report on the activities of the Commission in carrying out the
provisions of the Act.

d. Compliance and Monitoring. The Commission shall perform compliance and monitoring
functions to ensure effective implementation of the Act, these Rules and other
issuances. This includes:
1. Ensure compliance of personal information controllers with the provisions of the Act,
including registration of data processing systems in the country, and notification
prior to processing of personal data that could adversely affect the rights and
freedoms of data subjects, especially in case of automatic processing operations;
2. Monitor the compliance of all 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 data pursuant to the Act;
3. 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;
4. Negotiate and contract with other data privacy authorities of other countries for
cross-border application and implementation of respective privacy laws and
generally perform such acts as may be necessary to facilitate cross
border enforcement of data privacy protection;
5. Provide assistance on matters relating data protection at the request of a national or
local agency, a private entity or any person, including enforcement of rights of data
subject;
6. Assist Philippine companies doing business abroad to respond to data protection laws
and regulations;
7. Manage the registration of the personal information processing system of contractors
and its employees entering into contracts with government that involves accessing
or requiring sensitive personal information from one thousand (1,000) or more
individuals.

e. Complaints and Investigations. The Commission shall adjudicate on complaints and

investigations due to a privacy complaint, security breach, a violation of the rights of
data subjects, and failure to comply with the Act, these rules and other issuances of the
Commission. This includes:
1. Receive complaints and institute investigations regarding a violation of the Act or the
rights of data subjects, including reports of a Security Breach;
For this purpose, the Commission may compel access to personal data that is subject
of any complaint and to collect the information necessary to perform its functions
under the Act, including the issuance of subpoena to compel testimony or
production of evidence. In resolving any complaint or investigation, except where
amicable settlement is reached by the parties, the Commission shall act as a
collegial body.
2. Facilitate or enable settlement of complaints through the use of alternative dispute
resolution processes, and adjudicate on matters affecting any personal data;
3. Prepare reports on disposition of complaints and resolution of any investigation it
initiates, and, in cases it deems appropriate, publicize any such report.
f. Enforcement. The Commission shall do all acts as may be necessary to effectively
implement the Data Privacy Act, these Rules and other issuances of the Commission, and
to enforce its Orders, Resolutions or Decisions, including the imposition of
sanctions, fines or penalties. This includes:
1. Adjudicate privacy or security complaints and related issues and issue compliance or
enforcement orders;

g. Other functions. The Commission shall exercise such other functions as may be necessary
to fulfill its mandate under the law.

Section 10. Administrative Issuances. The Commission shall publish or issue official directives and
administrative issuances, orders and circulars:
a. To govern the rules of procedure in the exercise of its quasi judicial functions, subject to
suppletory application of the Rules of Court;
b. To publish the schedule of fines and penalties for the violation of the Act, these Rules,
issuances or the orders of the Commission and the fees for its administrative services
and filing fees;
c. To provide or update the minimum standards for data protection, in addition to those
already provided in these Rules, considering best practices or to account for the current
state of information and communications technology and the generally accepted data
privacy and security standards;
d. To give an advisory or legal opinions on matters affecting privacy and security of personal
data;
e. To resolve a complaint or investigation and enforce its orders; f. Other administrative
issuances consistent with its mandate.

Section 11. Reports and Public 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 12. Confidentiality of Personal Data. The Commission shall ensure at all times the
confidentiality of any personal data that comes to its knowledge and possession. Members,
employees and consultants of the Commission, even after their term, employment or contract
has ended, are to be subject to a duty of professional secrecy with regard to confidential
information to which they were given access.

Section 13. Organizational Structure. The National Privacy Commission is attached to the
Department of Information and Communications Technology for policy and program
coordination but the Commission shall remain completely independent in the performance of its
functions.

The Commission shall be headed by a Privacy Commissioner, who shall act as Chairman of the
Commission. 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 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
Deputy Privacy Commissioners must be recognized experts in the field of information and

Section 14. Secretariat. The Commission is authorized to establish a Secretariat, which shall assist
the Office of the Commissioner in the performance of its functions. The Secretariat shall be
headed by an Executive Director and shall be organized according to the following offices:
a. Data Security and Compliance Office;
b. Legal and Enforcement Office;
c. Finance and Administrative Office;
d. Privacy Policy Office.

Majority of the members of the Secretariat, in so far as practicable, 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 (Philpost).

The organizational structure shall be subject to review and modification of the Commission,
including the creation of new divisions and units as it may deem necessary, and shall appoint
officers and employees of the Commission in accordance with the civil service law, rules and
regulations.

Section 15. Effect of Lawful Performance of Duty. The Privacy Commissioner, the Deputy
Commissioners, or any person acting on their behalf or under their direction, shall not be civilly
liable for acts done in good faith in the performance of their duties. However, he or she shall be
liable for willful or negligent acts done by him or her which are contrary to law, morals, public
policy and good customs even if he or she acted under orders or instructions of superiors:
Provided, That in case a lawsuit is filed against such official on the subject of the performance of
his or her duties, where such performance is lawful, he or she shall be reimbursed by the
Commission for reasonable costs of litigation.

Section 16. Magna Carta for Science and Technology Personnel. Qualified employees of the
Commission shall be covered by Republic Act No. 8349, which provides a magna carta for
scientists, engineers, researchers and other science and technology personnel in the
government.

