REPUBLIC ACT NO.

10173 transmission or storage of electronic data,

electronic message, or electronic document.
AN ACT PROTECTING INDIVIDUAL PERSONAL
INFORMATION IN INFORMATION AND (g) Personal information refers to any information
COMMUNICATIONS SYSTEMS IN THE GOVERNMENT whether recorded in a material form or not, from
AND THE PRIVATE SECTOR, CREATING FOR THIS which the identity of an individual is apparent or
PURPOSE A NATIONAL PRIVACY COMMISSION, AND can be reasonably and directly ascertained by the
FOR OTHER PURPOSES entity holding the information, or when put
together with other information would directly
Be it enacted, by the Senate and House of Representatives of and certainly identify an individual.
the Philippines in Congress assembled:
(h) Personal information controller refers to a
CHAPTER I person or organization who controls the
GENERAL PROVISIONS collection, holding, processing or use of personal
information, including a person or organization
Section 1. Short Title. – This Act shall be known as who instructs another person or organization to
the "Data Privacy Act of 2012″. collect, hold, process, use, transfer or disclose
personal information on his or her behalf. The
term excludes:
Section 2. Declaration of 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 (1) A person or organization who
promote innovation and growth. The State recognizes the performs such functions as instructed by
vital role of information and communications technology another person or organization; and
in nation-building and its inherent obligation to ensure
that personal information in information and (2) An individual who collects, holds,
communications systems in the government and in the processes or uses personal information in
private sector are secured and protected. connection with the individual’s personal,
family or household affairs.
Section 3. Definition of Terms. – Whenever used in this Act,
the following terms shall have the respective meanings (i) Personal information processor refers to any
hereafter set forth: natural or juridical person qualified to act as such
under this Act to whom a personal information
(a) Commission  shall refer to the National Privacy controller may outsource the processing of
Commission created by virtue of this Act. personal data pertaining to a data subject.

(b) Consent of the data subject refers to any freely (j) Processing refers to any operation or any set of
given, specific, informed indication of will, operations performed upon personal information
whereby the data subject agrees to the collection including, but not limited to, the collection,
and processing of personal information about recording, organization, storage, updating or
and/or relating to him or her. Consent shall be modification, retrieval, consultation, use,
evidenced by written, electronic or recorded consolidation, blocking, erasure or destruction of
means. It may also be given on behalf of the data data.
subject by an agent specifically authorized by the
data subject to do so. (k) Privileged information refers to any and all
forms of data which under the Rides of Court and
(c) Data subject refers to an individual whose other pertinent laws constitute privileged
personal information is processed. communication.

(d) Direct marketing refers to communication by (l) Sensitive personal information refers to

whatever means of any advertising or marketing personal information:
material which is directed to particular
individuals. (1) About an individual’s race, ethnic
origin, marital status, age, color, and
(e) Filing system refers to any act of information religious, philosophical or political
relating to natural or juridical persons to the affiliations;
extent that, although the information is not
processed by equipment operating automatically (2) About an individual’s health,
in response to instructions given for that purpose, education, genetic or sexual life of a
the set is structured, either by reference to person, or to any proceeding for any
individuals or by reference to criteria relating to offense committed or alleged to have
individuals, in such a way that specific information been committed by such person, the
relating to a particular person is readily disposal of such proceedings, or the
accessible. sentence of any court in such
proceedings;
(f) 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,
 (3) Issued by government agencies Deposits Act; Republic Act No. 6426, otherwise
peculiar to an individual which includes, known as the Foreign Currency Deposit Act; and
but not limited to, social security Republic Act No. 9510, otherwise known as the
numbers, previous or cm-rent health Credit Information System Act (CISA);
records, licenses or its denials,
suspension or revocation, and tax returns; (f) Information necessary for banks and other
and financial institutions under the jurisdiction of the
independent, central monetary authority or
(4) Specifically established by an Bangko Sentral ng Pilipinas to comply with
executive order or an act of Congress to Republic Act No. 9510, and Republic Act No. 9160,
be kept classified. as amended, otherwise known as the Anti-Money
Laundering Act and other applicable laws; and
Section 4. Scope. – This Act applies to the processing of all
types of personal information and to any natural and (g) Personal information originally collected from
juridical person involved in personal information residents of foreign jurisdictions in accordance
processing including those personal information with the laws of those foreign jurisdictions,
controllers and processors who, although not found or including any applicable data privacy laws, which
established in the Philippines, use equipment that are is being processed in the Philippines.
located in the Philippines, or those who maintain an office,
branch or agency in the Philippines subject to the Section 5. Protection Afforded to Journalists and Their
immediately succeeding paragraph: Provided, That the Sources. – Nothing in this Act shall be construed as to have
requirements of Section 5 are complied with. amended or repealed the provisions of Republic Act No.
53, which affords the publishers, editors or duly accredited
This Act does not apply to the following: reporters of any newspaper, magazine or periodical of
general circulation protection from being compelled to
(a) Information about any individual who is or reveal the source of any news report or information
was an officer or employee of a government appearing in said publication which was related in any
institution that relates to the position or functions confidence to such publisher, editor, or reporter.
of the individual, including:
Section 6. Extraterritorial Application. – This Act applies
(1) The fact that the individual is or was to an act done or practice engaged in and outside of the
an officer or employee of the government Philippines by an entity if:
institution;
(a) The act, practice or processing relates to
(2) The title, business address and office personal information about a Philippine citizen or
telephone number of the individual; a resident;

