Definition of Policy

CHAPTER 1

Section 2. Policy

The state will protect:

• the fundamental human right of privacy
• communication while ensuring free flow of information

Section 3. Definition

(a) Commission = NPC

(b) Consent of the data subject = free agreement of the data subject to the collection and processing of his personal information

Consent is evidenced by: written electronic recording Consent can also be given on behalf of the data subject by an agent authorized by the data subject (c) Data subject refers to a person whose personal information is processed.

(d) Direct marketing

(e) Filing system = storage and retrieval system of information relating to a person

(f) Information and Communications System

(g) Personal information = information which can be used to identify an individual.

(h) Personal information controller = the organization who controls the personal information on behalf of that person. The term excludes:

(1) An entity who controls the info on behalf of another entity

(2) A person who controls personal information in connection with the individual’s personal, family or household affairs.

(i) Personal information processor = outsourcee of the personal information controller

(j) Processing

(k) Privileged information =

(l) Sensitive personal information

personal race ethnic origin marital status age color religious philosophical political affiliations health education, genetic or sexual life of any proceeding for any offense committed by such person, the disposal of such proceedings or the sentence of any court in such proceedings gov’t info social security numbers previous or current health records, licenses or its denials, suspension or revocation, and tax returns

Section 4. Scope

This only applies to data processed in the Philippines.

This Act does not apply to:

(a) information on gov’t employees on their gov’t info:

being part of the gov’t title, business address and office telephone number of the person The classification, salary range and responsibilities held by the person person’s name on gov’t documents (b) Information about persons contracting for gov’t

(c) Information relating to any financial benefit such as the granting of a license or permit from gov’t

(d) Personal information processed for journalistic, artistic, literary or research purposes;

(e) This does not affect

Republic Act No. 1405 Secrecy of Bank Deposits Act; Republic Act No. 6426, Foreign Currency Deposit Act Republic Act No. 9510, the Credit Information System Act (CISA); Republic Act No. 9510, and Republic Act No. 9160, Anti-Money Laundering Act (g) Personal information of foreign residents in accordance with the laws of those foreign jurisdictions, including any applicable data privacy laws, which is being processed in the Philippines.

SEC. 5. Protection for Journalists and Their Sources. – This does not affect Republic Act No. 53

SEC. 6. Extraterritorial Application. – This Act applies to acts done in the Philippines and overseas if:

(a) The act relates to personal information of a Philippine citizen or resident; (b) The entity has a link with the Philippines The entity is processing personal information in or outside of the Philippines as long as it is about Philippine citizens or residents such as: (1) A contract is entered in the Philippines; (2) A juridical entity unincorporated in the Philippines but has central management and control in the country; and (3) 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 information; and (1) The entity carries on business in the Philippines; and (2) The personal information was collected or held by an entity in the Philippines.