Rule IV. Data Privacy Principles

Section 17. General Principles. The processing of personal data shall be allowed, subject to
compliance with the requirements of the Data Privacy Act, other laws allowing disclosure of
information to the public and these Rules. All natural and juridical persons and other body
involved in processing of personal data must ensure implementation of personal data processing
principles set out in the Act, these Rules and other issuances of the Commission.

Section 18. Principles of Transparency, Legitimate Purpose and Proportionality. The processing of
personal data shall adhere to the principles of transparency, legitimate purpose and
proportionality.
a. Transparency. Processing of personal data shall be known to the data subject, who must
be informed about the nature, purpose, method, and extent of processing, his or her
rights as data subject and how these can be exercised, and the identity and contact
details of the personal information controller.
b. 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.
c. Proportionality. The processing of information shall be adequate, relevant, suitable,
DISCLAIMER: CMI-JPIA do not claim any ownership to any of the review materials and questions included in this document. In accordance
with the Academic-Accounting Series 3 project, the accounting review materials are solely for academic/learning purposes only. Compiled
from various sources (textbooks, journals, and online resources), they acknowledge original authors' intellectual property rights. Hence,
the said documents must not be in anyways duplicated, produced and distributed for the purpose of selling and economic gain.
necessary and not excessive in relation to a declared and specified purpose.

Section 19. General principles in collection, processing and retention. The processing of personal
data shall adhere to the following general principles with regard to collection, processing and
retention.

a. Collection must be for a specified and legitimate purpose 1. There must be consent, which
is time bound and may be withdrawn, unless specifically provided by Act or these Rules
that consent for collection and processing is not required.
2. In obtaining consent, the data subject must be provided specific information with
regard to the purpose and extent of processing, including passive or automatic
processing of his or her personal data over a period of time, further processing of
data for direct marketing and other commercial purpose, or processing for data
sharing or research.
3. The purpose shall be declared before collection unless it is not reasonable and
practicable, in which case purpose must be declared after collection but before any
other processing, provided that collection and processing of sensitive personal
information or privileged information is prohibited unless specifically authorized by
law or there is prior consent from data subject.
4. The data subject must be informed of what data will be collected, the period of
collection and how long the collected data will be stored.
5. Personal data to be collected shall only be that which is necessary and compatible
with declared, specified and legitimate purpose.

b. Personal data shall be processed fairly and lawfully

1. Processing shall be in accordance with the rights of the data subject, and shall be
transparent, affording data subject sufficient information as to the identity of
controller and recipients of data, right to withdraw consent or object, and other
information relevant to the processing.
2. Information provided to a data subject must always be in clear and simple language
and easily accessible.
3. Processing must be compatible with declared, specified and legitimate purpose.
4. Processed personal data should be adequate, relevant and not excessive in relation to
the declared, specified and legitimate purpose.
5. Adequate privacy and security safeguards should be in place in the processing of
personal data.

c. Processing should ensure data quality

1. Personal data should be accurate, relevant and complete with respect to the purpose
of processing.
2. Personal data shall be kept up to date when necessary for the declared, specified and
legitimate purpose.
3. Inaccurate or incomplete data must be rectified, supplemented, destroyed or their
further processing restricted.

d. Personal Data shall not be retained longer than necessary 1. Retention of personal data
shall only be until the declared, specified and legitimate purpose has been achieved or
the processing relevant to the purpose has been terminated. 2. Retention of personal
data may be allowed when necessary to establish, exercise or defend legal claims, or for
legitimate business purposes, or as provided by law, which must be in accordance with a
disposition schedule followed by the industry or approved by appropriate government
agency, and taking into consideration applicable prescriptive periods.
3. Personal data shall be disposed or discarded in a secure manner that would prevent
further processing, unauthorized access or disclosure to any other party or the
public, or prejudice to the interests of the data subjects.

e. Any authorized further processing shall have adequate safeguards. Personal data originally
collected for a declared, specified or legitimate purpose may be retained longer and
DISCLAIMER: CMI-JPIA do not claim any ownership to any of the review materials and questions included in this document. In accordance
with the Academic-Accounting Series 3 project, the accounting review materials are solely for academic/learning purposes only. Compiled
from various sources (textbooks, journals, and online resources), they acknowledge original authors' intellectual property rights. Hence,
the said documents must not be in anyways duplicated, produced and distributed for the purpose of selling and economic gain.
processed further for historical, statistical or scientific purposes, and other purpose
specifically authorized by law when there are adequate safeguards for data privacy and
security.
1. Personal data kept longer than necessary for the declared, specified and legitimate
purpose shall be aggregated or in a form which does not permit identification of data
subjects.
2. Further processing for historical, statistical, scientific or other legally authorized
purpose shall be allowed if there are adequate safeguards for data privacy and
security, and the following conditions are met:
(a)The data subject consents, or personal data is contained in public documents
subject to reasonable requirements for access;
(b)The purpose of processing must be sufficiently clarified; (c) The Commission may
review the safeguards in place. 3. Personal data can not be retained in perpetuity in
contemplation of a possible future use still to be determined.

