REPUBLIC ACT NO.

10173
Data Privacy Act of 2012

In Philippine jurisdiction, the right to privacy is considered as a

fundamental right guaranteed by the Constitution. 1 The said right and its
other facets are enshrined in different provisions thereof, particularly
under the Bill of Rights, to wit:

"Sec. 3. (1) The privacy of communication and

correspondence shall be inviolable except upon lawful order of
the court, or when public safety or order requires otherwise as
prescribed by law.

"Sec. 1. No person shall be deprived of life, liberty, or

property without due process of law, nor shall any person be
denied the equal protection of the laws.

Sec. 2. The right of the people to be secure in their persons,

houses, papers, and effects against unreasonable searches and
seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall
issue except upon probable cause to be determined personally
by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and
particularly describing the place to be searched and the
persons or things to be seized.

Sec. 6. The liberty of abode and of changing the same

within the limits prescribed by law shall not be impaired except
upon lawful order of the court. Neither shall the right to travel
be impaired except in the interest of national security, public
safety, or public health, as may be provided by law.

Sec. 8. The right of the people, including those employed in

the public and private sectors, to form unions, associations, or
societies for purposes not contrary to law shall not be
abridged.

Sec. 17. No person shall be compelled to be a witness

against himself."
 Zones of privacy are likewise recognized in and protected by
Philippine laws. The Civil Code provides that “every person shall respect the
dignity, personality, privacy and peace of mind of his neighbors and other
persons” and punishes as actionable torts several acts by a person meddling
and prying into the privacy of another. 2It also holds a public officer or
employee or any private individual liable for damages for any violation of
the rights and liberties of another person,3 and recognizes the privacy of
letters and other private communications.4 The Revised Penal Code makes a
crime the violation of secrets by an officer, 5the revelation of trade and
industrial secrets,6 and trespass to dwelling.7 Invasion of privacy is an
offense in special laws like the Anti-Wiretapping Law, 8the Secrecy of Bank
Deposit Act9 and the Intellectual Property Code.10 The Rules of Court on
privileged communication likewise recognize the privacy of certain
11
information.
1
Ople vs. Torres, G.R. No. 127685. July 23, 1998
2
Article 26 of the Civil Code provides:
"Art. 26. Every person shall respect the dignity, personality, privacy and peace of mind of his
neighbors and other persons. The following and similar acts, though they may not constitute a
criminal offense, shall produce a cause of action for damages, prevention and other relief:
(1) Prying into the privacy of another's residence;
(2) Meddling with or disturbing the private life or family relations of another;
(3) Intriguing to cause another to be alienated from his friends;
(4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of
birth, physical defect, or other personal condition."
3
Article 32, Civil Code.
4
Article 723, Civil Code.
5
Article 229, Revised Penal Code.
6
Articles 290-292, Revised Penal Code.
7
Article 280, Revised Penal Code.
8
R.A. 4200.
9
R.A. 1405.
10
R.A. 8293.
11
Section 24, Rule 130 [C], Revised Rules on Evidence.

Policy
It is the policy of the State to protect the fundamental human right of privacy,
of communication while ensuring free flow of information to promote
innovation and growth. The State recognizes the vital role of information and
communications technology in nation-building and its inherent obligation to
ensure that personal information in information and communications systems
in the government and in the private sector are secured and protected

Definition of Terms
Data subject refers to an individual whose personal information is processed.
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.

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.

Personal information controller refers to a person or organization who controls

the collection, holding, processing or use of personal information, including a
person or organization who instructs another person or organization to
collect, hold, process, use, transfer or disclose personal information on his or
her behalf. The term excludes:
(1) A person or organization who performs such functions as instructed by
another person or organization; and
(2) An individual who collects, holds, processes or uses personal information
in connection with the individual’s personal, family or household affairs.

Personal information processor refers to any natural or juridical person

qualified to act as such under this Act to whom a personal information
controller may outsource the processing of personal data pertaining to a data
subject.

