, , 
SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO ESTABLISH A PRIVACY PROTECTION COMMISSION 
EXPLANATORY NOTE 
The Constitution, Arti cle 111 provides that: 
Section 3(1). The privacy of communication and 
correspondence shall be inviolable except upon lawful 
order of the court, or when public safety or order requires 
otherwise as prescribed by law. 
(2) Any evidence obtained in violation of this or the 
preceding section shall be inadmissible for any purpose 
in any proceeding. 
We live in an age of ever-increasing dependence on electronic data storage, 
communications, and usage. Vast quantities of data are stored electronically and 
may be instantly transferred electronically from one party to another for business 
or for other purposes. The nature of such data allows for the increasing possibility 
that an individual's privacy rights may be violated. Because of the fast pace at 
which technology is growing, broader societal consequences may not have been 
reviewed or studied, nor is it clear how the use of such technology will affect 
existing data systems and their use. 
A Privacy Protection Commission should be established to: (1) ensure that 
privacy rights of Filipino citizens regarding electronic data, and fair information 
practices and principles are not abused or violated; (2) provide advisory guidance 
to the public and private sector on matters related to electronic data storage, 
1 


, , 
communication, and usage; (3) provide the public with a central agency €or 
information and guidance on privacy protection and fair information practices and 
principles in the public and private sector which includes: 
(i) The principle of openness, which provides that the existence of 
recordkeeping systems and databanks containing information about 
individuals be publicly known, along with a description of the main purpose 
and uses of the data; 
(ii) The principle of individual participation, which provides that each 
individual should have the right to see any data about him or herself and to 
correct any data that is not timely, accurate, or complete; 
(iii) The principle of collection limitation, which provides that there should 
be limits to the collection of personal data, that data should be collected by 
lawful and fair means, and that data should be collected, where appropriate, 
with the knowledge and consent of the subject; 
(iv) The principle of use limitation, which provides that there are limits to 
the use of personal data and that data should be used only for purposes 
specified at the time of collection; 
(v) The principle of disclosure limitation, which provides that personal data 
should not be communicated externally without the consent of the data 
subject or other legal authority, 1 
~"-
4\-v----)~ 
MIRIAM DEFE~OR SANTIIGO 
11' 
1 This bill was originally filed during the Thirteenth Congress, First Regular Session 
2 


SIXTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
SEN~1lL( 
S. No. 
~55J 
.," "1'\ ','1" 
_~ 
,,'.-, \, 
'L • v ""U -- -
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
1 
2 
TO ESTABLISH A PRIVACY PROTECTION COMMISSION 
Be it enacted by the Senate and House of Representatives of the Philippines 
in Congress 
assembled: 
3 
SECTION 1. Short Title. - This Act shall be known as the "Privacy 
4 
Protection Act." 
5 
SECTION 2. Establishment of a Privacy Protection Commission. - There is 
6 
established the Privacy Protection Commission, here called the "Commission." 
7 
SECTION 3. Privacy Protection Commission. -
8 
(A) Membership. - The Commission shall be composed of five (5) members 
9 
who shall be appointed by the President, by and with the consent of the Senate, 
10 
from among members of the public at large who are well qualified for service on 
11 
the Commission by their knowledge and expertise in: 
12 
(1) Civil rights and liberties; 
13 
(2) Law; 
14 -
(3) Social sciences; 
15 
(4) Computer technology 
16 
(5) Business; or 
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1 
(6) State and local government. 
2 
No more than two (2) members of the Commission shall be members of the 
3 
same political party. One of the members shaH be designated Chairperson of the 
4 
Commission by the President. 
s 
(B) Meetings. - The Chairperson shall preside at all meetings of the 
6 
Commission, but the Chairperson may designate another member as an acting 
7 
Chairperson who may preside in the absence of the Chairperson. A quorum for the 
8 
transaction of business shall consist of at least three (3) members present, except 
9 
that one member may conduct hearings and take testimony if authorized by the 
10 
Commission. Each member of the Commission, including the Chairperson, shall 
11 
have equal responsibility and authority in all decisions and actions of the 
12 
Commission, shall have full access to all information relating to performance of 
13 
the duties and responsibilities of the Commission, and shall have one vote. Action 
14 
of the Commission shall be determined by a majority vote of the members. The 
15 
Chairperson or acting Chairperson shall see to the faithful execution of the policies 
16 
and decisions of the Commission and shall report thereon to the Commission from 
17 
time to time or as far as the Commission may direct. 
18 
(C) Terms. - A member of the Commission shall serve for a term of seven 
19 
(7) years, except for members first appointed to the Commission: 
20 
(1) The member designated as Chairperson by the President shall be 
21 
appointed for a term of seven (7) years; 
22 
(2) Two (2) members shall be appointed for a term of five (5) years; 
23 
(3) Two (2) members sha II be appointed for a term 0 f three (3) years; 
24 
and 
2 