Section 20. General principles for Data Sharing. Further Processing of Personal Data collected
from a party other than the Data Subject shall be allowed under any of the following conditions:

a. Data sharing is specifically provided by law, where the law authorizing the sharing provides
adequate safeguards for data privacy and security.

b. Data Sharing in the Private Sector shall be allowed if: 1. The data subject must consent to
data sharing, provided that consent for data sharing shall be required even when the
data is to be shared with an affiliate or mother company, or similar relationships, unless
the data sharing is specifically authorized by law;
2. Data sharing for commercial purpose, including direct marketing, shall be covered by
a data sharing agreement. (a)The data sharing agreement should put in place adequate
safeguards for data privacy and security, uphold rights of data subjects and
provide a system by which data subject can obtain relief for violations.
(b)The data sharing agreement shall be subject to review of the Commission;
3. The data subject shall be provided with the following information prior to collection
or before data is shared: (a)Identity of all controllers or processors who will be given
access to data;
(b)Purpose of further processing;
(c) Categories of data concerned;
(d)Intended recipients or categories of recipients of data; (e)Existence of rights of
data subject, including right to access and correction, and right to object;
(f) Other information that would sufficiently notify the data subject of the extent of
data sharing and manner of processing; and
4. Further processing of shared data shall adhere to the data protection principles laid
down in the Act, these Rules and other issuances of the Commission.

c. Data collected from parties other than the data subject for purpose of research shall be
allowed provided the personal data is publicly available or has the consent of the data
subject for purpose of research, adequate safeguards are in place, and no decision
directly affecting the data subject shall be made on the basis of the data collected or
processed. In all cases, the Commission or a body authorized by the Commission, or by
law shall approve the protocol for the proposed research, which shall include a system by
which the data subjects can exercise their rights and obtain relief without compromising
research integrity.

d. Data Sharing for purpose of a public function or provision of a public service shall be
allowed provided the personal information controller sharing information under its
control or custody with another personal information controller enters into a data
sharing agreement approved by the Commission prior to data sharing.

Section 21. Criteria for Lawful Processing of Personal Information. Processing of personal
information is allowed unless prohibited by law. For processing to be lawful:
a. The data subject must have given his or her consent prior to collection, or as soon as
practicable and reasonable.
b. It involves processing of personal information of a data subject who is a party to a
contractual agreement, in order to fulfill obligations under the contract or to take steps
at the request of the data subject prior to entering into a contract.
c. The processing of information is necessary to comply with obligations imposed on the
personal information controller by law or rules.
d. The processing of the personal information of a data subject is necessary to protect his or
her vitally important interests, including life and health.
e. The processing of personal information is to the extent necessary to respond to national
emergency or to comply with
the requirements of public order and safety as prescribed by law.
f. The processing of personal information is to the extent necessary for the performance of
the constitutional or statutory mandate of a public authority.
g. The processing must be necessary to pursue 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.
The interest is legitimate if it relates to a compelling benefit of both the personal
information controller and the public with minimal impact on the rights of data subject.

Section 22. Sensitive Personal Information and Privileged Information. The processing of
sensitive personal and privileged information is prohibited. It shall be allowed only in the
following cases:
a. Consent is given pursuant to a declared, specified and legitimate purpose by data subject
prior to the processing of sensitive personal information, or by parties to the exchange
prior to processing of privileged information.
b. The processing of the sensitive or privileged information is in accordance with existing
laws and regulations that does not require consent of data subject for processing, and
which guarantees the protection of the sensitive personal information and the
privileged information.
c. The processing is necessary to protect the life and health of the data subject or another
person, and the data subject is not legally or physically able to express his or her consent
prior to the processing.
d. The processing is necessary to achieve the lawful and noncommercial objectives of public
organizations and their associations provided that:
(1)Processing is confined and related to the bona fide members of these organizations
or their associations;
(2)The sensitive personal information are not transferred to third parties; and
(3)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
data is ensured. The use, access to, disclosure and other processing of
personal data for purposes other than for medical treatment of the data subject requires
consent.
f. The processing concerns such sensitive or privileged 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 based on a specific constitutional or statutory provision.

Section 23. Extension of Privileged Communication. Personal information controllers may invoke

When the Commission inquires upon communication claimed to be privileged, the Personal
Information Controller should prove the nature of the communication in an executive session.
Should the communication be determined as privileged, it shall be excluded from evidence, and
the contents of the communication shall not form
part of the records of the case. This rule will apply unless the privileged communication is itself
the subject of the breach or privacy concern.

Section 24. Surveillance of Suspects and Interception of Recording of Communications. The

provision of Section 7 of Republic Act No. 9372, otherwise known as the "Human Security Act of
2007”, is hereby amended to include the condition that the processing of personal data for
purpose of surveillance and interception of recording of communications must comply with the
Data Privacy Act, including adherence to the principles of transparency, proportionality and
legitimate purpose.

Rule VI. Security Measures for Data Protection

Section 25. Data Privacy and Security. The personal information controller shall put in place
organizational, physical and technical security measures for data protection, including policies for
evaluation, monitoring and review of operations and security risks. The same obligation shall be
required from personal information processors engaged by the personal information controller
to process personal data on its behalf.

These measures shall aim to maintain the availability, integrity and confidentiality of personal
data, and prevent negligent, unlawful or fraudulent processing, access and other interference,
use, disclosure, alteration, loss and destruction of personal data.

The guidelines in the succeeding sections shall be implemented by any natural or juridical person
involved in the processing of data, which shall also be included in the privacy and security policy
of the company.

