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THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
Fiist Regular Session 
) 
''4 
S " A T i 2 p J  
- I  
,. 1 ._ 
S. B. No. 
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Introduced by Senator Miriam Defensor Santiago 
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EX'LANATORY NOTE 
Tl3e Constitution provides that: 
Article 3, Section 3(1). The privacy of communication and 
correspondence shall be inviolable except lipon lawfiil 
order of the court, or when pnblic safety or order requires 
oilienvise ss prescribed by 1:icv. 
(2) 
Any evidence obtained in violation of this or the 
preceding section shall be inatlmissible for any piirpose in 
any proceeding. 
We live in an age of ever-increasing dependence on electronic data storage, 
commnunicafions, rind usage. Vast quantities o f  data are stored electronicdly and may be 
instantly trnnshwl electronically koni one paity to anotluer for liiisiiiess or for other 
puiyoses. The nahire of such data. allows for tlie incrensing possibility tlihat an individud'a 
privncy riglutg 1i161y be violatd 
Tlie teciunolo~ is growing so rapidly that bronder societal conseqnences may not 
have been reviewed or shudied, nor is it clear IIOCV 
the iise ofsncli technology will a&ct 
existing data sysltems aiid their nse. 
A Privacy Pratectioii Commission sliould Lie established to: (1) enstire that privacy 
rights o f  Filipino citizens regarding electronic data, and fair information practices and 
principles :ire not abused or violated; (2) provide advisoly guidance to the public rultl 
privnte sector on m&ers related to electronic datn stornge, commimication, and 11sag.e; (3) 


provide the public with a central agency for infomiation and guidance on privacy 
protect.ioti and fair infomiation practices and principles; and (4.) promote antl encoilrage 
Ilia adoption offair itlfomation practices mid pikipleu in the public and private sector 
which includes: 
(i) the principle of opetuiess, which provides that tlie existence of recortlkeepitig 
systems aid tlntabanks containing itifomation nbout iiidividuds be publicly ~ J ~ O W I ~ ,  
along with a description of the main piuyose and uses of the data; 
(ii) the principle of individiial participation, which provides that each individual 
should l>nve the right to Bee any drita.ntmit him or herstelf and to correct arty tlntn 
that is not timely, accurate, or complete, 
(iii) [lie principle of collection limitation, which provides that there ahoultl be 
limits to the collection of person:iI (Ma, tliat (lata sfioiild be collected by lawliil 
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fnir means, mid that data should be collected, where nppropriaie, with the 
Itrrowltxlge antl cotiselit ofthe subject; 
(iv) the principle ofuse limitation, which pro\dw that there are limits to tlie use of 
personal data and thnt data shoiiltl be iisetl only for purposes speciijetl at the titne of 
collection; 
(v) the principle of tlisclosnre litxiitation, which provitles that personal data sIiouItI 
not be conitiiunicated extei-tlallp witliout the consent of the data subject or other 
legal authority; 
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MIRIAM DEFENSOR SANTIAGO 


THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
- -1 
f,; c; 5 4 
S E N A T E  
S. B. 
No. 
12 4 
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Introduced by Senator Miriam Defensor Santiago 
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1 * 1 n  .c .,LL. L,Ul*,PSm ;iarluago 
AN ACT 
TO ESTABLISH A PRIVACY PROTECITON COMMISSION 
Be it eiiacted l!v the Senate aild fhtse qf‘ Representatives of the Philippines in Congress 
csse.mided, 
SECnON 1. S h r t  Title. - Tliis Act sliall be loio~vli as the “Privacy Protection 
i\Ct.” 
SECTON 2. Esrablisher?r Qf 4 Priracv Protecriorz Cormisston. - Tiiere is 
er;tnblislied the Privacy Protection Conmiissio~i, here called the “Conunissiotf’. 
SECTI@N 3. Prjvcdcy Prott.ction c7ommission. 
(a) MEMBERSHIP- (1) Tie 
Cornntission slid1 be composed of 5 members who shall be appointed by the President, by 
aid with the consent of the Senate, &om mong inernbers of the public at large w110 are 
well qiinlified for service on the Commission by their laiowledge and expertise in: 
(A) civil rights md liberties; 
(B) law: 
(C) social sciences; 
(D) computer teclmolo@;v: 
(E) biisiness; or 
(F) State arid local goveminent. 