Scope of Application
The Act and these Rules apply to the processing of personal data by any natural
and juridical person in the government or private sector. They apply to an act
done or practice engaged in and outside of the Philippines if:
 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; or

d. The act, practice or processing of personal data is done or engaged in

by an entity with links to the Philippines, with due consideration to
international law and comity, such as, but not limited to, the
following:

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 is 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;

5. An entity that carries on business in the Philippines;

6. An entity that collects or holds personal data in the

Philippines.

The Act and these Rules shall not apply to the following specified information,
only to the minimum extent of collection, access, use, disclosure or other
processing necessary to the purpose, function, or activity concerned:

a. Information processed for purpose of allowing public access to

information that fall within matters of public concern, pertaining
to:

1. Information about any individual who is or was an officer or

employee of government that relates to his or her position or
functions, including:

(a) The fact that the individual is or was an officer or

employee of the government;
 (b) The title, office 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 he or she

prepared in the course of his or her employment with
the government;

2. Information about an individual who is or was performing a service

under contract for a government institution, but only in so far as it
relates to such service, including the name of the individual and the
terms of his or her contract;

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

an individual upon the discretion of the 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 they do not
include benefits given in the course of an ordinary transaction or as
a matter of right;

b. Personal information processed for journalistic, artistic or literary

purpose, in order to uphold freedom of speech, of expression, or of
the press, subject to requirements of other applicable law or
regulations;

c. Personal information that will be processed for research purpose,

intended for a public benefit, subject to the requirements of
applicable laws, regulations, or ethical standards; d. Information
necessary in order to carry out the functions of public authority, in
accordance with a constitutionally or statutorily mandated
function pertaining to law enforcement or regulatory function,
including the performance of the functions of the independent,
central monetary authority, subject to restrictions provided by
law. Nothing in this Act shall be construed as having 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. Information necessary for banks, other financial institutions under

the jurisdiction of the independent, central monetary authority or
Bangko Sentral ng Pilipinas, and other bodies authorized by law, to
the extent necessary to comply with Republic Act No. 9510 (CISA),
Republic Act No. 9160, as amended, otherwise known as the Anti-
Money Laundering Act, and other applicable laws;

f. 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, the applicable law shall be
presumed to be the Act and these Rules:

Provided, that the non-applicability of the Act or these Rules do not extend to
personal information controllers or personal information processors, who
remain subject to the requirements of implementing security measures for
personal data protection: Provided further, that the processing of the
information provided in the preceding paragraphs shall be exempted from the
requirements of the Act only to the minimum extent necessary to achieve the
specific purpose, function, or activity.

Data Privacy Principles

Principles of Transparency, Legitimate Purpose and Proportionality

The processing of personal data shall be allowed subject to adherence to the

principles of transparency, legitimate purpose, and proportionality.

a. Transparency. The data subject must be aware of the nature, purpose, and
extent of the processing of his or her personal data, including the risks and
safeguards involved, the identity of personal information controller, his or
her rights as a data subject, and how these can be exercised. Any
information and communication relating to the processing of personal data
should be easy to access and understand, using clear and plain language.

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, necessary, and not excessive in relation to a declared and specified
purpose. Personal data shall be processed only if the purpose of the
processing could not reasonably be fulfilled by other means.

Principles in Collection, Processing and

Retention
a. Collection must be for a specified and legitimate purpose

1. Consent is required prior to the collection and processing of personal

data, subject to exemptions provided by the Act and other applicable
laws and regulations. When consent is required, it must be time-
 bound in relation to the declared, specified and legitimate purpose.
Consent given may be withdrawn.

2. The data subject must be provided specific information regarding the

purpose and extent of processing, including, where applicable, the
automated processing of his or her personal data for profiling, or
processing for direct marketing, and data sharing.

3. Purpose should be determined and declared before, or as soon as

reasonably practicable, after collection.

4. Only personal data that is necessary and compatible with declared,

specified, and legitimate purpose shall be collected.

b. Personal Data shall be processed fairly and lawfully

1. Processing shall uphold the rights of the data subject, including the
right to refuse, withdraw consent, or object. It shall likewise be
transparent, and allow the data subject sufficient information to
know the nature and extent of processing.