Section 26. Guidelines for organizational security measures shall include:

a. Accountable Officers. Any natural or juridical person or other body involved in the
processing of personal data shall designate an individual or individuals who shall be
accountable for ensuring compliance with applicable laws and regulations for protection
of data privacy and security. These accountable officers may be a privacy officer,
information officer or a data protection officer, provided that the officer or officers so
designated shall manage the privacy and security aspect in the different areas of the
operations, and shall plan, implement and evaluate policies and programs for data
privacy and security.

b. Accountability and Transparency. Any natural or juridical person or other entity involved in
the processing of personal data shall sufficiently describe its data processing system, and
identify duties and responsibilities of those who will have access to personal data. The
privacy policy should include:
1. Information about the purpose of collection and processing of personal data, including
purpose of any intended future processing, data sharing, access or disclosure;
2. Information about the data flow within the organization, from the time of collection,
processing, retention and disposal of personal data;
3. A description of data processing system and the physical and technical security
measures being implemented at every stage of processing;

DISCLAIMER: CMI-JPIA do not claim any ownership to any of the review materials and questions included in this document. In accordance
with the Academic-Accounting Series 3 project, the accounting review materials are solely for academic/learning purposes only. Compiled
from various sources (textbooks, journals, and online resources), they acknowledge original authors' intellectual property rights. Hence,
the said documents must not be in anyways duplicated, produced and distributed for the purpose of selling and economic gain.
4. A governance and accountability structure for the processing of personal data, which
shall identify the duties and responsibilities of those directly involved in the
processing of personal data, including identification of the data protection officer or
any other individual or individuals accountable for ensuring compliance with
applicable laws and regulations for protection of data privacy and security.
c. Management of Human Resources. Any natural or juridical person or other entity involved
in the processing of personal data shall have the responsibility of selecting and
supervising its employees, agents or representatives, particularly those who will have
access to personal data. It must implement or impose:
1. Procedures for hiring of employees involved in the processing of personal data, which
shall include an assessment of the potential employee’s capacity and competence to
perform the functions of the position being applied for and evaluation of other
conditions that may impact the fitness of the applicant to handle and access
personal data;
2. Capacity building, orientation or training programs for employees regarding privacy
and security policies; 3. Duty of Strict confidentiality on individuals involved in the
processing of personal data, which should form part of the terms of engagement or
employment and which shall continue even after the individual leaves the service,
transfers to another position or upon termination of employment or contractual
relations;
4. A formal process for ending a person's employment or a user's access so that
inappropriate access to personal data does not occur;
5. Procedure for incident reporting, investigations and sanctions for violation of the Act,
these rules, or other company policy.

d. Policy for Collection and Processing of Personal Data. Any natural or juridical person or
other entity involved in the processing of personal data shall develop, implement and
review:
1. A protocol and design for collection of personal data, including procedures for
obtaining consent, and other rules relating to the effective period of any consent
given;
2. Policy and procedure for data subjects to exercise their rights under the Data Privacy
Act, including the right of notification, access, correction, or withdrawal of any
consent previously given pertaining to the processing of their personal data;
3. An access management policy which shall include a process for accreditation and
authentication of authorized users granted access to the system, policies to
implement role based access controls, and maintenance of a secure user record
database;
4. Procedures to limit the processing of data, to ensure that it is only to the extent
necessary to the declared and specified purpose at time of collection;
5. Policy and procedure to monitor the system for security breach or any other
irregularity that may compromise the availability, integrity and confidentiality of the
personal data, including a process for identifying and accessing reasonably
foreseeable vulnerabilities in its computer networks;
6. A protocol to be followed in case of security incident or technical problems, including
procedures for prevention, investigation, correction and mitigation of any damage
that might result due to a security incident or security breach;
7. Data retention schedule approved by appropriate body, when applicable, including
erasure or disposal of records.

e. Contracts with processors or third parties. The personal information controller must
further ensure that personal information processors or third parties processing personal
information on its behalf shall implement the security measures required by the Act,
these Rules and other issuances of the Commission. Contracts with an information
processor or any third party shall ensure continued protection of personal data,
which may include stipulations providing the minimum standards for data protection and
data management, restrictions on access, use and disclosure of personal data, and
provisions on damages.

Section 27. Guidelines for Physical security measures shall include:

a. The personal information controller shall implement policies and procedures to limit physical
access to its facility and work stations, including guidelines which specify proper use of and
access to workstations and electronic media.
b. 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 public.
c. Policies and procedures shall be implemented to monitor and limit activities in the room or
workstation. The duties, responsibilities and schedule of individuals involved in the
processing of personal data shall be clearly defined to ensure that only the individuals
actually performing official duties shall be in the room or work station, at any given time.
d. The personal information controller should implement policies and procedures regarding
the transfer, removal, disposal, and re-use of electronic media, to ensure appropriate
protection of personal data.
e. Policies and procedures to prevent mechanical destruction of files and equipment shall be
in place. The room and workstation shall in so far as may be practical be secured against
natural disasters, power disturbances, external access and other similar threats.

Section 28. Guidelines for Technical security measures shall include:

a. Personal information controllers shall have in place technical and logical security measures
for data protection, intended to safeguard the availability, integrity and confidentiality of
personal data.
b. Personal data in a computer network should be protected against risks such as accidental,
unlawful or unauthorized usage, any interference which will affect data integrity or
hinder functioning or availability of system, and unauthorized access transmitted over an
electronic network. Regular assessment for vulnerabilities in its computer systems should
be conducted.
c. Hardware, software, and procedural mechanisms to record and examine access and other
activity in information systems containing personal data, including the monitoring and
tracking of any alterations, deletions or additions made to records shall be implemented.
d. Technical Security measures such as data encryption, during storage and while in transit,
authentication process, and other measures to control and limit access to electronic data
should be in place.