(3) The classification, salary range and (b) The entity has a link with the Philippines, and
responsibilities of the position held by the the entity is processing personal information in
individual; and the Philippines or even if the processing is outside
the Philippines as long as it is about Philippine
(4) The name of the individual on a citizens or residents such as, but not limited to, the
document prepared by the individual in following:
the course of employment with the
government; (1) A contract is entered in the
Philippines;
(b) Information about an individual who is or was
performing service under contract for a (2) A juridical entity unincorporated in
government institution that relates to the services the Philippines but has central
performed, including the terms of the contract, management and control in the country;
and the name of the individual given in the course and
of the performance of those services;
(3) An entity that has a branch, agency,
(c) Information relating to any discretionary office or subsidiary in the Philippines and
benefit of a financial nature such as the granting of the parent or affiliate of the Philippine
a license or permit given by the government to an entity has access to personal information;
individual, including the name of the individual and
and the exact nature of the benefit;
(c) The entity has other links in the Philippines
(d) Personal information processed for such as, but not limited to:
journalistic, artistic, literary or research purposes;
(1) The entity carries on business in the
(e) Information necessary in order to carry out the Philippines; and
functions of public authority which includes the
processing of personal data for the performance (2) The personal information was
by the independent, central monetary authority collected or held by an entity in the
and law enforcement and regulatory agencies of Philippines.
their constitutionally and statutorily mandated
functions. Nothing in this Act shall be construed as CHAPTER II
to have amended or repealed Republic Act No. THE NATIONAL PRIVACY COMMISSION
1405, otherwise known as the Secrecy of Bank
Section 7. Functions of the National Privacy Commission. relevant regulatory agencies in the formulation
– To administer and implement the provisions of this Act, and administration of privacy codes applying the
and to monitor and ensure compliance of the country with standards set out in this Act, with respect to the
international standards set for data protection, there is persons, entities, business activities and business
hereby created an independent body to be known as the sectors that said regulatory bodies are authorized
National Privacy Commission, winch shall have the to principally regulate pursuant to the
following functions: law: Provided, finally. That the Commission may
review such privacy codes and require changes
(a) Ensure compliance of personal information thereto for purposes of complying with this Act;
controllers with the provisions of this Act;
(k) Provide assistance on matters relating to
(b) Receive complaints, institute investigations, privacy or data protection at the request of a
facilitate or enable settlement of complaints national or local agency, a private entity or any
through the use of alternative dispute resolution person;
processes, adjudicate, award indemnity on
matters affecting any personal information, (l) Comment on the implication on data privacy of
prepare reports on disposition of complaints and proposed national or local statutes, regulations or
resolution of any investigation it initiates, and, in procedures, issue advisory opinions and interpret
cases it deems appropriate, publicize any such the provisions of this Act and other data privacy
report: Provided, That in resolving any complaint laws;
or investigation (except where amicable
settlement is reached by the parties), the (m) Propose legislation, amendments or
Commission shall act as a collegial body. For this modifications to Philippine laws on privacy or
purpose, the Commission may be given access to data protection as may be necessary;
personal information that is subject of any
complaint and to collect the information necessary (n) Ensure proper and effective coordination with
to perform its functions under this Act; data privacy regulators in other countries and
private accountability agents, participate in
(c) Issue cease and desist orders, impose a international and regional initiatives for data
temporary or permanent ban on the processing of privacy protection;
personal information, upon finding that the
processing will be detrimental to national security (o) Negotiate and contract with other data privacy
and public interest; authorities of other countries for cross-border
application and implementation of respective
(d) Compel or petition any entity, government privacy laws;
agency or instrumentality to abide by its orders or
take action on a matter affecting data privacy; (p) Assist Philippine companies doing business
abroad to respond to foreign privacy or data
(e) Monitor the compliance of other government protection laws and regulations; and
agencies or instrumentalities on their security and
technical measures and recommend the necessary (q) Generally perform such acts as may be