(2) No more than 2 members of the Commission shall be members of the sane 
political party. 
(3) One of the members shall be designated Chairperson of the Commission by the 
l'resitlent. 
(b) MEETINGS- Tlie Chairperson shall preside at ,511 meetings of the Commission, but the 
Chnitperson may desigiate another member as an acting Chaitperson who may preside in 
the nbseuce ofthe C:hairpersoii. A quonim for the transnction of business shall consist of at 
least 3 liienibers 'present, except that one nietnber may conduct hearings and take 
t.estimony if aitthorized b 5 7  the Commission. Each member ofthe Coinmission, including the 
Chairperson, shall have equd res~ionsibiliiy aiid authoriiy in all decisions and actions of 
the clomniission, shnll have full access t.o dl iifkrmation relating to performance of the 
duties or responsibilities of the Cotmnission, aid shall have one vote. Action of the 
Coiatnission shall be detetmined by a niajority vote of the tnetnbers. The Chairperson or 
nctitig Chairperson slid1 see to the faitlifiil execution ofthe policies <and decisions ofthe 
Conmission atid sliall report thereon to the Commission from time to time or as the 
cJotnmiusion may direct. 
(c) TERMS- (1) A member ofthe Cotnmission sball serve for R t.em of 7 yews, except for 
iiienibers jlrst appointed to the (L'otnmissinii: 
i.2) ?he mettilier ilesignateri as Cht&petson by the Pivsident shall be appointed 
for n term of7 yews; 
(B) 2 menibers shall be appointed for n tern1 of 5 pears; 
(C) 2 inentbers didl be appointed far a tenti of3 yews; m l  
(D) d l  such terms shall begin on: 
(i) .hiiiaty 1 next fbllowing the date oftlie enactment ofthis Act; or 
(ii) snch date as rlesignated by the Presiderlt. 


(2) ii inember may continne to v e n ~  
until n siiccessor is confirmed. 
(3) Menhers xhall be eligible for reappointment for a. single aclditional term. 
((1) VACr-\NCIES- (1) Vacancies in the metnbervhip of the Cotnniission shall be filled in 
the sane mnnner in which the ori_einal appointment was made. 
(2) If there are 2 or more Cornmission members in office, vacancies in the 
membership oi'the Commission s.halI not impair the power ofthe Commission to execute 
fiitictioris and powers ofthe Conirrrission. 
(e) COMPENSATION ..Wn BESTRJCTION ON 0THT.B EXnlPL0I'TvI~- The 
members oftlie Coniniission my not engage in my other employmeiit dtirin.9 their tsnuire as 
nienibers of the Commission. 
(0 PSQUESTS AND I~COMMEN!JATICS- (1) Whenever the Comiission submits 
ally budget estiiiiate or request lo the President or the Depai-tnieiit o f  Buclget mid 
?vkuiageiiientt? it &all conciu-rently transmit a copy of that reqnest to Congress. 
(2) \%%enever the Commission submits any legislative recommendation, or 
testimony, or comments on legislation, to the President or DeparTment of Buclget and 
&hnnfiement, it shall concurrently transmit n copy thereof to Congress. No oficer or 
government agency shall h a w  any aiithority lo require the Commission to siibtnit its 
legislai.ive temnmend,ltionv, or testimony, or comments on legislation, to any otxcer or 
cpwninent agency 
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for approval, coninients, or review, prior to the siibmission of such 
recommentlationr;, t.estimony, or coinnietits to CotiFess. 
(g) SEAL- "he Commission shall have an official seal which shall be judiciallv noted. 