Section 29. Appropriate Level of Security. The Commission shall monitor compliance of natural or
juridical person or other body involved in the processing of personal data on their security
measures based on the guidelines provided in these Rules and subsequent issuances of the
Commission. The determination of the appropriate level of security measures 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. The security measures provided herein
shall be subject to regular review and evaluation, and shall be updated by the Commission in
separate issuances, as may be necessary, taking into account the most appropriate standard
recognized by the information and communications technology industry and data privacy best
practices.

Section 30. 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, subject to these Rules and other issuances of the Commission. The head of
each government agency or instrumentality shall be responsible for complying with the security
requirements mentioned herein. The Commission shall monitor agency compliance and may
recommend the necessary action in order to satisfy the minimum standards.

Section 31. Requirements Relating to Access by Agency Personnel to Sensitive Personal

Information.
a. On-site and Online Access.
1. 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. The source agency
is the agency who originally collected the personal data.
2. A source agency shall strictly regulate access to sensitive personal data under its
custody or control, particularly when it allows online access, and shall grant a
security clearance only when the performance of official functions or provision of a
public service directly depends on and can not otherwise be performed unless online
access is allowed to the agency personnel.
3. Online access to sensitive personal information shall be allowed, upon approval of the
head of the source agency, subject to the following:

(a)An information technology governance framework has been designed and

implemented.
(b)Sufficient organizational, physical and technical security measures are in place.
(c) The agency is capable of protecting sensitive personal information in accordance
with best data privacy practices and standards recognized by information and
communication technology industry.
(d)The agency personnel given online access has a security clearance which
provides access limited only to that information needed for the performance of
official functions.

b. Off-site access.
1. Sensitive personal information maintained by an agency may not be transported or
accessed from a location off government property whether by its agent or employee
unless the head of agency has ensured implementation of privacy policies and
appropriate security measures. A request for such transportation or access is
submitted to and approved by the head of the agency, which must include proper
accountability structures in the processing of data.
2. The head of agency shall approve requests for off-site access in accordance with the
following guidelines:
(a) 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;
(b) Limitation to One thousand (1,000) Records – If a request is approved, the head of
the agency shall limit the access to not more than one thousand (1,000) records
at a time, subject to the succeeding paragraph. Exceptions to this limitation may
be approved by the head of source agency if necessary to a public function or
provision of public service subject to the same conditions for approving online
access.
DISCLAIMER: CMI-JPIA do not claim any ownership to any of the review materials and questions included in this document. In accordance
with the Academic-Accounting Series 3 project, the accounting review materials are solely for academic/learning purposes only. Compiled
from various sources (textbooks, journals, and online resources), they acknowledge original authors' intellectual property rights. Hence,
the said documents must not be in anyways duplicated, produced and distributed for the purpose of selling and economic gain.
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.

Section 32. Implementation of Security Requirements. Notwithstanding the effective date of

these Rules, the requirements in the preceding paragraphs shall be implemented before any
off-site or online access request is approved. Any data sharing agreement between a source
agency and another government agency shall be approved by the Commission.

Section 33. 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 data
processing system with the Commission in accordance with this Act and to comply with the other
provisions of this Act including the immediately preceding sections, in the same manner as
agencies and government employees comply with such requirements.

Rule VIII. Rights of Data Subject

Section 34. Rights of the Data Subject. The data subject is entitled to the following rights:

a. Right to be informed.
1. The data subject has a right to know whether personal data pertaining to him or her
shall be, are being or have been processed, and whether the processing is partly or
wholly automatic. In cases where the collection of data shall be done over a period
of time, including automatic or passive collection of categories of data, the data
subject must be notified in clear and simple language of this fact, and his or her
express consent must be obtained prior to the processing.
2. The data subject shall be notified and furnished the information indicated hereunder
before the entry of his or her personal data into the processing system of the
personal information controller, or at the next practical opportunity:
(a)Description of the personal data to be entered into the system;
(b)Purposes for which they are being or are to be processed, including processing
for direct marketing or historical, statistical or scientific purpose;
(c) Scope and method of the personal data processing; (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 data controller or its
representative;
(g)The period for which the information will be stored; and (h)The existence of their
rights including the right to access, correction, and object to the processing, as well
as the right to lodge a complaint before the Commission.

b. Right to object. The data subject shall be notified and given an opportunity to object or
withhold consent to processing in case of changes or any amendment to the information
supplied or declared to the data subject in the preceding paragraph, unless the change
refers to processing of personal data in the following cases:
1. The personal data is needed pursuant to a subpoena; 2. 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 to which the data subject is a party, or when
necessary or desirable in the context of an employer-employee relationship between the
collector and the data subject; or
3. When the information is being collected and processed as a result of a legal obligation.

d. Right to correct. 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 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 personal data shall be informed of
its inaccuracy and its rectification upon reasonable request of the data subject.

e. Right to Rectification, Erasure or Blocking. The data subject shall have the right to suspend,
withdraw or order the blocking, removal or destruction of his or her personal data from
the personal information controller’s filing system.
1. This right may be exercised upon discovery and substantial proof that:
(a) The personal data is incomplete, outdated, false, or unlawfully obtained;
(b)The personal data is being used for purpose not authorized by the data subject;
(c) The personal data is no longer necessary for the purposes for which they were
collected;
(d)The personal data concerns private information that is prejudicial to data subject
unless matter of public concern, part of fair and true reporting or otherwise
justified; or
(e) The personal information controller or processor violated the rights of the data
subject.