action in order to meet minimum standards for necessary to facilitate cross-border enforcement
protection of personal information pursuant to of data privacy protection.
this Act;
Section 8. Confidentiality. – The Commission shall ensure
(f) Coordinate with other government agencies at all times the confidentiality of any personal information
and the private sector on efforts to formulate and that comes to its knowledge and possession.
implement plans and policies to strengthen the
protection of personal information in the country;
Section 9. Organizational Structure of the Commission.
– The Commission shall be attached to the Department of
(g) Publish on a regular basis a guide to all laws Information and Communications Technology (DICT) and
relating to data protection; shall be headed by a Privacy Commissioner, who shall also
act as Chairman of the Commission. The Privacy
(h) Publish a compilation of agency system of Commissioner shall be assisted by two (2) Deputy Privacy
records and notices, including index and other Commissioners, one to be responsible for Data Processing
finding aids; Systems and one to be responsible for Policies and
Planning. The Privacy Commissioner and the two (2)
(i) Recommend to the Department of Justice (DOJ) Deputy Privacy Commissioners shall be appointed by the
the prosecution and imposition of penalties President of the Philippines for a term of three (3) years,
specified in Sections 25 to 29 of this Act; and may be reappointed for another term of three (3)
years. Vacancies in the Commission shall be filled in the
(j) Review, approve, reject or require modification same manner in which the original appointment was
of privacy codes voluntarily adhered to by made.
personal information controllers: Provided, That
the privacy codes shall adhere to the underlying The Privacy Commissioner must be at least thirty-five (35)
data privacy principles embodied in this years of age and of good moral character, unquestionable
Act: Provided, further,  That such privacy codes integrity and known probity, and a recognized expert in
may include private dispute resolution the field of information technology and data privacy. The
mechanisms for complaints against any Privacy Commissioner shall enjoy the benefits, privileges
participating personal information controller. For and emoluments equivalent to the rank of Secretary.
this purpose, the Commission shall consult with
The Deputy Privacy Commissioners must be recognized (f) Kept in a form which permits identification of
experts in the field of information and communications data subjects for no longer than is necessary for
technology and data privacy. They shall enjoy the benefits, the purposes for which the data were collected
privileges and emoluments equivalent to the rank of and processed: Provided, That personal
Undersecretary. information collected for other purposes may lie
processed for historical, statistical or scientific
The Privacy Commissioner, the Deputy Commissioners, or purposes, and in cases laid down in law may be
any person acting on their behalf or under their direction, stored for longer periods: Provided, further, That
shall not be civilly liable for acts done in good faith in the adequate safeguards are guaranteed by said laws
performance of their duties. However, he or she shall be authorizing their processing.
liable for willful or negligent acts done by him or her which
are contrary to law, morals, public policy and good The personal information controller must ensure
customs even if he or she acted under orders or implementation of personal information processing
instructions of superiors: Provided, That in case a lawsuit principles set out herein.
is filed against such official on the subject of the
performance of his or her duties, where such performance Section 12. Criteria for Lawful Processing of Personal
is lawful, he or she shall be reimbursed by the Commission Information. – The processing of personal information
for reasonable costs of litigation. shall be permitted only if not otherwise prohibited by law,
and when at least one of the following conditions exists:
Section 10. The Secretariat. – The Commission is hereby
authorized to establish a Secretariat. Majority of the (a) The data subject has given his or her consent;
members of the Secretariat must have served for at least
five (5) years in any agency of the government that is (b) The processing of personal information is
involved in the processing of personal information necessary and is related to the fulfillment of a
including, but not limited to, the following offices: Social contract with the data subject or in order to take
Security System (SSS), Government Service Insurance steps at the request of the data subject prior to
System (GSIS), Land Transportation Office (LTO), Bureau entering into a contract;
of Internal Revenue (BIR), Philippine Health Insurance
Corporation (PhilHealth), Commission on Elections
(c) The processing is necessary for compliance
(COMELEC), Department of Foreign Affairs (DFA),
with a legal obligation to which the personal
Department of Justice (DOJ), and Philippine Postal
information controller is subject;
Corporation (Philpost).

