June 25, 2021 | 1:02 PM GMT+0800 Last Edit: November 11, 2021
Amendments to Republic Act No. 10173, known as the Data Privacy Act of 2012 (DPA), are sought to strengthen the current law amid the digital transformation in the Philippines.
During the 55th Asia Pacific Privacy Authorities (APPA) Forum, Privacy Commissioner Raymund Enriquez Liboro said that the House of Representatives – Committee on Information and Communications Technology, has approved the substitute bill to amend the DPA last February 4, 2021.
Efforts to amend the DPA began in the last quarter of 2019. The substitute bill grants additional powers to the National Privacy Commission (NPC). It gives the authority to issue summons, subpoenas, contempt powers, and to impose administrative penalties.
“In the last five years, the National Privacy Commission has laid down data privacy in the Philippines with a clear roadmap. In our drive to become a data privacy resilient country, we have adopted a responsive regulatory approach characterized by raising awareness, strict compliance, and enforcing the law. To do this, we find a need to amend the current DPA to keep up with the changing times,” Commissioner Liboro said in his speech at the APPA 55, which was held virtually last June 16-18 and hosted by the Personal Information Protection Commission of Korea.
Other provisions of the substitute bill:
Shifting gears in new normal
Aside from the proposed amendments to the DPA, the NPC is set to introduce administrative fines to strengthen data privacy accountability and build data privacy resilience among PICs and PIPs.
The NPC presented in the Forum the Digital Identity, e-Commerce, and e-Governance in the Philippines and ASEAN, highlighting the Commission’s efforts in assisting the development of the law and its IRR to ensure the people’s right to privacy.
The NPC also presented its efforts to curb harmful handling of citizens’ personal data such as the Commission’s issuances and guidance to the public as part of the COVID-19 response and the Kabataang Digital, the NPC’s advocacy campaign promoting a safe online environment for the youth. Also discussed are the guidelines expressly prohibiting the harvesting of contact lists of borrowers for debt collection through harassment; guidelines promoting the use of videoconferencing technology or e-hearing to hear cases; and the amended Rules of Procedure to streamline the Commission’s complaints process.
“The NPC, despite the pandemic, has shifted gears and embraced the new normal of resolving data privacy complaints. We commenced Project Decongestion 2.0, refining our strategy in handling our case dockets clogged with thousands of individual complaints,” Commissioner Liboro said.
Designations from the following jurisdictions joined APPA 55: the NPC; Office of the Australian Information Commissioner; Office of the Information and Privacy Commissioner, British Columbia; Office of the Privacy Commissioner of Canada; Privacy Commissioner for Personal Data, Hong Kong, China; Personal Information Protection Commission, Japan; Personal Information Protection Commission, Republic of Korea; Korea Internet & Security Agency; Office for Personal Data Protection, Macao SAR, China; National Institute for Transparency, Access to Information and Personal Data Protection, Mexico; Office of the Privacy Commissioner, New Zealand; National Authority for Personal Data Protection of Peru; Office of the Information 5th Floor Delegation Building, Philippine International Convention Center (PICC) Complex, Pasay City 1307 URL: http://privacy.gov.ph Email Add: [email protected] Commissioner, Queensland; Personal Data Protection Commissioner, Singapore; Federal Trade Commission, United States; and Office of the Victorian Information Commissioner.
APPA is acknowledged as the principal forum for privacy and data protection authorities in the Asia Pacific region. Some of the topics at APPA 55 is about data protection measures as part of the response to COVID-19, privacy issues encountered in the new normal, updates on global privacy developments, and children’s privacy.