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Browse our 4 legal questions about Cyber Law, Data Privacy and Data Protection in Philippines and the lawyer answers, or ask your own questions for free.
The Republic Act No. 10173, also known as the Data Privacy Act of 2012, governs Cyber Law, Data Privacy, and Data Protection in the Philippines. The Act helps protect the fundamental human right to privacy of all individuals while ensuring the free flow of information for innovation, growth, and continuous operation. It is governed by the National Privacy Commission (NPC) and applies to the processing of all types of personal information.
Legal assistance can be required in numerous circumstances ranging from identity theft, defamation or slander over the internet, data breach in a company you own or work for, digital copyright and intellectual property disputes, to concern over the privacy of personal data handled by service providers. A lawyer can advise you on next steps, potential liabilities and legal remedies available under the Act. In more serious cases, lawyers can represent you in court or in dealings with the NPC.
The key elements of the Data Privacy Act of 2012 include the requirement for data subjects’ consent prior to data collection; collection and processing limited to what is required by declaration to the data subject; rights to access, correct and erase personal data; data privacy security and protection measures; and criminal penalties for unauthorized processing, access due to negligence, improper disposal, processing for unauthorized purposes, unauthorized access or intentional breach, concealment of security breaches, malicious disclosure, and unauthorized disclosure.
The Act applies to any natural or juridical person involved in the processing of personal data.
Penalties vary from monetary fines to imprisonment, depending on the nature and gravity of the violation.
Yes, you have the right to erasure or blocking of data as per the Right to be Forgotten under the Act.
Yes, but only to countries that meet the adequate data protection standards set by the NPC.
Yes, the Act applies to both private entities and public authorities which handle personal data.
The National Privacy Commission (NPC) website provides a wealth of resources, including advisories, circulars, guides for data protection officers, and complaint forms. The Official Gazette of the Republic of the Philippines also provides access to all national laws including the Data Privacy Act.
If you need legal assistance for Cyber Law, Data Privacy and Data Protection, seek a lawyer who specializes in these fields. The Integrated Bar of the Philippines can help you find a suitable lawyer. Be sure to bring all necessary documents related to your case during your consultation, and maintain regular communication with your lawyer to understand your case's progress.