(d) The processing is necessary to protect vitally

CHAPTER III
important interests of the data subject, including
PROCESSING OF PERSONAL INFORMATION
life and health;
Section 11. General Data Privacy Principles. – The
(e) The processing is necessary in order to
processing of personal information shall be allowed,
respond to national emergency, to comply with
subject to compliance with the requirements of this Act
and other laws allowing disclosure of information to the the requirements of public order and safety, or to
fulfill functions of public authority which
public and adherence to the principles of transparency,
necessarily includes the processing of personal
legitimate purpose and proportionality.
data for the fulfillment of its mandate; or
Personal information must, be:
(f) The processing is necessary for the purposes of
the legitimate interests pursued by the personal
(a) Collected for specified and legitimate purposes information controller or by a third party or
determined and declared before, or as soon as parties to whom the data is disclosed, except
reasonably practicable after collection, and later where such interests are overridden by
processed in a way compatible with such declared, fundamental rights and freedoms of the data
specified and legitimate purposes only; subject which require protection under the
Philippine Constitution.
(b) Processed fairly and lawfully;
Section 13. Sensitive Personal Information and Privileged
(c) Accurate, relevant and, where necessary for Information. – The processing of sensitive personal
purposes for which it is to be used the processing information and privileged information shall be
of personal information, kept up to date; prohibited, except in the following cases:
inaccurate or incomplete data must be rectified,
supplemented, destroyed or their further (a) The data subject has given his or her consent,
processing restricted; specific to the purpose prior to the processing, or
in the case of privileged information, all parties to
(d) Adequate and not excessive in relation to the the exchange have given their consent prior to
purposes for which they are collected and processing;
processed;

(e) Retained only for as long as necessary for the

fulfillment of the purposes for which the data was
obtained or for the establishment, exercise or
defense of legal claims, or for legitimate business
purposes, or as provided by law; and
 (b) The processing of the same is provided for by (b) Be furnished the information indicated
existing laws and regulations: Provided, That such hereunder before the entry of his or her personal
regulatory enactments guarantee the protection of information into the processing system of the
the sensitive personal information and the personal information controller, or at the next
privileged information: Provided, further, That the practical opportunity:
consent of the data subjects are not required by
law or regulation permitting the processing of the (1) Description of the personal
sensitive personal information or the privileged information to be entered into the system;
information;
(2) Purposes for which they are being or
(c) The processing is necessary to protect the life are to be processed;
and health of the data subject or another person,
and the data subject is not legally or physically (3) Scope and method of the personal
able to express his or her consent prior to the information processing;
processing;
(4) The recipients or classes of recipients
(d) The processing is necessary to achieve the to whom they are or may be disclosed;
lawful and noncommercial objectives of public
organizations and their
(5) Methods utilized for automated
associations: Provided,  That such processing is
access, if the same is allowed by the data
only confined and related to the bona
subject, and the extent to which such
fide members of these organizations or their
access is authorized;
associations: Provided, further,  That the sensitive
personal information are not transferred to third
parties: Provided, finally, That consent of the data (6) The identity and contact details of the
subject was obtained prior to processing; personal information controller or its
representative;
(e) The processing is necessary for purposes of
medical treatment, is carried out by a medical (7) The period for which the information
practitioner or a medical treatment institution, will be stored; and
and an adequate level of protection of personal
information is ensured; or (8) The existence of their rights, i.e., to
access, correction, as well as the right to
(f) The processing concerns such personal lodge a complaint before the Commission.
information as is necessary for the protection of
lawful rights and interests of natural or legal Any information supplied or declaration made to
persons in court proceedings, or the the data subject on these matters shall not be
establishment, exercise or defense of legal claims, amended without prior notification of data
or when provided to government or public subject: Provided, That the notification under
authority. subsection (b) shall not apply should the personal
information be needed pursuant to a subpoena or
Section 14. Subcontract of Personal Information. – when the collection and processing are for
A personal information controller may subcontract the obvious purposes, including when it is necessary
processing of personal information: Provided, That the for the performance of or in relation to a contract
personal information controller shall be responsible for or service or when necessary or desirable in the
ensuring that proper safeguards are in place to ensure the context of an employer-employee relationship,
confidentiality of the personal information processed, between the collector and the data subject, or
prevent its use for unauthorized purposes, and generally, when the information is being collected and
comply with the requirements of this Act and other laws processed as a result of legal obligation;
for processing of personal information. The personal
information processor shall comply with all the (c) Reasonable access to, upon demand, the
requirements of this Act and other applicable laws. following:

