Data Privacy Act of 2012 (DPA) – DEPED NEWS
Filipinos are major social media users. Filipinos spend an average of 4 hours and 15 minutes each day on social media, according to the latest Digital 2021 report released on Tuesday, January 27 by Hootsuite and We Are Social.
Thus, protecting the personal information of each user of any online platforms or even those information present in physical document needs much more attention now. According to report, scams or any privacy breach related crimes continues to rise. In such, Data Privacy Act of 2012 (DPA) must be implemented strictly and seriously by any governmental and non-governmental institutions.
What is Data Privacy Act of 2012 (DPA)?
Data Privacy Act of 2012 (DPA) or Republic Act No. 10173 is an act protecting individual personal data in information and communications systems in the government and the private sector. The law was passed “to protect the fundamental human right of privacy, of communication while ensuring free flow of information to promote innovation and growth.” (Republic Act. No. 10173, Chapter 1, Section 2).
The Data Privacy Act of 2012 (DPA) “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.” (Republic Act. No. 10173, Chapter 1, Section 4).
Rights under Data Privacy Act of 2012
(a) The right to be informed, this is the basic right that empowers you as a data subject to consider other actions to protect your data privacy and assert your other privacy rights;
(b) The right to access, under the Data Privacy Act of 2012, you have a right to obtain from an organization a copy of any information relating to you that they have on their computer database and/or manual filing system;
(c) The right to object, this can be exercised if the personal data processing involved is based on consent or on legitimate interest;
(d) The right to erasure or blocking, under the law, you have the right to suspend, withdraw or order the blocking, removal or destruction of your personal data;
(e) The right to damages, you may claim compensation if you suffered damages due to inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of personal data, considering any violation of your rights and freedoms as data subject;
(f) The right to rectify, you have the right to dispute and have corrected any inaccuracy or error in the data a personal information controller (PIC) hold about you;
Unlawful Acts punishable under Republic Act 10173
Improper access, whether intentional or through negligence, unauthorized processing, handling or disposal of personal or sensitive information, and other unlawful acts shall be penalized as follows:
| Unlawful Acts | Penalties |
|---|---|
| Unauthorized Processing of Personal Information [RA 10173, Section 25 (a)] | Imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than Two million pesos (Php2,000,000.00) |
| Unauthorized Processing of Sensitive Personal Information [RA 10173, Section 25 (b)] | Imprisonment ranging from three (3) years to six (6) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than Four million pesos (Php4,000,000.00) |
| Accessing Personal Information Due to Negligence [RA 10173, Section 26 (a)] | Imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than Two million pesos (Php2,000,000.00) |
| Accessing Sensitive Personal Information Due to Negligence [RA 10173, Section 26 (b)] | Imprisonment ranging from three (3) years to six (6) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than Four million pesos (Php4,000,000.00) |
| Improper Disposal of Personal Information [RA 10173, Section 27 (a)] | Imprisonment ranging from six (6) months to two (2) years and a fine of not less than One hundred thousand pesos (Php100,000.00) but not more than Five hundred thousand pesos (Php500,000.00) |
| Improper Disposal of Sensitive Personal Information [RA 10173, Section 27 (b)] | Imprisonment ranging from one (1) year to three (3) years and a fine of not less than One hundred thousand pesos (Php100,000.00) but not more than One million pesos (Php1,000,000.00) |
| Processing of Personal Information for Unauthorized Purposes [RA 10173, Section 28 (a)] | Imprisonment ranging from one (1) year and six (6) months to five (5) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than One million pesos (Php1,000,000.00) |
| Processing of Sensitive Personal Information for Unauthorized Purposes [RA 10173, Section 28 (b)] | Imprisonment ranging from two (2) years to seven (7) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than Two million pesos (Php2,000,000.00) |
| Unauthorized Access or Intentional Breach [RA 10173, Section 29] | Imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than Two million pesos (Php2,000,000.00) |
| Concealment of Security Breaches Involving Sensitive Personal Information [RA 10173, Section 30] | Imprisonment of one (1) year and six (6) months to five (5) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than One million pesos (Php1,000,000.00) |
| Malicious Disclosure [RA 10173, Section 31] | Imprisonment ranging from one (1) year and six (6) months to five (5) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than One million pesos (Php1,000,000.00) |
| Unauthorized Disclosure of Personal Information [RA 10173, Section 32 (a)] | Imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than One million pesos (Php1,000,000.00) |
| Unauthorized Disclosure of Sensitive Personal Information [RA 10173, Section 32 (b)] | Imprisonment ranging from three (3) years to five (5) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than Two million pesos (Php2,000,000.00) |
| Combination or Series of Acts [RA 10173, Section 33] | Imprisonment ranging from three (3) years to six (6) years and a fine of not less than One million pesos (Php1,000,000.00) but not more than Five million pesos (Php5,000,000.00) |
R.A. 10173 or Data Privacy Act of 2012
ra-10173-data-privacy-actDownload R.A. 10173 or Data Privacy Act of 2012, click here.