1 
(4) All such terms shall begin on 
2 
(a) January 1 next following the date of the enactment of this 
3 
Act; or 
4 
(b) Such date as designated by the President 
5 
A member may continue to serve until a successor is confirmed. Members 
6 
shall be eligible for reappointment for a single additional term. 
7 
(D) Vacancies. - Vacancies in the membership of the Commission shall be 
8 
filled in the same manner in which the original appointment was made. If there are 
9 
two (2) or more Commission members in office, vacancies in the membership of 
10 
the Commission shall not impair the power of the Commission to execute 
11 
functions and powers of the Commission. 
12 
(E) Compensation and Restriction on Other Employment. - The members of 
13 
the Commission may not engage in any other employment during their tenure as . 
14 
members of the Commission. 
15 
(F) Requests and Recommendations. - Whenever the Commission submits 
16 
any budget estimate or request to the President or the Department of Budget and 
17 
Management, it shall concurrently transmit a copy of that request to Congress. 
18 
Whenever the Commission submits any legislative recommendation, or testimony, 
19 
or comments on legislation, to the President or Department of Budget and 
20 
Management, it shall concurrently transmit a copy of that request to Congress. No 
21 
officer or government agency shall have any authority to require the Commission 
22 
to submit its legislative recommendations, or testimony, or comments on 
23 
legislation, to any officer or government agency for approval, comments, or 
3 


1 
review, prior to the submission of such recommendations, testimony or comments 
2 
to Congress. 
3 
(G) Seal. - The Commission shall have an official seal which shall be 
4 
judicially noted. 
5 
SECTION 4. Personnel of the Commission. -
6 
(A) Executive Director and General Counsel. - The Commission shall 
7 
appoint an Executive Director and a General Counsel who shall perform such 
8 
duties as the Commission may determine. The Executive Director and the General 
9 
Counsel shall be compensated at a rate to be determined by the President. 
10 
(B) Limitation on Employees. - The Commission is authorized to appoint 
11 
and fix the compensation of not more than fifty (50) officers and employees, or the 
12 
full-time equivalent thereof, and to prescribe their functions and duties. 
13 
(C) Consultants. - The Commission may obtain the services of experts and 
14 
consultants in accordance with law. 
15 
(D) Detail of Government Employees. - Any government employee may be 
16 
detailed to the Commission without reimbursement, and such detail shall be 
17 
without interruption or loss of civil service status of privilege. 
18 
SECTION 5. Functions of the Commission. -
19 
(A) In General. - The Commission shall: 
20 
(1) Provide leadership and coordination to the efforts of all 
21 
government departments and agencies to enforce all statutes, Executive 
22 
Orders, regulation and policies which involve privacy or data protection; 
23 
(2) Maximize effort, promote efficiency, and eliminate conflict, 
24 
competition, duplication and inconsistency among the operation, functions 
4 