Section 15. Extension of Privileged Communication. (1) Contents of his or her personal

– Personal information controllers may invoke the information that were processed;
principle of privileged communication over privileged
information that they lawfully control or process. Subject (2) Sources from which personal
to existing laws and regulations, any evidence gathered on information were obtained;
privileged information is inadmissible.
(3) Names and addresses of recipients of
CHAPTER IV the personal information;
RIGHTS OF THE DATA SUBJECT
(4) Manner by which such data were
Section 16. Rights of the Data Subject.  – The data subject is processed;
entitled to:
(5) Reasons for the disclosure of the
(a) Be informed whether personal information personal information to recipients;
pertaining to him or her shall be, are being or have
been processed; (6) Information on automated processes
where the data will or likely to be made as
the sole basis for any decision
 significantly affecting or will affect the processing of personal information gathered for the
data subject; purpose of investigations in relation to any criminal,
administrative or tax liabilities of a data subject.
(7) Date when his or her personal
information concerning the data subject CHAPTER V
were last accessed and modified; and SECURITY OF PERSONAL INFORMATION

(8) The designation, or name or identity Section 20. Security of Personal Information. – (a) The
and address of the personal information personal information controller must implement
controller; reasonable and appropriate organizational, physical and
technical measures intended for the protection of personal
(d) Dispute the inaccuracy or error in the personal information against any accidental or unlawful
information and have the personal information destruction, alteration and disclosure, as well as against
controller correct it immediately and accordingly, any other unlawful processing.
unless the request is vexatious or otherwise
unreasonable. If the personal information have (b) The personal information controller shall implement
been corrected, the personal information reasonable and appropriate measures to protect personal
controller shall ensure the accessibility of both the information against natural dangers such as accidental loss
new and the retracted information and the or destruction, and human dangers such as unlawful
simultaneous receipt of the new and the retracted access, fraudulent misuse, unlawful destruction, alteration
information by recipients thereof: Provided, That and contamination.
the third parties who have previously received
such processed personal information shall he (c) The determination of the appropriate level of security
informed of its inaccuracy and its rectification under this section must take into account the nature of the
upon reasonable request of the data subject; personal information to be protected, the risks
represented by the processing, the size of the organization
(e) Suspend, withdraw or order the blocking, and complexity of its operations, current data privacy best
removal or destruction of his or her personal practices and the cost of security implementation. Subject
information from the personal information to guidelines as the Commission may issue from time to
controller’s filing system upon discovery and time, the measures implemented must include:
substantial proof that the personal information
are incomplete, outdated, false, unlawfully (1) Safeguards to protect its computer network
obtained, used for unauthorized purposes or are against accidental, unlawful or unauthorized
no longer necessary for the purposes for which usage or interference with or hindering of their
they were collected. In this case, the personal functioning or availability;
information controller may notify third parties
who have previously received such processed (2) A security policy with respect to the
personal information; and processing of personal information;

