Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
CHAPTER I: GENERAL PROVISIONS
SECTION 1. Short Title. – This Act shall be known as the "Data Privacy Act of 2012″".
SECTION 2. Declaration of Policy. – It is the policy of the State to protect the fundamental human right of privacy, of communication while ensuring free flow of information to promote innovation and growth. The State recognizes the vital role of information and communications technology in nation-building and its inherent obligation to ensure that personal information in information and communications systems in the government and in the private sector are secured and protected.
SECTION 3. Definition of Terms. – Whenever used in this Act, the following terms shall have the respective meanings hereafter set forth:
- (a) Commission shall refer to the National Privacy Commission.
- (b) Consent of the data subject refers to any freely given, specific, informed indication of will, whereby the data subject agrees to the collection and processing of personal information about and/or relating to him or her...
- (c) Data subject refers to an individual whose personal information is processed.
- (d) Direct marketing refers to communication by whatever means of any advertising or marketing material which is directed to particular individuals.
- (e) Filing system refers to any act of structuring personal data...
- (f) Information and Communications System refers to a system for generating, sending, receiving, storing or otherwise processing electronic data messages or electronic documents...
- (g) Personal information refers to any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.
- (h) Personal information controller refers to a person or organization who controls the collection, holding, processing or use of personal information...
- (i) Personal information processor refers to any natural or juridical person qualified to act as such under this Act to whom a personal information controller may outsource the processing of personal data pertaining to a data subject.
- (j) Processing refers to any operation or any set of operations performed upon personal information...
- (k) Privileged information refers to any and all forms of data which under the Rules of Court and other pertinent laws constitute privileged communication.
- (l) Sensitive personal information refers to personal information... [about race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations; health, education, genetic or sexual life; proceedings for any offense; issued by government agencies peculiar to an individual which includes, but not limited to, social security numbers, previous or cm-rent health records, licenses or its denials, suspension or revocation, and tax returns.]
(Note: This is a summarized version. For the full text, please refer to the official government publication.)
CHAPTER II: THE NATIONAL PRIVACY COMMISSION
SECTION 7. Functions of the Commission. – The Commission must enforce this Act and monitor its implementation...
CHAPTER III: PROCESSING OF PERSONAL INFORMATION
SECTION 11. General Data Privacy Principles. – The processing of personal information shall be allowed, subject to compliance with the requirements of this Act and other laws allowing disclosure of information to the public and adherence to the principles of transparency, legitimate purpose and proportionality.
CHAPTER VIII: PENALTIES
SECTION 25. Unauthorized Processing of Personal Information and Sensitive Personal Information. – (a) The unauthorized processing of personal information shall be penalized by 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).
...