Draft Rules to Implement Philippines Data Privacy Act Released

    Jul 12, 2016

    The Philippines National Privacy Commission (NPC) on June 17 released draft rules for public consultation on compliance with international standards for data protection. The Philippines Data Privacy Act (DPA) of 2012, modeled after the European Data Protection Directive and the Asia Pacific Economic Cooperation Information Privacy Framework, will take effect when the NPC, which was formally established as an independent body in March 2016, finalizes the implementing rules and regulations. The DPA requires personal information controllers to comply with a number of transparency and purpose limitation requirements before collecting, holding, processing, or using personal data. Among other things, it requires affirmative consent before personal information can be collected, levies fines and prison sentences for first-time breaches of the law, and imposes liability on controllers for personal information provided to a third party.

    The draft rules lay out specific organizational, physical, and technical security measures that personal data controllers and processors must implement and maintain to ensure the protection of personal privacy. They also require entities covered by the DPA to meet registration and reporting responsibilities with the NPC, which was given administrative and enforcement authority over covered entities. Specifically under the draft rules, the NPC will have the authority to adjudicate privacy complaints, award damages, issue cease and desist orders, refer cases to the Department of Justice for potential prosecution, and impose fines and other administrative penalties for violations of the DPA. The public is invited to submit comments on the draft rules.

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