(f) Be indemnified for any damages sustained due (3) A process for identifying and accessing
to such inaccurate, incomplete, outdated, false, reasonably foreseeable vulnerabilities in its
unlawfully obtained or unauthorized use of computer networks, and for taking preventive,
personal information. corrective and mitigating action against security
incidents that can lead to a security breach; and
Section 17. Transmissibility of Rights of the Data Subject.
– The lawful heirs and assigns of the data subject may (4) Regular monitoring for security breaches and a
invoke the rights of the data subject for, which he or she is process for taking preventive, corrective and
an heir or assignee at any time after the death of the data mitigating action against security incidents that
subject or when the data subject is incapacitated or can lead to a security breach.
incapable of exercising the rights as enumerated in the
immediately preceding section.
(d) The personal information controller must further
ensure that third parties processing personal information
Section 18. Right to Data Portability. – The data subject on its behalf shall implement the security measures
shall have the right, where personal information is required by this provision.
processed by electronic means and in a structured and
commonly used format, to obtain from the personal
(e) The employees, agents or representatives of a personal
information controller a copy of data undergoing
information controller who are involved in the processing
processing in an electronic or structured format, which is
of personal information shall operate and hold personal
commonly used and allows for further use by the data
information under strict confidentiality if the personal
subject. The Commission may specify the electronic format
information are not intended for public disclosure. This
referred to above, as well as the technical standards,
obligation shall continue even after leaving the public
modalities and procedures for their transfer.
service, transfer to another position or upon termination
of employment or contractual relations.
Section 19. Non-Applicability. – The immediately
preceding sections are not applicable if the processed
(f) The personal information controller shall promptly
personal information are used only for the needs of
notify the Commission and affected data subjects when
scientific and statistical research and, on the basis of such,
sensitive personal information or other information that
no activities are carried out and no decisions are taken
may, under the circumstances, be used to enable identity
regarding the data subject: Provided,  That the personal
fraud are reasonably believed to have been acquired by an
information shall be held under strict confidentiality and
unauthorized person, and the personal information
shall be used only for the declared purpose. Likewise, the
controller or the Commission believes (bat such
immediately preceding sections are not applicable to
unauthorized acquisition is likely to give rise to a real risk and Online Access – Except as may be allowed through
of serious harm to any affected data subject. The guidelines to be issued by the Commission, no employee of
notification shall at least describe the nature of the breach, the government shall have access to sensitive personal
the sensitive personal information possibly involved, and information on government property or through online
the measures taken by the entity to address the breach. facilities unless the employee has received a security
Notification may be delayed only to the extent necessary to clearance from the head of the source agency.
determine the scope of the breach, to prevent further
disclosures, or to restore reasonable integrity to the (b) Off-site Access – Unless otherwise provided in
information and communications system. guidelines to be issued by the Commission, sensitive
personal information maintained by an agency may not be
(1) In evaluating if notification is unwarranted, the transported or accessed from a location off government
Commission may take into account compliance by property unless a request for such transportation or access
the personal information controller with this is submitted and approved by the head of the agency in
section and existence of good faith in the accordance with the following guidelines:
acquisition of personal information.
(1) Deadline for Approval or Disapproval – In the
(2) The Commission may exempt a personal case of any request submitted to the head of an
information controller from notification where, in agency, such head of the agency shall approve or
its reasonable judgment, such notification would disapprove the request within two (2) business
not be in the public interest or in the interests of days after the date of submission of the request. In
the affected data subjects. case there is no action by the head of the agency,
then such request is considered disapproved;
(3) The Commission may authorize postponement
of notification where it may hinder the progress of (2) Limitation to One thousand (1,000) Records –
a criminal investigation related to a serious If a request is approved, the head of the agency
breach. shall limit the access to not more than one
thousand (1,000) records at a time; and
CHAPTER VI
ACCOUNTABILITY FOR TRANSFER OF PERSONAL (3) Encryption – Any technology used to store,
INFORMATION transport or access sensitive personal information
for purposes of off-site access approved under this
Section 21. Principle of Accountability. –  Each personal subsection shall be secured by the use of the most
information controller is responsible for personal secure encryption standard recognized by the
information under its control or custody, including Commission.
information that have been transferred to a third party for
processing, whether domestically or internationally, The requirements of this subsection shall be implemented
subject to cross-border arrangement and cooperation. not later than six (6) months after the date of the
enactment of this Act.
(a) The personal information controller is
accountable for complying with the requirements Section 24. Applicability to Government Contractors. – In
of this Act and shall use contractual or other entering into any contract that may involve accessing or
reasonable means to provide a comparable level requiring sensitive personal information from one
of protection while the information are being thousand (1,000) or more individuals, an agency shall
processed by a third party. require a contractor and its employees to register their
personal information processing system with the
(b) The personal information controller shall Commission in accordance with this Act and to comply
designate an individual or individuals who are with the other provisions of this Act including the
accountable for the organization’s compliance immediately preceding section, in the same manner as
with this Act. The identity of the individual(s) so agencies and government employees comply with such
designated shall be made known to any data requirements.
subject upon request.
CHAPTER VIII
CHAPTER VII PENALTIES
SECURITY OF SENSITIVE PERSONAL
INFORMATION IN GOVERNMENT Section 25. Unauthorized Processing of Personal
Information and Sensitive Personal Information. – (a) The
Section 22. Responsibility of Heads of Agencies. – All unauthorized processing of personal information shall be
sensitive personal information maintained by the penalized by imprisonment ranging from one (1) year to
government, its agencies and instrumentalities shall be three (3) years and a fine of not less than Five hundred
secured, as far as practicable, with the use of the most thousand pesos (Php500,000.00) but not more than Two
appropriate standard recognized by the information and million pesos (Php2,000,000.00) shall be imposed on
communications technology industry, and as persons who process personal information without the
recommended by the Commission. The head of each consent of the data subject, or without being authorized
government agency or instrumentality shall be responsible under this Act or any existing law.
for complying with the security requirements mentioned
herein while the Commission shall monitor the compliance
and may recommend the necessary action in order to
satisfy the minimum standards.