2. The data subject may request the personal information controller to notify third
parties who have previously received such processed personal data.

f. Right to damages. The data subject shall be indemnified for any damages sustained due to
such inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of
personal data or any injury that may have been incurred due to a violation of his or her
rights and freedoms as data subject.

Section 35. 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 36. Right to Data Portability. The data subject shall have the right, where personal data 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
exercise of this right shall primarily take into account the right of data subject to have greater
control over personal data being processed for commercial purpose, without compromising
national security matters and intelligence information, trade or industrial secrets, integrity of
research, and other matters which are deemed confidential under the law. The Commission may

Section 37. Limitation on Rights. The immediately preceding sections on the transmissibility of
the rights of data subjects and the right to data portability shall not be applicable if the
processed personal data 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 data shall be held under strict confidentiality and shall be
used only for the declared purpose. Likewise, the said sections are not applicable to processing
of personal data gathered for the purpose of investigations in relation to any criminal,
administrative or tax liabilities of a data subject, provided that the exercise of the data subjects
of his or her rights shall not compromise the investigation.

Rule IX. Data Breach Notification.

Section 38. Data Breach Notification.

a. The Commission and affected data subjects shall be notified within 24 hours upon
knowledge of or reasonable belief by the personal information controller or personal
information processor that a security breach has occurred. Security breach subject of
notification under this subsection shall be 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.
b. Depending on the nature of the incident, or if there is delay or failure to notify, the
Commission may investigate the circumstances surrounding the information security
breach. Investigations may include on-site examination of systems and procedures.

Section 39. Contents of Notification. 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. The notification to the data subject should also include measures
taken to reduce negative consequence, the authorities or
contact details where the data subject can obtain additional information about the breach, and
any assistance to be provided the affected data subjects.

Section 40. Delay of Notification. 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.
c. The Commission may authorize postponement of notification where it may hinder the
progress of a criminal investigation related to a serious breach.

Section 41. Breach Report.

a. The personal information controller shall notify the Commission by submitting a report,
whether written or electronic, containing the required information. The personal
information controller shall also include in the report the name of a designated
representative and his or her contact information. In case of submission by electronic
mail, the personal information controller shall ensure secure transmission.
b. All security incident or security breach shall be documented even if not covered by the
notification requirements. For security breach, these should include the facts
surrounding the incidents, effects and the remedial actions taken. For other security
incidents, aggregated data shall constitute sufficient compliance. These reports shall be

Section 42. Procedure for Notification. The Procedure for security breach notification shall be in
accordance with the Act and these Rules, and any other issuance of the Commission.

Rule X. Outsourcing and Subcontracting Agreements.

Section 43. Subcontract of Personal Data. A personal information controller may subcontract the
processing of personal data, provided that the personal information controller shall be
responsible for ensuring that proper safeguards are in place to ensure the confidentiality of the
personal data processed, prevent its use for unauthorized purposes, and generally, comply with
the requirements of the Act and other applicable laws, these Rules and other issuances for
processing of personal data.

Section 44. Agreements for Outsourcing. Agreements for outsourcing or subcontracting shall
include the following:
a. Subject and duration of work;
b. The extent, type and purpose of data processing;
c. Technical and organizational measures to be taken; d. The rectification,
erasure and blocking of data;
e. The processor's obligations, particularly with regard to monitoring;
f. Rights regarding subcontracting;
g. The controller's monitoring rights;
h. The subcontractor's notification obligations;
i. The extent of the controller's authority to issue instructions to the processor;
j. The return and/or erasure of data by the processor at the conclusion of the work;
k. The geographic location/s at which the processing under the subcontracting agreement
will be performed.

Section 45. Duty of personal information processor. The personal information processor shall
comply with all the requirements of this Act and other applicable laws, in addition to obligations
provided in the agreement with a personal information controller. These shall include the duty
to put in place adequate safeguards for data privacy and security, to comply with standards for
organizational, physical and technical security measures, and to uphold the rights of data
subjects.

Rule XI. Registration and Compliance Requirements

Section 46. Enforcement of the Data Privacy Act. Pursuant to the mandate of the Commission to
administer and implement the Act, and to ensure compliance of personal information controllers
with its obligations under the law, the Commission requires:
a. Registration of personal data processing systems operating in the country, including the
personal data processing system of contractors and its employees entering into contracts
with government that involves accessing or requiring sensitive personal information
from one thousand (1,000) or more individuals;
b. Notification of automatic processing operations being carried out by personal information
controllers or by those they instructed to do so;
c. Approval by the Commission prior to data sharing if the personal data to be shared is
under control or custody of the government;
d. Annual report on documented security incidents; and e. Compliance with other
requirements that may be provided in other issuances of the Commission.

a. The contents of registration shall include:

1. The name and address of the controller and of his representative, if any, including
their contact details;
2. The purpose or purposes of the processing;
3. A description of the category or categories of data subject and of the data or
categories of data relating to them;
4. The recipients or categories of recipient to whom the data might be disclosed;
5. Proposed transfers of data outside the Philippines; 6. A description of privacy and
security measures for data protection;
7. Name/address/contact details of the compliance officer; 8. Description of the
information and communications system; 9. Copy of all policies relating to data
governance, data privacy, and information security; and
[Link] to all certifications attained that are related to information and
communications processing.

b. In case of complaints or violations of the Act or these Rules, the failure to register shall be
taken into consideration in imposing the fine or penalty.
c. The procedure for registration shall be in accordance with these Rules and the issuances of
the Commission.

