Republic Act 10173 Data Privacy Act of 2012 (DPA)
“An act protecting individual personal information in information and communications systems in the government and the private sector, creating for this purpose a National Privacy Commission, and for other purposes”
Philippine Data Privacy Act of 2012 (RA 10173)Kirk Go
Republic Act 10173 otherwise known as the Data Privacy Act of 2012. This version presents Implementing Rules and Regulations (IRR) for the Act. It outlines provisions, scope, privacy principles, lawful processing of data, security measures, rights of data subject, accountability, penalties, and others.
The Philippine Bill of Rights: Civil Rightsbrianbelen
Lecture slides for an undergraduate class on Philippine Politics and Governance I taught between 2003 and 2005.
This is the first of two slides dealing with the Bill of Rights enshrined in the 1987 Philippine Constitution. The slides specifically cover civil rights.
These slides were prepared using Powerpoint XP.
~~~~~~~~~~~~~~~~
http://brianbelen.blogspot.com
http://brianbelen.wordpress.com
Philippine Data Privacy Act of 2012 (RA 10173)Kirk Go
Republic Act 10173 otherwise known as the Data Privacy Act of 2012. This version presents Implementing Rules and Regulations (IRR) for the Act. It outlines provisions, scope, privacy principles, lawful processing of data, security measures, rights of data subject, accountability, penalties, and others.
The Philippine Bill of Rights: Civil Rightsbrianbelen
Lecture slides for an undergraduate class on Philippine Politics and Governance I taught between 2003 and 2005.
This is the first of two slides dealing with the Bill of Rights enshrined in the 1987 Philippine Constitution. The slides specifically cover civil rights.
These slides were prepared using Powerpoint XP.
~~~~~~~~~~~~~~~~
http://brianbelen.blogspot.com
http://brianbelen.wordpress.com
Data Privacy Act of 2012 implication to cooperativesjo bitonio
Whether the cooperatives registered under the Cooperative Development Authority (CDA) are covered by the DPA;
If indeed the cooperatives are covered by the law, determine the following:
Obligations of cooperatives
Reportorial requirements to be submitted to the NPC
Compliance period for such requirements
Penalties for non-compliance; and
Where cooperatives may course through or communicate other concerns regarding data privacy.
Explanation and Summary of Legislative Department in Article VI of the Philippine Constitution.
Reference Book: Philippine Governance and the 1987 Constitution
When doing business online, entrepreneurs need to know about the Philippines E-Commerce Law or Republic Act 8792. Making sure their systems and processes are compliant. Know about the legal accountabilities indicated in the law.
Learn more at
http://ecommercebootcamp.digitalfilipino.com/lesson/the-e-commerce-law/
Read the full text at
http://digitalfilipino.com/the-philippines-e-commerce-law-republic-act-no-8792/
Personal Data and Information Classification under Data Privacy Act of the Ph...ABLoveria
Discusses the coverage of personal information, sensitive personal information and data and information not covered by the Data Privacy Act 2012 of the Philippines. Philippine Law.
Data Privacy Act of 2012 implication to cooperativesjo bitonio
Whether the cooperatives registered under the Cooperative Development Authority (CDA) are covered by the DPA;
If indeed the cooperatives are covered by the law, determine the following:
Obligations of cooperatives
Reportorial requirements to be submitted to the NPC
Compliance period for such requirements
Penalties for non-compliance; and
Where cooperatives may course through or communicate other concerns regarding data privacy.
Explanation and Summary of Legislative Department in Article VI of the Philippine Constitution.
Reference Book: Philippine Governance and the 1987 Constitution
When doing business online, entrepreneurs need to know about the Philippines E-Commerce Law or Republic Act 8792. Making sure their systems and processes are compliant. Know about the legal accountabilities indicated in the law.
Learn more at
http://ecommercebootcamp.digitalfilipino.com/lesson/the-e-commerce-law/
Read the full text at
http://digitalfilipino.com/the-philippines-e-commerce-law-republic-act-no-8792/
Personal Data and Information Classification under Data Privacy Act of the Ph...ABLoveria
Discusses the coverage of personal information, sensitive personal information and data and information not covered by the Data Privacy Act 2012 of the Philippines. Philippine Law.
Philippine Data Privacy Law is in Republic Act No. 10173, otherwise known as the " Data Privacy Act of 2012".