Section 23. Requirements Relating to Access by Agency

Personnel to Sensitive Personal Information. – (a) On-site
(b) The unauthorized processing of personal sensitive authorized by the data subject, or otherwise authorized
information shall be penalized by imprisonment ranging under this Act or under existing laws.
from three (3) years to six (6) years and a fine of not less
than Five hundred thousand pesos (Php500,000.00) but Section 29. Unauthorized Access or Intentional Breach.
not more than Four million pesos (Php4,000,000.00) shall – The penalty of imprisonment ranging from one (1) year
be imposed on persons who process personal information to three (3) years and a fine of not less than Five hundred
without the consent of the data subject, or without being thousand pesos (Php500,000.00) but not more than Two
authorized under this Act or any existing law. million pesos (Php2,000,000.00) shall be imposed on
persons who knowingly and unlawfully, or violating data
Section 26. Accessing Personal Information and Sensitive confidentiality and security data systems, breaks in any
Personal Information Due to Negligence. – (a) Accessing way into any system where personal and sensitive
personal information due to negligence shall be penalized personal information is stored.
by imprisonment ranging from one (1) year to three (3)
years and a fine of not less than Five hundred thousand Section 30. Concealment of Security Breaches Involving
pesos (Php500,000.00) but not more than Two million Sensitive Personal Information. –  The penalty of
pesos (Php2,000,000.00) shall be imposed on persons imprisonment of one (1) year and six (6) months to five
who, due to negligence, provided access to personal (5) years and a fine of not less than Five hundred thousand
information without being authorized under this Act or pesos (Php500,000.00) but not more than One million
any existing law. pesos (Php1,000,000.00) shall be imposed on persons
who, after having knowledge of a security breach and of
(b) Accessing sensitive personal information due to the obligation to notify the Commission pursuant to
negligence shall be penalized by imprisonment ranging Section 20(f), intentionally or by omission conceals the fact
from three (3) years to six (6) years and a fine of not less of such security breach.
than Five hundred thousand pesos (Php500,000.00) but
not more than Four million pesos (Php4,000,000.00) shall Section 31. Malicious Disclosure. – Any personal
be imposed on persons who, due to negligence, provided information controller or personal information processor
access to personal information without being authorized or any of its officials, employees or agents, who, with
under this Act or any existing law. malice or in bad faith, discloses unwarranted or false
information relative to any personal information or
Section 27. Improper Disposal of Personal Information and personal sensitive information obtained by him or her,
Sensitive Personal Information. – (a) The improper disposal shall be subject to imprisonment ranging from one (1) year
of personal information shall be penalized by and six (6) months to five (5) years and a fine of not less
imprisonment ranging from six (6) months to two (2) than Five hundred thousand pesos (Php500,000.00) but
years and a fine of not less than One hundred thousand not more than One million pesos (Php1,000,000.00).
pesos (Php100,000.00) but not more than Five hundred
thousand pesos (Php500,000.00) shall be imposed on Section 32. Unauthorized Disclosure. – (a) Any personal
persons who knowingly or negligently dispose, discard or information controller or personal information processor
abandon the personal information of an individual in an or any of its officials, employees or agents, who discloses to
area accessible to the public or has otherwise placed the a third party personal information not covered by the
personal information of an individual in its container for immediately preceding section without the consent of the
trash collection. data subject, shall he subject to imprisonment ranging
from one (1) year to three (3) years and a fine of not less
b) The improper disposal of sensitive personal information than Five hundred thousand pesos (Php500,000.00) but
shall be penalized by imprisonment ranging from one (1) not more than One million pesos (Php1,000,000.00).
year to three (3) years and a fine of not less than One
hundred thousand pesos (Php100,000.00) but not more (b) Any personal information controller or personal
than One million pesos (Php1,000,000.00) shall be information processor or any of its officials, employees or
imposed on persons who knowingly or negligently dispose, agents, who discloses to a third party sensitive personal
discard or abandon the personal information of an information not covered by the immediately preceding
individual in an area accessible to the public or has section without the consent of the data subject, shall be
otherwise placed the personal information of an individual subject to imprisonment ranging from three (3) years to
in its container for trash collection. five (5) years and a fine of not less than Five hundred
thousand pesos (Php500,000.00) but not more than Two
Section 28. Processing of Personal Information and million pesos (Php2,000,000.00).
Sensitive Personal Information for Unauthorized Purposes.
– The processing of personal information for unauthorized Section 33. Combination or Series of Acts. – Any
purposes shall be penalized by imprisonment ranging from combination or series of acts as defined in Sections 25 to
one (1) year and six (6) months to five (5) years and a fine 32 shall make the person subject to imprisonment ranging
of not less than Five hundred thousand pesos from three (3) years to six (6) years and a fine of not less
(Php500,000.00) but not more than One million pesos than One million pesos (Php1,000,000.00) but not more
(Php1,000,000.00) shall be imposed on persons processing than Five million pesos (Php5,000,000.00).
personal information for purposes not authorized by the
data subject, or otherwise authorized under this Act or Section 34. Extent of Liability. – If the offender is a
under existing laws. corporation, partnership or any juridical person, the
penalty shall be imposed upon the responsible officers, as
The processing of sensitive personal information for the case may be, who participated in, or by their gross
unauthorized purposes shall be penalized by negligence, allowed the commission of the crime. If the
imprisonment ranging from two (2) years to seven (7) offender is a juridical person, the court may suspend or
years and a fine of not less than Five hundred thousand revoke any of its rights under this Act. If the offender is an
pesos (Php500,000.00) but not more than Two million alien, he or she shall, in addition to the penalties herein
pesos (Php2,000,000.00) shall be imposed on persons prescribed, be deported without further proceedings after
processing sensitive personal information for purposes not serving the penalties prescribed. If the offender is a public
official or employee and lie or she is found guilty of acts Section 44. Repealing Clause. – The provision of Section 7
penalized under Sections 27 and 28 of this Act, he or she of Republic Act No. 9372, otherwise known as the "Human
shall, in addition to the penalties prescribed herein, suffer Security Act of 2007″, is hereby amended. Except as
perpetual or temporary absolute disqualification from otherwise expressly provided in this Act, all other laws,
office, as the case may be. decrees, executive orders, proclamations and
administrative regulations or parts thereof inconsistent
Section 35. Large-Scale. –  The maximum penalty in the herewith are hereby repealed or modified accordingly.
scale of penalties respectively provided for the preceding
offenses shall be imposed when the personal information Section 45. Effectivity Clause. – This Act shall take effect
of at least one hundred (100) persons is harmed, affected fifteen (15) days after its publication in at least two (2)
or involved as the result of the above mentioned actions. national newspapers of general circulation.

