CIS314M_GroupB

An act protecting individual personal information in information and communications systems in the government and the private sector.

• Data Privacy Act of 2012

• Republic Act 10173

  Data Security Act of 2010

• Republic Act 10101

  Data Protection Act of 2012

• Republic Act 10109

  Establishment of National Privacy Commission

Answer explanation

REPUBLIC ACT NO. 10173, also known as Data Privacy Act of 2012, was signed by then President BENIGNO S. AQUINO III, which is an Act protecting individual personal information in information and communications systems in the government and the private sector.

Philippine's Privacy Watchdog

• National Privacy Commission

• National Bureau of Investigation

• National Data Agency

• National Data Commission

Answer explanation

The National Privacy Commission is the country’s privacy watchdog; an independent body mandated to administer and implement the Data Privacy Act of 2012 and to monitor and ensure compliance of the country with international standards set for data protection.

Refers to an individual whose personal information is processed.

• Information and Communications System

• Data subject

• Personal information controller

• Personal information processor

Answer explanation

Data subject refers to an individual whose personal information is processed.

Information and Communications System, Personal information controller, and Personal information processor are the processes and systems that is used to process data.

Refers to personal information related to:

individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations

• Personal information processor

• Sensitive personal information

• Personal information controller

• Data subject

Answer explanation

1. Sensitive personal information refers to personal information:

   1. - About an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations;

   2. - About an individual’s health, education, genetic or sexual life of a person, or to any proceeding for any offense committed or alleged to have been committed by such person, the disposal of such proceedings, or the sentence of any court in such proceedings;

   3. - Issued by government agencies peculiar to an individual which includes, but not limited to, social security numbers, previous or current health records, licenses or its denials, suspension or revocation, and tax returns; and

   4. - Specifically established by an executive order or an act of Congress to be kept classified

The following are the rights of the data subject except for

• Be properly informed that their information would be or have been processed

• Know the purpose, scope, whom will the information be disclosed to

• Publishing of sensitive personal information of an immediate family member

• Methods, identity and contact information of the data controller must be provided

Answer explanation

Chapter 4 of the Act focuses on the rights of the data subject, where they should be properly informed that their information would be or have been processed.They should also know the purpose, scope, whom will the information be disclosed to, methods, identity and contact information of the data controller must be provided, the period of storage of information and the existence of the rights. Furthermore, the personal information of the data subject must have reasonable access upon demand for the contents, sources, recipients, manner of processing, reasons for disclosure, information on automated processes will likely be the sole basis for any decision affecting the data subject, the date when information when it was last accessed or modified and the identity of the data controller.

If these offenses against Data Privacy Act are done by a public officer, he/she would be penalized the disqualification in public office for a term that is doubled if the criminal penalty imposed would be applied.

• True

• False

Answer explanation

If these offenses are done by a public officer, he/she would be penalized the disqualification in public office for a term that is doubled if the criminal penalty imposed would be applied

Companies are required to register to the National Privacy Commission, should they require storage of sensitive personal information from 1,000 or more individuals.

• True

• False

Answer explanation

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

The government agency that plays a pertinent role in supporting the National Privacy Commission and overseeing the implementation of the Data Privacy Act. It also provides technical expertise and assistance in ensuring the security and protection of personal data in the Philippines.

• NEDA

• DOST

• DICT

• DOH

Answer explanation

The Department of Information and Communications Technology (DICT) shall be the primary policy, planning, coordinating, implementing, and administrative entity of the Executive Branch of the government that will plan, develop, and promote the national ICT development agenda. (RA 10844). DICT also plays a pertinent role in supporting the National Privacy Commission and overseeing the implementation of the Data Privacy Act. It also provides technical expertise and assistance in ensuring the security and protection of personal data in the Philippines.

Executive Order that is 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

• Freedom

• Freedom to Choose

• Freedom of Information and Data

• Freedom of Information

Answer explanation

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”

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.

The penalties for not adhering to the Data Privacy Act ranges from fine of Php 100,000 to Php 5,000,000 and imprisonment of 1 to 6 years

• True

• False

Answer explanation

The chapter 8 of the Data Privacy Act denotes the penalties for not adhering to it which is ranging from fine of Php 100,000 to Php 5,000,000 and imprisonment of 1 to 6 years.