1 
and jurisdictions of government departments and agencies responsible for 
2 
privacy or data protection, data protection right and standards, and fair 
3 
information practices and principles; 
4 
(3) Develop model standards, guidelines, regulations, policies and 
5 
routine uses for and by national and local agencies in implementing the 
6 
provisions of the Constitution and other laws on privacy; 
7 
(4) Publish on a regular basis a guide to all laws relating to data 
8 
protection, for use by record subjects; 
9 
(5) Publish a compilation of agency system of records notices, 
10 
including an index and other finding aids; 
11 
(6) Provide active leadership, guidance, education and appropriate 
12 
assistance to private sector businesses and organizations, groups, 
13 
institutions, and individuals regarding privacy, data protection rights and 
14 
standards, and fair information practices and principles; 
15 
(7) Develop model privacy, data protection and fair information 
16 
practices. And principles, standards, guidelines, policies and routine uses of 
17 
data for use by the private sector; and 
18 
(8) Upon written request, provide appropriate assistance to the private 
19 
sector in implementing privacy, data protection and fair information 
20 
practices, principles, standards, gui deline, po !icies or routine uses of privacy 
21 
and data protection, and fair information. 
22 
(B) Discretionary Functions. - The Commission may: 
23 
(1) Issue advisory opinions relating to privacy and data protection 
24 
practices, principles, standards, guidelines, policies or routine uses of data at 
5 


1 
the request of a government agency, a data integrity Commission of an 
2 
agency or business, a court, the Congress, a business or any person; 
3 
(2) File comments with the Department of Budget and Management 
4 
and with any agency on any proposal to create or modifY system of records; 
5 
or establish or alter routine uses of such system; 
6 
(3) Request an agency to stay the establishment or reVISIon of a 
7 
system of records; a routine use; or an exemption; 
8 
(4) Review national and local laws, Executive Orders, regulations, 
9 
directives and judicial decisions and report on the extent to which they are 
10 
consistent with privacy and data protection rights, and fair information 
11 
practices and principles; 
12 
(5) At the request of a national or local agency, a private business, or 
13 
any person, provide assistance on matters relating to privacy or data 
14 
protection; 
15 
(6) Comment on the implication for privacy or data protection of 
16 
proposed national or local statutes, regulations or procedures; 
17 
(7) Propose legislation on privacy or data protection; 
18 
(8) Accept and investigate complaints about violation of privacy or 
19 
data protection rights, and fair information practices and principles; 
20 
(9) Participate in any formal or informal administrative proceeding or 
21 
process where, in the judgment of the Commission, the action being 
22 
considered would have a material effect on privacy or data protection, either 
23 
as a result of direct government action or as the result of direct government 
24 
regulation of others; 
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1 
(10) Petition a government agency to take action on a matter affecting 
2 
privacy or data protection; 
3 
(11) Conduct, assist or support research, studies and investigations on 
4 
the collection, maintenance, use or dissemination of personal information, 
5 
the 
implications 
for 
pnvacy 
and 
data 
protection 
of computer, 
6 
communications and other technologies, and any other matter relating to 
7 
privacy or data protection; 
8 
(12) Assist in the development or implementation of policies designed 
9 
to provide for the protection of personal information maintained by private 
10 
sector record keepers; 
11 
(13) Assist Philippine companies doing business abroad to respond to 
12 
foreign privacy or data protection laws and agencies; 
13 
(14) Assist in the coordination of the Philippine pnvacy and data 
14 
protection policies with the privacy and data protection policies of foreign 
15 
countries; and 
16 
(15) Cooperate and consult with pnvacy or data protection 
17 
commissions, boards or agencies of foreign governments. 
18 
SECTION 6. Confidentiality of Information. -
19 
(A) In General. - Each department, agency and instrumentality of the 
20 
executive branch of the Government, including each independent agency, shall 
21 
furnish to the Commission upon request made by the Chairperson, such data, 
22 
reports and other information as the Commission determines necessary to carry out 
23 
its functions under this Act. 
7 


