Data Privacy Act of 2012

The Data Privacy Act of 2012 is an act PROTECTING PERSONAL INFORMATION in INFORMATION AND COMMUNICATION SYSTEMS in the
GOVERNMENT and the PRIVATE SECTOR, creating for this purpose a National Privacy Commission, and for other purposes.

WHEN
The Implementing Rules and Regulations has already taken effect last SEPTEMBER 9, 2016.

WHO
All organizations (both private and public) which:

1. Employ 250 or more persons, or

2. Perform a process capturing sensitive and personal

information from records numbering at least 1,000
minimum.

WHY
It was created to:

PROTECT an individual’s information privacy

REGULATE collection, recording, organization,

storage, modification, retrieval, consultation, use,
consultation, blocking, erasure or destruction of
personal data

ENSURE that the Philippines comply with

international standards set for data protection
through the National Privacy Commission (NPC)

Other than the fact that Privacy is an inviolable human right, violations of the Data Privacy Act are punishable by law.

Sanctions for Violation NPC’s Five Data Privacy

IMPRISONMENT for IMPRISONMENT FINE (PESOS) FINE (PESOS)
Guidelines
PI* for SPI* for PI* for SPI*

UNAUTHORIZED Appoint a Data Protection

1 – 3 years 3 – 6 years 500K – 2M 500K – 4M
Processing Officer (DPO)
Access due to
1 – 3 years 3 – 6 years 500K – 2M 500K – 4M
NEGLIGENCE
Conduct Privacy Impact
IMPROPER
6 months – 2 years 1 – 3 years 100K – 500K 100K – 1M Assessment (PIA)
Disposal

UNAUTHORIZED
1.5 – 5 years 2 – 7 years 500K – 1M 500 – 2M Create a Privacy Management
Purposes
Program (PMP)
INTENTIONAL
1 – 3 years 500K – 2M
Breach

CONCEALING
1.5 – 5 years 500 – 1M
Implement Privacy and Data
Breach Protection measures
MALICIOUS
1.5 – 5 years 500 – 1M
Disclosure
Regularly Exercise Breach
UNAUTHORIZED Reporting Procedures
1 – 3 years 3 – 5 years 500K – 1M 500K – 2M
Disclosure
(BRP)
COMBINATION
3 – 6 years 1M – 5M
of Acts

*Personal Information
**Sensitive Personal Information

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