In summary:
1) Processing of personal information is allowed – so long as it complies with the law.
2) As much as possible, consent should be obtained from the Data Subject for the processing of personal information.
3) The confidentiality, integrity, and availability of the personal information should be ensured.
4) Sensitive and personal information are prohibited – unless in exceptional cases.
5) Philippine Data Privacy Law has extraterritorial application and thus violations may be penalized even if done outside the Philippines.
The Relationship between Performance Evaluation System and the Level of Motiv...Shirley Ingles-Cruz
A study of the relationship between performance evaluation system and the level of motivation of librarian working in a special libraries in the Philippines
Negotiation Power Skills Applied in Library Services ManagementShirley Ingles-Cruz
“Negotiation is a process of forming an agreement on how two parties should proceed and act in accordance with a potential trading agreement or customer/supplier relationship. (sales-evaluation.com)
“Negotiation is a field of knowledge and endeavor that focuses on gaining the favor of people from whom we want things.” (Cohen, Herb)
The idea on this presentation is largely drawn from the result of the research study commissioned by both the Financial Times and the Special Libraries Association (SLA) in 2013.
In order to apply the so called “modern leadership techniques”, it would be best to explore first and have a better understanding of the evolving value of information management in today’s society based on the facts that were the result of the study gathered by Financial Times and SLA.
Competencies and Job Assessment of Information Professionals in the 21st CenturyShirley Ingles-Cruz
This article is primarily based on the “Competencies for Information Professionals (IP) of the 21st Century” prepared for the Special Libraries Association Board of Directors which has been constantly updated and reviewed by the Special Committee on Competencies for Special Librarians.
It is a general idea as well as a comparative analysis of competencies required of IPs to have a better understanding of what is expected of them in the 21st century.
How the ASLP was able to rise amidst its difficulties by enhancing the conduct of managing the association in order to be future ready and to be able to continuously sustain the association in the years to come.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Military Commissions details LtCol Thomas Jasper as Detailed Defense Counsel
Data Privacy Act in the Philippines
1. DATA PRIVACY IN THE PHILIPPINES
SLA Asian Chapter Meeting & Panel Discussion
@ SLA Annual Conference & Info-Expo
12 June 2018
Baltimore Convention Center
Maryland, USA
Shirley Ingles-
Cruz
singlescruz@gmail.com
4. REPUBLIC ACT 10173
DATA PRIVACY ACT OF 2012 (DPA)
“An act protecting individual personal information
in information and communications systems in
the government and the private sector, creating
for this purpose a National Privacy
Commission, and for other purposes”
6. BACKGROUND
The Philippines has a growing and important business process
management and health information technology industry.
Total IT spending reached $4.4 billion in 2016, and expected to
more than double by 2020.
The country is also in the process of enabling free public Wi-Fi.
rapid growth of the digital economy and increasing international trade
of data
Filipinos are heavy social media users
67M internet users – world’s #1 in terms of social media usage (Digital
2018 by Hootsuite, and We Are Social Ltd.)
Facebook users – 30M in 2013 to 67M in 2017
Source: https://iapp.org/news/a/summary-philippines-data-protection-act-and-implementing-regulations/
12. THE JOURNEY OF THE DPA
European Union’s 1995 Data Protection Directive
Electronic Commerce Act of 2000 (R.A. No. 8792) – recognition and use of
electronic commercial and non-commercial transactions and documents
membership in the Asia-Pacific Economic Cooperation (APEC) -- Privacy
Framework in 2005
DTI Administrative Order No. 8 in 2006 -- which prescribed guidelines for a
local data protection certification system
The DPA was signed into law in 2012, with the local BPO sector as its most
visible endorser
Creation of the Dept. of Information and Communications Technology (DITC)
in 2015 (R.A. No. 10844)
The activation of the National Privacy Commission (NPC) in 2016
DPA’s Implementing Rules and Regulations was put in effect on September 9,
2016
Source: http://www.gmanetwork.com/news/opinion/content/640737/introducing-data-privacy/story/
13. PROVISION OF THE DPA
Chapter I – General Provisions
Chapter II – The National Privacy Commission
Chapter III – Processing of Personal Information
Chapter IV – Rights of the Data Subject
Chapter V – Security of Personal Information
Chapter VI – Accountability for Transfer of Personal
Information
Chapter VII – Security of Sensitive Personal Information in
Government
Chapter VIII – Penalties
Chapter IX – Miscellaneous Provisions
Source: https://privacy.gov.ph/data-privacy-act/
14. SCOPE
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 …
15. SCOPE
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;
16. SCOPE
(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;
17. SCOPE
(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.