Section 36. 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 he applied.

Section 37. Restitution. – Restitution for any aggrieved

party shall be governed by the provisions of the New Civil
Code.

CHAPTER IX
MISCELLANEOUS PROVISIONS

Section 38. Interpretation. – Any doubt in the

interpretation of any provision of this Act shall be liberally
interpreted in a manner mindful of the rights and interests
of the individual about whom personal information is
processed.

Section 39. Implementing Rules and Regulations (IRR). –

Within ninety (90) days from the effectivity of this Act, the
Commission shall promulgate the rules and regulations to
effectively implement the provisions of this Act.

Section 40. Reports and 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 41. Appropriations Clause. – The Commission shall

be provided with an initial appropriation of Twenty
million pesos (Php20,000,000.00) to be drawn from the
national government. Appropriations for the succeeding
years shall be included in the General Appropriations Act.
It shall likewise receive Ten million pesos
(Php10,000,000.00) per year for five (5) years upon
implementation of this Act drawn from the national
government.

Section 42. Transitory Provision. – Existing industries,

businesses and offices affected by the implementation of
this Act shall be given one (1) year transitory period from
the effectivity of the IRR or such other period as may be
determined by the Commission, to comply with the
requirements of this Act.

In case that the DICT has not yet been created by the time
the law takes full force and effect, the National Privacy
Commission shall be attached to the Office of the President.

Section 43. 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.