2. Information provided to a data subject must always be in clear and

plain language to ensure that they are easy to understand and
access.

3. Processing must be in a manner compatible with declared, specified,

and legitimate purpose.

4. Processed personal data should be adequate, relevant, and limited to

what is necessary in relation to the purposes for which they are
processed.

5. Processing shall be undertaken in a manner that ensures appropriate

privacy and security safeguards.

c. Processing should ensure data quality

1. Personal data should be accurate and where necessary for declared,

specified and legitimate purpose, kept up to date.

2. 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 for as long as necessary:

(a) for the fulfillment of the declared, specified, and legitimate

purpose, or when the processing relevant to the purpose has
been terminated;
 (b) for the establishment, exercise or defense of legal claims; or

(c) for legitimate business purposes, which must be consistent with

standards followed by the applicable industry or approved by
appropriate government agency.

2. Retention of personal data shall be allowed in cases provided by law.

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 the interests of the data
subjects.

e. Any authorized further processing shall have adequate safeguards.

1. Personal data originally collected for a declared, specified, or legitimate

purpose may be processed further for historical, statistical, or
scientific purposes, and, in cases laid down in law, may be stored for
longer periods, subject to implementation of the appropriate
organizational, physical, and technical security measures required by
the Act in order to safeguard the rights and freedoms of the data
subject.

2. Personal data which is aggregated or kept in a form which does not

permit identification of data subjects may be kept longer than
necessary for the declared, specified, and legitimate purpose.

3. Personal data shall not be retained in perpetuity in contemplation of a

possible future use yet to be determined.

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 shall be allowed when it is expressly authorized by law:

Provided, that there are adequate safeguards for data privacy and
security, and processing adheres to principle of transparency,
legitimate purpose and proportionality.

b. Data Sharing shall be allowed in the private sector if the data subject
consents to data sharing, and the following conditions are complied
with:

1. Consent for data sharing shall be required even when the data is
to be shared with an affiliate or mother company, or similar
 relationships;

2. Data sharing for commercial purposes, including direct

marketing, shall be covered by a data sharing agreement.

(a) The data sharing agreement shall establish adequate

safeguards for data privacy and security, and uphold
rights of data subjects.

(b) The data sharing agreement shall be subject to

review by the Commission, on its own initiative or
upon complaint of data subject;

3. The data subject shall be provided with the following

information prior to collection or before data is shared:

(a) Identity of the personal information controllers or

personal information processors that will be given
access to the personal data;

(b) Purpose of data sharing;

(c) Categories of personal data concerned;

(d) Intended recipients or categories of recipients of the

personal data;

(e) Existence of the rights of data subjects, including the

right to access and correction, and the right to
object;

(f) Other information that would sufficiently notify the

data subject of the nature and extent of data
sharing and the manner of processing.

4. Further processing of shared data shall adhere to the data

privacy 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 when the personal data is publicly available,
or has the consent of the data subject for purpose of research:
Provided, that 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. The rights of the data subject shall be
upheld without compromising research integrity.

d. Data sharing between government agencies for the purpose of a public

function or provision of a public service shall be covered a data
sharing agreement.
 1. Any or all government agencies party to the agreement shall
comply with the Act, these Rules, and all other issuances
of the Commission, including putting in place adequate
safeguards for data privacy and security.

2. The data sharing agreement shall be subject to review of the

Commission, on its own initiative or upon complaint of
data subject.

Lawful Processing of Personal Data

Criteria for Lawful Processing of Personal Information. Processing of personal
information is allowed, unless prohibited by law. For processing to be lawful,
any of the following conditions must be complied with:

a. The data subject must have given his or her consent prior to the
collection, or as soon as practicable and reasonable;

b. The processing involves the 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 the said agreement;
c. The processing is necessary for compliance with a legal obligation to
which the personal information controller is subject;

d. The processing is necessary to protect vitally important interests of

the data subject, including his or her life and health;

e. The processing of personal information is 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 necessary for the fulfillment of the constitutional or
statutory mandate of a public authority; or

g. The processing is necessary to pursue the legitimate interests of 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.