(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.
18. APPROACH OF THE GOVERNMENT
The processing of personal data shall be allowed
subject to adherence to the principles of:
transparency
legitimate purpose
proportionality
19. DATA PROCESSING AND CONSENT
Collection of personal data must be:
Declared
Specified
Legitimate purpose
20. DATA PROCESSING AND CONSENT
Consent is required prior to the collection
of all personal data.
the data subject must be informed about the extent and
purpose of processing
for the “automated processing of his or her personal data
for profiling, or processing for direct marketing, and data
sharing”
for sharing information with affiliates or even mother
companies
must be “freely given, specific, informed,” and must be
evidenced by recorded means
21. DATA PROCESSING AND CONSENT
Consent is not required for processing where the
data subject is party to a contractual agreement, for
purposes of fulfilling that contract.
for protection of the vital interests of the data subject
to response to a national emergency
for the legitimate interests of the data controller
22. AGREEMENT
“The law requires that when sharing data, the sharing
be covered by an agreement that provides
adequate safeguards for the rights of data subjects,
and that these agreements are subject to review by
the National Privacy Commission”
23. SENSITIVE PERSONAL INFORMATION
The law defines sensitive personal information as being:
About an individual’s race, ethnic origin, marital status, age,
color, and religious, philosophical or political affiliations;
About an individual’s health, education, genetic or sexual
life of a person, or to any proceeding or any offense
committed or alleged to have committed;
Issued by government agencies “peculiar” (unique) to an
individual, such as social security number;
Marked as classified by executive order or act of Congress.
24. SENSITIVE PERSONAL INFORMATION
All processing of sensitive and personal information is
prohibited except in certain circumstances.
Consent of the data subject;
Pursuant to law that does not require consent;
Necessity to protect life and health of a person;
Necessity for medical treatment;
Necessity to protect the lawful rights of data subjects in
court proceedings, legal proceedings, or regulation.
25. PENALTIES
Ranging from P100,000 to P5,000,000
(approximately US$2,000 to US$100,000)
Imprisonment of 1 year up to 6 years
Unauthorized Processing of Personal Information and Sensitive
Personal Information
Accessing Personal Information and Sensitive Personal
Information Due to Negligence.
Improper Disposal of Personal Information and Sensitive
Personal Information
Processing of Personal Information and Sensitive Personal
Information for Unauthorized Purposes
Unauthorized Access or Intentional Breach.
Concealment of Security Breaches Involving Sensitive Personal
Information.
Malicious Disclosure.
Unauthorized Disclosure
26. WHO NEEDS TO REGISTER?
Companies with at least 250 employees or access to
the personal and identifiable information of at
least 1,000 people are required to register with the
National Privacy Commission and comply with the
Data Privacy Act of 2012
27. COMPLIANCE OF THE DATA PRIVACY ACT
The National Privacy Commission, which was created
to enforce RA 10173, will check whether companies
are compliant based on a company having 5
elements:
Appointing a Data Protection Officer
Conducting a privacy impact assessment
Creating a privacy knowledge management program
Implementing a privacy and data protection policy
Exercising a breach reporting procedure
29. EXECUTIVE ORDER NO. 2 SERIES OF 2016
FREEDOM OF INFORMATION ORDER
“Operationalizing in the Executive branch the
people’s constitutional right to information and
the state policies to full public disclosure and
transparency in the public service and
providing guidelines therefor”
The Freedom of Information Order provides for full
public disclosure of all government records involving
public interest and upholds the constitutional right of
people to information on matters of public concern
30. SECTION 1. DEFINITION. FOR THE PURPOSE OF THIS
EXECUTIVE ORDER, THE FOLLOWING TERMS SHALL
MEAN:
(a) “Information” shall mean any records, documents,
papers, reports, letters, contracts, minutes and
transcripts of official meetings, maps, books,
photographs, data, research materials, films, sound
and video recording, magnetic or other tapes,
electronic data, computer stored data, any other like or
similar data or materials recorded, stored or archived in
whatever format, whether offline or online, which are
made, received, or kept in or under the control and
custody of any government office pursuant to law,
executive order, and rules and regulations or in
connection with the performance or transaction of
official business by any government office.
