RA 10173: How do it affects intimately to ordinary people??
This law is known as “The Data Privacy Act of 2012” is a special law protecting the individual personal information and communication system in the government and in the private sector. It is a new law passed recently in the Congress. I’m just asking myself what this is all about and how does it affects me or to other people such as in the recent video of “Amalayer” posted in the internet. Does the female commuter have the right of action against the people who posted her video in the internet?
The video spread everywhere on the net, like twitter, facebook and others. Different reactions are coming from people. Different versions of amalayer video were created. This is a question in my mind, how does this “Data Privacy Act of 2012” works to Amalayer? To wit:
SEC. 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 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.
It is the policy of the state to protect the fundamental human right of privacy, so, where is the privacy of this “amalayer” the female commuter? My first question is, does her rights violated?
The scope of this “Data Privacy Act of 2012” doesn’t apply to all information. It has limitations. To wit:
SEC. 4. Scope. – This Act applies to the processing of all types of personal information and to any natural and juridical person involved in personal information processing including those personal information controllers and processors who, although not found or established in the Philippines, use equipment that are located in the Philippines, or those who maintain an office, branch or agency in the Philippines subject to the immediately succeeding paragraph: Provided, That the requirements of Section 5 are complied with.
This Act does not apply to the following:
(a) 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:
(1) The fact that the individual is or was an officer or employee of the government institution;
(2) The title, business address and office telephone number of the individual;
(3) The classification, salary range and responsibilities of the position held by the individual; and
(4) The name of the individual on a document prepared by the individual in the course of employment with the government;
(b) Information about an individual who is or was performing service under contract for a government institution that relates to the services performed, including the terms of the contract, and the name of the individual given in the course of the performance of those services;
(c) Information relating to any discretionary benefit of a financial nature such as the granting of a license or permit given by the government to an individual, including the name of the individual and the exact nature of the benefit;
(d) Personal information processed for journalistic, artistic, literary or research purposes;
(e) Information necessary in order to carry out the functions of public authority which includes the processing of personal data for the performance by the independent, central monetary authority and law enforcement and regulatory agencies of their constitutionally and statutorily mandated functions. Nothing in 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);
(f) 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; and
(g) 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
This Act has an extraterritorial application if the act, practice or processing relates to personal information about a Philippine citizen or a resident and the entity has a link with the Philippines, and the entity is processing personal information in the Philippines or even if the processing is outside the Philippines as long as it is about Philippine citizens or residents.
How this law affects to ordinary people? Does will affect it positively or negatively? What about if another Amalayer (the data subject) will comes in? Will he or she have right of actions that are available? And if he has, will he just be sleep with his right?
My second question is, was the manner of capturing and propagating of the video acceptable? The scenario was apparent that Amalayer (data subject) has no idea that somebody is capturing a video on her. Many accounts were created and people assumed that the owner of that accounts were Amalayer making it appear that data subject is in conspiracy with that scenario.
SEC. 12. Criteria for Lawful Processing of Personal Information. – The processing of personal information shall be permitted only if not otherwise prohibited by law, and when at least one of the following conditions exists:
(a) The data subject has given his or her consent;
(b) The processing of personal information is necessary and is related to the fulfillment of a contract with the data subject or in order to take steps at the request of the data subject prior to entering into a contract;
(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 life and health;
(e) The processing is necessary in order to respond to national emergency, to comply with the requirements of public order and safety, or to fulfill functions of public authority which necessarily includes the processing of personal data for the fulfillment of its mandate; or
(f) The processing is necessary for the purposes of the legitimate interests pursued by the personal information controller or by a third party or parties to whom the data is disclosed, except where such interests are overridden by fundamental rights and freedoms of the data subject which require protection under the Philippine Constitution.
My third question, is that the famous video of Amalayer a violation of “Data Privacy Act of 2012?
Reviewing the rights of the data subject? Does Amalayer exercised it? Are the provisions of law applicable to him? To wit:
SEC. 16. Rights of the Data Subject. – The data subject is entitled to:
(a) Be informed whether personal information pertaining to him or her shall be, are being or have been processed;
(b) Be furnished the information indicated hereunder before the entry of his or her personal information into the processing system of the personal information controller, or at the next practical opportunity:
(1) Description of the personal information to be entered into the system;
(2) Purposes for which they are being or are to be processed;
(3) Scope and method of the personal information processing;
(4) The recipients or classes of recipients to whom they are or may be disclosed;
(5) Methods utilized for automated access, if the same is allowed by the data subject, and the extent to which such access is authorized;
(6) The identity and contact details of the personal information controller or its representative;
(7) The period for which the information will be stored; and
(8) The existence of their rights, i.e., to access, correction, as well as the right to lodge a complaint before the Commission.
How safe our country nowadays? Technology is everywhere. It keeps on improving everyday. It is easy to capture a memory and upload in a minute. Are there laws that fully protecting the rights of people like amalayer? If there is, is it working and properly implemented or it is just legibly written?
“ Justice and power must be brought together, so that whatever is just may be powerful, and whatever is powerful may be just”
-Blaise Pascual
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