Lawful Processing of Sensitive Personal

Information and Privileged Information
The processing of sensitive personal and privileged information is prohibited,
except in any of the following cases:

a. Consent is given by data subject, or by the parties to the exchange of

privileged information, prior to the processing of the sensitive personal
information or privileged information, which shall be undertaken pursuant
to a declared, specified, and legitimate purpose;

b. The processing of the sensitive personal information or privileged

information is provided for by existing laws and regulations: Provided, that
said laws and regulations do not require the consent of the data subject for
the processing, and guarantee the protection of personal data;

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 the purpose of medical treatment: Provided,

that it is carried out by a medical practitioner or a medical treatment
institution, and an adequate level of protection of personal data is ensured;
or

f. The processing concerns sensitive personal information or privileged

information 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 pursuant to a constitutional or statutory mandate.

Rights of 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
f. Right to damages.
a. Right to be informed

1. The data subject has a right to be informed whether personal data

pertaining to him or her shall be, are being, or have been processed,
including the existence of automated decision-making and profiling.

2. The data subject shall be notified and furnished with 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 will be processed, including
processing for direct marketing, profiling or historical,
statistical or scientific purpose;

(c) Basis of processing, when processing is not based on the

consent of the data subject;

(d) Scope and method of the personal data processing;

(e) The recipients or classes of recipients to whom the personal data

are or may be disclosed;

(f) Methods utilized for automated access, if the same is allowed by

the data subject, and the extent to which such access is
authorized, including meaningful information about the logic
involved, as well as the significance and the envisaged
consequences of such processing for the data subject;

(g) The identity and contact details of the personal data controller
or its representative; (h) The period for which the information
will be stored; and

(i) The existence of their rights as data subjects, 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 have the right to object to the processing of his or
her personal data, including processing for direct marketing, automated
processing or profiling. The data subject shall also be notified and given an
opportunity to withhold consent to the processing in case of changes or
any amendment to the information supplied or declared to the data subject
in the preceding paragraph.

When a data subject objects or withholds consent, the personal information

controller shall no longer process the personal data, unless:
 1. The personal data is needed pursuant to a subpoena;

2. 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. The information is being collected and processed as a result of a

legal obligation.

c. Right to access
The data subject has the right to reasonable access to, upon
demand, the following:

1. Contents of his or her personal data that were processed;

2. Sources from which personal data were obtained;

3. Names and addresses of recipients of the personal data;

4. Manner by which such data were processed;

5. Reasons for the disclosure of the personal data to recipients, if any;

6. Information on automated processes where the data will, or is likely

to, be made as the sole basis for any decision that significantly
affects or will affect the data subject;

7. Date when his or her personal data concerning the data subject
were last accessed and modified; and

8. The designation, name or identity, and address of the personal

information controller.

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 has been corrected, the personal
information controller shall ensure the accessibility of both the new and
the retracted information and the simultaneous receipt of the new and the
retracted information by the intended recipients thereof: Provided, That
recipients or 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 of any
of the following:

(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 data subject withdraws consent or objects to the

processing, and there is no other legal ground or overriding
legitimate interest for the processing;

(e) The personal data concerns private information that is

prejudicial to data subject, unless justified by freedom of speech,
of expression, or of the press or otherwise authorized;

(f) The processing is unlawful;

(g) The personal information controller or personal information

processor violated the rights of the data subject.

2. The personal information controller may notify third parties who have
previously received such processed personal information.

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, taking into account any violation of his or her rights
and freedoms as data subject.

Right to Data Portability

Where his or her personal data is processed by electronic means and in a
structured and commonly used format, the data subject shall have the right to
obtain from the personal information controller a copy of such data in an
electronic or structured format that is commonly used and allows for further
use by the data subject. The exercise of this right shall primarily take into
account the right of data subject to have control over his or her personal data
being processed based on consent or contract, for commercial purpose, or
through automated means. The Commission may specify the electronic format
referred to above, as well as the technical standards, modalities, procedures
and other rules for their transfer.