RA 10173 Data Privacy Act of 2012

RA 10173 – Data Privacy Act of 2012 SUMMARY  Republic Act No. 10173, also known as the Data Privacy Act of 01, is an act protectin! in"ivi"ual personal infor#ation in infor#ation an" co##unications syste#s in the !overn#ent an" the private sector s ector.. $he Act ai#s to protect the fun"a#ental hu#an ri!ht of privacy, of co##unication while ensurin! free %ow of infor#ation to pro#ote innovation an" !rowth. &t also ai#s to ensure that personal infor#ation in infor#ation an" co##unications syste#s in the !overn#ent an" in the private sector are secure" an" protecte". SCOPE  $his Act applies to the processin! of all types of personal infor#ation an" to any natural an" 'uri"ical person involve" in personal infor#ation processin! inclu"in! those personal infor#ation controllers an" processors who, althou!h not foun" or establishe" in the Philippines, use e(uip#ent that are locate" in the Philippines, or those who #aintain an o)ce, branch or a!ency in the Philippines. *owever, this Act "oes not apply to the followin!+ 1. &nfor#ation &nfor#ation about about any in"ivi"ual in"ivi"ual who is is or was an o)cer o)cer or e#ploye e#ployee e of a !overn#ent institution that relates to the position or functions of the in"ivi"ual . &nfor#ation &nfor#ation about about an in"ivi"ual in"ivi"ual who is is or was perfor#in perfor#in! ! service service un"er un"er contract contract for a !overn#ent institution that relates to the services perfor#e", inclu"in! the ter#s of the contract, an" the na#e of the in"ivi"ual !iven in the course of the perfor#ance of those services 3. &nfor#ation &nfor#ation relatin! relatin! to any "iscre "iscretionary tionary bene-t bene-t of a -nancial -nancial nature nature such as the !rantin! of a license or per#it !iven by the !overn#ent to an in"ivi"ual, inclu"in! the na#e of the in"ivi"ual an" the eact nature of the bene-t /. Personal Personal infor#ation infor#ation processe processe" " for 'ournalistic, 'ournalistic, artistic, artistic, literary literary or researc research h purposes . &nfor#ation &nfor#ation necessary necessary in or"er or"er to carry carry out the functions functions of public public authority authority which inclu"es the processin! of personal "ata for the perfor#ance by the in"epen"ent, central #onetary authority an" law enforce#ent an" re!ulatory a!encies of their constitutionally an" statutorily #an"ate" functions. Nothin! in this Act shall be construe" as to have a#en"e" or repeale" Republic Act No. 1/0, otherwise known as the ecrecy of 2ank Deposits Act Republic Act No. /, otherwise known as the 4orei!n 5urrency Deposit Act an" Republic Act No. 610, otherwise known as the 5re"it &nfor#ation yste# Act 5&A8 . &nfor#ation &nfor#ation necessar necessary y for banks banks an" other other -nancial -nancial institutions institutions un"er un"er the  'uris"iction of the in"epen"ent, central #onetary authority or 2an!ko entral n! Pilipinas Pilipinas to co#ply with Republic Republic Act Act No. 610, an" Republi Republic c Act No. No. 610, as a#en"e", otherwise known as the Anti9:oney ;aun"erin! Act an" other applicable laws an" 7. Personal Personal infor#ation infor#ation ori!inally ori!inally collecte" collecte" fro# fro# resi"ents resi"ents of forei!n forei!n 'uris"ictions 'uris"ictions in accor"ance with the laws of those forei!n 'uris"ictions, inclu"in! any applicable "ata privacy laws, which is bein! processe" in the Philippines.

PUNISHABE O!!ENSES 1.