Section 48. Notification for automatic Processing Operations. The personal information controller
shall notify the Commission before carrying out any wholly or partly automatic processing
operations or set of such operations intended to serve a single purpose or several related
purposes, including passive collection of data. a. The contents of notification should sufficiently
detail the following information:
1. Purpose of processing;
2. Data or categories of data to undergo processing;
3. Category or categories of data subject;
4. The recipients or categories of recipient to whom the data are to be disclosed;
5. The length of time the data are to be stored;
6. Methods and logic utilized for automated processing 7. Any decisions relating to the
data subject that would be made on the basis of processed data or that would affect
adversely the rights and freedoms of data subject.
b. The Commission shall be given the identity of contact persons from the Personal
Information controller and any other body involved in processing of personal data with
their contact details, and which shall immediately be updated in case of changes.
c. No decision with legal effects concerning the data subject shall be made solely on the basis
of automated processing, unless data subject consents.
d. Any processing not in accordance with the notification and the declared purpose shall be
considered unauthorized, and subject to sanctions which include ban on processing or
fines, without prejudice to possible administrative, criminal, or civil liability.

Section 49. Approval of Data Sharing Agreements. The personal information controller seeking to
enter into a data sharing agreement with a natural or juridical person or other body with control
or custody of personal data shall enter into a formal data sharing agreement.
a. Prior approval of the Commission shall be required in cases where data sharing involves
personal data under control and custody of any government body, unless the proposed
data sharing is specifically authorized by law.
b. Data sharing for purpose of research shall require prior approval unless the Commission or
a body authorized by the Commission, or by law, has approved the protocol for the
proposed research.
c. Data Sharing should be in accordance with these Rules and other issuances of the

Section 50. Review by the Commission. The following are subject to review or inspection of the
Commission, upon its own initiative or upon complaint:
a. Compliance by a personal information controller or personal information processor with
the data privacy act, these Rules and other issuances of the Commission;
b. Compliance with the requirement of putting in place adequate safeguards for data privacy
and security;
c. Any data sharing agreement, outsourcing contract and similar contracts involving
processing of personal data, and its implementation, even those agreements that had
been previously approved or authorized by law;
d. Any off-site or online access to sensitive personal data in government allowed by head of
agency;
e. Processing of personal data for research purpose, public function, or commercial activities;
f. Any reported violation of the rights and freedoms of data subject;
g. Other matters necessary to ensure effective implementation of the Act, these Rules and
other issuances of the Commission.

Rule XII. Rules on Accountability

Section 51. Accountability for Transfer of Personal Information. Each personal information
controller is responsible for personal data under its control or custody, including information that
have been transferred to a personal information processor or 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 personal information
processor or 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 or individuals so designated shall be made known to any data subject upon
request.

Section 52. Accountability for violation of the Act, these Rules and other issuances.
a. Administrative Liability. Any natural or juridical person or other body involved in the
processing of personal data, and who fails to comply with the requirements of the Act,
these Rules and other issuances, shall be liable for the violation, and the corresponding
penalty or fine. In case the violation is committed by a personal information processor,
the penalty and fine shall be imposed on both the personal information controller and
processor.
b. Civil Liability. In cases where a data subject files a complaint for violation of his or her
rights as data subject, and for any injury suffered as a result of the processing of his or
her personal data, the liability shall be imposed on the personal information controller,
provided that the data subject may file the complaint against the personal information
processor
directly responsible for the violation, at his or her option. The personal information
processor, privacy officer, employees or agents, depending on the circumstance, may be
held jointly liable with personal information controller for the award of indemnity to the
data subject, without prejudice to any other sanction, fine or penalty that the
Commission may impose.
c. Criminal Liability. In case of criminal acts and corresponding personal penalties, the person
who committed the unlawful act or omission based on substantial evidence shall be
recommended for prosecution. The personal information controller or personal
information processor is the offender if the commission of the unlawful act or omission

Rule XIII. Penalties

Section 53. Unauthorized Processing of Personal Information and Sensitive Personal Information.
a. The unauthorized processing of personal information shall be penalized by imprisonment
ranging from one (1) year to three (3) years and a fine of not less than Five hundred
thousand pesos (Php500,000.00) but not more than Two million pesos
(Php2,000,000.00) shall be imposed on persons who process personal information
without the consent of the data subject, or without being authorized under this Act or
any existing law.
b. The unauthorized processing of sensitive personal 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 sensitive personal
information without the consent of the data subject, or without being authorized under
this Act or any existing law.

Section 54. 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 sensitive personal information without being authorized under this Act or any
existing law.

Section 55. Improper Disposal of Personal Information and Sensitive Personal Information.
a. The improper disposal of personal information shall be penalized by imprisonment ranging
from six (6) months to two (2) years and a fine of not less than One hundred thousand
pesos (Php100,000.00) but not more than Five hundred thousand pesos (Php500,000.00)
shall be imposed on persons who knowingly or negligently dispose, discard or abandon
the personal information of an individual in an area accessible to the public or has
otherwise placed the personal information of an individual in its container for trash
collection.
b. The improper disposal of sensitive personal information shall be penalized by
imprisonment ranging from one (1) year to three (3) years and a fine of not less than One
hundred thousand pesos (Php100,000.00) but not more than One million pesos
(Php1,000,000.00) shall be imposed on persons who knowingly or negligently dispose,
discard or abandon the sensitive personal information of an individual in an area
accessible to the public or has otherwise placed the sensitive personal information of an
individual in its container for trash collection.