1 
(B) Corifidentiality. - In carrying out its functions and exercising its powers 
2 
under this Act, the Commission may accept from any government agency or other 
3 
person any identifiable personal data if such data is necessary to carry out such 
4 
powers and functions. In any case in which the Commission accepts any such 
5 
information, it shall provide all appropriate safeguards to ensure that the 
6 
confidentiality of such information is maintained and that after completion of the 
7 
specific purpose for which such information is required, the information IS 
8 
destroyed or returned to the agency or person from which it was obtained. 
9 
SECTION 7. Powers of the Commission. -
10 
(A) In General. - The Commission may, in carrying out its functions under 
11 
this Act: 
12 
(1) Conduct inspections; 
13 
(2) Sit and act at such times and places; 
14 
(3) Hold hearings; 
15 
(4) Take testimony; 
16 
(5) Require by subpoena the attendance of such witnesses and the 
17 
production of books, records, papers, correspondence, documents, film and 
18 
electronic information; 
19 
(6) Administer such oaths; and 
20 
(7) Make appropriate and necessary expenditures. 
21 
(B) Subpoenas. - Subpoenas shall be issued only upon an affirmative vote of 
22 
a majority of all members of the Commission. Subpoenas shall be issued under the 
23 
signature of the Chairperson or any member of the Commission designated by the 
8 


1 
Chairperson. Any member of the Commission may administer oaths or 
2 
affirmations to witness appearing before the Commission. 
3 
In the case of a disobedience to a subpoena issued under this Act, the 
4 
Commission may invoke the aid of any Regional Trial Court of the Philippines in 
5 
requiring compliance with such sUbpoena. Any Regional Trial Court of the 
6 
Philippines within the jurisdiction where such person is found or transacts business 
7 
may, in the case of contumacy or refusal to obey a subpoena issued by the 
8 
Commission, issue an order requiring such person to appear and testify, and to 
9 
produce such books, records, papers, correspondence, documents, films and 
10 
electronic information as may be required. Any failure to obey the order of the 
11 
court shall be punished by the court as contempt thereof. 
12 
(C) Appearances. - Appearances by the Commission In judicial and 
13 
administrative proceedings shall be in its own name. 
14 
CD) Delegation. -The Commission may delegate any of its functions to such 
15 
officers and employees of the Commission as the Commission may designate and 
16 
may authorize such successive re-delegations of such functions as it may determine 
17 
desirable. 
18 
CE) Administrative Powers. - In order to carry out provisions of this Act, the 
19 
Commission may: 
20 
(1) Enter into contracts or other arrangements with any local 
21 
government, any agency or department of the government, or with any 
22 
person, firm, association, or corporation; and 
23 
(2) Establish advisory committees, in accordance with law. 
9 


1 
SECTION 8. Reports and Information. - In an annual report to the President 
2 
and Congress, the Commission shall report on its activities in carrying out the 
3 
. provisions of this Act. The Commission shall undertake whatever efforts it may 
4 
determine to be necessary or appropriate to inform and educate the public of data 
5 
protection, privacy and fair information rights and responsibilities. 
6 
SECTION 9. Appropriations. To carry out the provisions of this Act, such 
7 
sum as may be necessary is hereby authorized to be appropriated from the National 
8 
Treasury. Thereafter, the sum necessary for the continuous operation of the 
9 
program shall be included in the annual appropriation of the Office of the 
10 
President. 
11 
SECTION 10. Separability Clause. If any provision or part hereof is held 
12 
invalid or unconstitutional, the remainder of the law or the provision not otherwise 
13 
affected shall remain valid and subsisting. 
14 
SECTION 11. Repealing Clause. Any law, presidential decree or issuance, 
15 
executive order, letter o€ instruction, administrative order, rule or regulation 
16 
contrary to, or inconsistent with, the provision of this Act is hereby repealed, 
17 
modified or amended accordingly. 
18 
SECTION 12. Effectivity Clause. This Act shall take effect fifteen days (15) 
19 
days after its publication in at least two (2) newspapers of general circulation. 
Approved, 
/apm12152014 
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