31. SECTION 1. DEFINITION. FOR THE PURPOSE OF THIS
EXECUTIVE ORDER, THE FOLLOWING TERMS SHALL
MEAN:
(b) “Official record/records” shall refer to information
produced or received by a public officer or
employee, or by a government office in an official
capacity or pursuant to a public function or duty.
(c) “Public record/records” shall include information
required by laws, executive orders, rules, or
regulations to be entered, kept and made publicly
available by a government office.
32. FREEDOM OF INFORMATION ORDER
Protects Data Privacy
......
WHEREAS, the Data Privacy Act of 2012
(R.A. 10173), including its implementing Rules and
Regulations, strengthens the fundamental human
right of privacy, and of communication while ensuring
the free flow of information to promote innovation and
growth
34. CA AS A CASE STUDY
Membership to CA is
“On the basis of proportional representation from the
political parties and parties or organization
registered under the party-list system represented
therein.”
Senate President – Ex-Officio
12 Members from the Senate
12 Members from the House of
Representatives
35. FUNCTION OF THE CA
To check on whether the President has exercised
the power to appoint wisely, by appointing
only those who are fit and qualified. It is not
intended to curtail the President’s appointing
authority, as the CA Rules’ Statement of Policy
so provides.
36. START
The President nominates
or appoints
END
The CA en banc
decides to accept
or reject the SC’s
recommendation
during the plenary
session
Certificate is issued and served
to nominee or appointee
A report on action taken by the CA
on all nominations/ appointments is
submitted to the President
whenever Congress adjourns
The President receives the
report
SC deliberates on
nomination / appointment
by conducting meetings and
hearings
CONSENT/
CONFIRMATION
CONSENT/
CONFIRMATION
Or REJECTION
CA Chairman refers
nomination or appointment to
Standing Committee (SC)
Standing
Members of the SC
recommend consent
confirmation or rejection
of the nomination/
appointment
CONFIRMATION FLOW PROCESS
37. DOCUMENTARY REQUIREMENTS
Family background
Curriculum Vitae
Disclosure under oath of kinship with any appointive or
elective official in the government
Income Tax Returns for 4 immediately preceding fiscal
years
Statement of Assets and Liabilities for 4 immediately
preceding fiscal years including those of the spouse and
unmarried children
Disclosure of business, financial, personal and
professional connections and interests
38. DOCUMENTARY REQUIREMENTS
Clearances
National Bureau of Investigation
Bureau of Internal Revenue
Commission on Human Rights
Ombudsman
Money and/or property accountabilities
Medical certificate
Statement under oath of any pending criminal or
administrative case if any
Statement whether in line for promotion
Statement of justification whether appointed or
nominated over others who are higher in ranks
39. SOURCES OF BACKGROUND
INVESTIGATION INFORMATION
Records Check
National Bureau of Investigation
Office of the Ombudsman
Commission on Human Rights
Office of Ethical Standards and Public Accountability
Board of Foreign Service Administration
Other Private Investigative Agencies
Neighborhood/Employment Check
Miscellaneous Information
Media reports
Books & other publications
Internet
40. Comparative analysis between Sworn Statements
of Assets and Liabilities and Income Tax Returns
Examination of appointee’s Private Business
Interest (Law on Divestment)
Verification of information from other submitted
documents
SPECIFIC AREAS FOR DOCUMENTS REVIEW
41. TREATMENT OF CONFIDENTIAL PROFILE &
INVESTIGATION REPORT
For discussion in executive session if they contain
matters affecting:
Privacy rights, e.g. those relating to moral fitness
National security
Not to be included in working folders, but contained in
a properly sealed envelope
Marked “confidential”
Labeled “For discussion in Executive Session”
42. TREATMENT OF CONFIDENTIAL PROFILE &
INVESTIGATION REPORT
Distributed to the Members only immediately prior to
the hearing
Classified as “confidential” are retrieved
immediately after the hearing
Not to be copied, shown or distributed until the “rule
of secrecy” has been lifted by a majority of the
Members of the Commission or Committee on
motion made and seconded