Section 56. Processing of Personal Information and Sensitive Personal Information for
Unauthorized Purposes.
a. The processing of personal information for unauthorized purposes shall be penalized by

Section 57. 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 58. 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) of the Data Privacy Act,
intentionally or by omission conceals the fact of such security breach.

Section 59. 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 60. Unauthorized Disclosure.

a. Any personal information controller or personal information processor or any of its
officials, employees or agents, who discloses to a third party personal information not
covered by the immediately preceding section without the consent of the data subject,
shall 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 61. Combination or Series of Acts. Any combination or series of acts as defined in
Sections 53 to 60 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).

Section 62. 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
DISCLAIMER: CMI-JPIA do not claim any ownership to any of the review materials and questions included in this document. In accordance
with the Academic-Accounting Series 3 project, the accounting review materials are solely for academic/learning purposes only. Compiled
from various sources (textbooks, journals, and online resources), they acknowledge original authors' intellectual property rights. Hence,
the said documents must not be in anyways duplicated, produced and distributed for the purpose of selling and economic gain.
employee and he or she is found guilty of acts penalized under Sections 55 and 56 of these Rules,
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 63. Large-Scale. The maximum penalty in the scale of penalties respectively provided for
the preceding offenses shall be imposed when the personal data of at least one hundred (100)
persons is harmed, affected or involved as the result of the above mentioned actions.

Section 64. 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 65. Restitution. Pursuant to the exercise of its quasi-judicial functions, the Commission
shall award indemnity to an aggrieved party on the basis of the provisions of the New Civil Code.
Any complaint filed by a data subject shall be subject to payment of filing
fees unless data subject is an indigent.

Section 66. Fines and Penalties. Violations of the Data Privacy Act, these Rules, other issuances
and orders of the Commission, shall, upon notice and hearing, be subject to cease and desist
orders, temporary or permanent ban on the processing of personal data, and payment of fines
in accordance with a schedule to be published by the Commission.

Rule XIV. Miscellaneous Provisions

Section 67. Appeal. Appeal from decisions of the Commission shall be to the proper courts as
may be prescribed by law or rules.

Section 68. Period for Compliance. Any natural or juridical person or other body involved in the
processing of personal data shall comply with the personal data processing principles and
standards already laid out in the Data Privacy Act.

Personal information controllers and processors shall be given one year from the effectivity of
these rules to register their data processing systems or notify their automatic processing
operations to the Commission. Any subsequent issuance of the Commission including those that
implement specific standards for data portability, secure encryption, or other security measures
shall provide the period for its compliance.

For a period of one year from the effectivity of these Rules, a personal information controller
and/or processor may apply for extension of time to comply with the issuances of the
Commission, but only for good cause shown, and subject to the discretion of the Commission.

Section 69. Interpretation. Any doubt in the interpretation of any provision of this Act shall be
liberally interpreted in a manner that would uphold the rights and interests of the individual
about whom personal data is processed.

Section 70. 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 71. Repealing Clause. Except as otherwise expressly provided in the Act or these Rules,
all other laws, decrees, executive orders, proclamations and administrative regulations or parts
thereof inconsistent herewith are hereby repealed or modified accordingly.

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Data Privacy Act 2012 Regulations

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Data Privacy Act 2012 Regulations

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Republic of the Philippines

NATIONAL PRIVACY COMMISSION

Rule I. Preliminary Provisions

a. Act refers to the Data Privacy Act.

b. Breach is a security incident that leads to unlawful or unauthorized processing of personal,

e. Data subject refers to an individual whose personal, sensitive or privileged information is

f. Direct marketing refers to communication by whatever means of any advertising or

h. Information and Communications System refers to a system for generating, sending,

o. Sensitive personal information refers to personal information:

3. Information relating to a benefit of a financial nature conferred on an individual upon

Section 6. Protection Afforded to Journalists and their Sources.

Section 7. Protection afforded to Data Subjects.

Rule III. National Privacy Commission

Section 8. Mandate. The National Privacy Commission is an independent body mandated to

c. Public Education. The Commission shall undertake necessary or appropriate efforts to

e. Complaints and Investigations. The Commission shall adjudicate on complaints and

Rule IV. Data Privacy Principles

b. Personal data shall be processed fairly and lawfully

c. Processing should ensure data quality

Section 24. Surveillance of Suspects and Interception of Recording of Communications. The

Rule VI. Security Measures for Data Protection

Section 26. Guidelines for organizational security measures shall include:

Section 27. Guidelines for Physical security measures shall include:

Section 28. Guidelines for Technical security measures shall include:

Section 31. Requirements Relating to Access by Agency Personnel to Sensitive Personal

(a)An information technology governance framework has been designed and

Section 32. Implementation of Security Requirements. Notwithstanding the effective date of

Rule VIII. Rights of Data Subject

Rule IX. Data Breach Notification.

Section 38. Data Breach Notification.

Section 41. Breach Report.

Rule X. Outsourcing and Subcontracting Agreements.

Rule XI. Registration and Compliance Requirements

a. The contents of registration shall include:

Rule XII. Rules on Accountability

Rule XIII. Penalties

Section 60. Unauthorized Disclosure.

Rule XIV. Miscellaneous Provisions

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