SECTION 4 Persoiznel Qf The Csnzrnission. - (a) EXECUTIVE DIRECTOR 
ANU GINERN, COUNSEL- The Commission shall appoint m Execntive Director md a 
General Coniisel who shall petform such dnties as the Commission map determine The 
Execxecutive Director and the General Connsel 
sttaltl be compensated at a rate to be 
tietetminxl by the President. 
(b) 1;IILIITATION ON EnlPI,OYEES- The Commission is antliorized to appoint mid fix the 
contpensatioii of not more than 50 oi3icet-s and employees (or the Ml-time equivalent 
thereof), and to prescribe their fiulctioiis mid dnties. 
(c) L'(lNSlJLT.4NTS- TIie Comnission may obtain the services of experts and consnktnnts 
in nccorclatice with law. 
((I) DETAIL OF CiUVER"T 
EMPLOYEES- Any govetmnent employee may be 
detailed to the Cotnmission wiffioiit reimbitrseinent, ~ i d  
siich detail slid1 be without 
inteimption or loss of civil service stabis or privilege. 
SECI'ION 5 .  ,'%ncbioris C?f The Ccrmmission. - (a) IN GEMERAL- The 
Cornmission shdl: 
( I )  provide leadership and coordination to the efGotorts. of all goveimnent 
departinenti: and agencies to enforce all statutes, Execlitive Orders, regulations md 
policies which involve privacy or data protectiotr, 
(2) maximize eEort, promote eficiency, and eliniinate conflict, competition, 
duplication, and incoosist.ency arnon~ the operations, fiinctions, and jurisciictionu of 
govetyitnent ctepwtrnents nnd agencies responsible for privacy or data protection, data 
protection ridits and stanriarde, and fair i~~oty~i~tioii 
pract.ices and priticipies; 


(3) develop model standards, guidelines, regiilations, policies, and routine uses for 
and by national and local agencies in implementing the provisions of the Constitution and 
other laws 01% privacy. 
(4) publish on a regular basis a guide to ail laws relating to data protection, for 
we by record subjects; 
( 5 )  puhlieh a compilation of agency syst.etn of records notices, iticluding an index 
and other fiiiding aids; 
(6) provicle active leadership, guiidmce, education, and appropriate assistance to 
private sector biisitiesses, a ~ t i  
organizations, got~ps, itistihitions, and individuals regarding 
privacy, data protection ridits and stanrlwck, and i3ir itrforrnation practices and priticiples; 
(7) develop model privacy, data protectiotl, and fair infoimation practices, aid 
principles, stxitlards, guiclelities, policies, aid routine nses of data for use by the private 
sector; and 
(8) iipon written reqiiest, provide appropriate assistance to the private sector iti 
implemeiitirig privacy, data protection, and fair information practices, principles, 
standards, glidelines, policies, or rontine nses of privacy mid data protection, and fair 
infonnatioti. 
(b) DISCRXTIONARY FUNCTIONS- The Commission may: 
(1 ) issue advisory opinions relating to privacy aid data protection practices, 
principles, standards, guide lines^ policies, or routine uses of ciata at the request of a 
govenunent agency, a. chta integrity Coinmission of an agency or busitless, a couit, the 
Corgress, n business or any person; 
(2) file cotuments with the Depaitnient of Bud.9et atid Msnagemetif air1 with at~y 
agency oil aiy proposal to: 
(A) create or modi$ a sygtein ofrecords; or 
(€3) establish or alter routine mes of a s h  a system; 


(3) request an Zgency to stay: 
(A) the e.:tablisl~ment or revision ofa sy:ystetn ofrecords; 
(a) a routine use; or 
(C) an exemption; 
(4) review national and local laws, Executive Orders, re@ilations, directives, and 
judicial rlecisions and report on the extent to which they are consistent with privacy mcl 
&a protection rightslts, 
md fair information practices arid principles; 
( 5 )  at the request ofa tiationd or locd government agency, a private business, or 
my person, provicie assistance on matters relatiis to privacy or data protection; 
(6) coimment on the implications tbr privacy or data protection of proposed national 
or local statutes, regulations, or procedives; 
(7) propose legislation on privacy or data protection; 
(8) accept arid investipte complnints about violation of privacy or data protection 
ri@, and fair infomation pract.iees and principles; 
(9) participnte in any formal or inforind ahnitiistrative proceeding or process 
wliere, in the jn(lgnient of the Commission, the action being considered .i.vould have a 
inaterial efliect on privacy or data. protection, eitfier as a result of direct governtnent action 
or as the result of direct goveniiuent regulation of others; 
([(I) petition a govermnent agency to take action on a matter &icting privacy or 
data protection; 
(1 1) conduct, assist, or snpport res.eat.ch, studies, and investigations on the 
collection, tiinintenme, we or tlissetninz&ion ofpersonal itifoimation; the iniplications for 
privacy or data protection of computer, coinmunications, and other technologies, and any 
other matter relating to privacy or ciataprateciiotr. 
(12) assist in the ilevelopinent or iniplementation of policies designed to provitle 
for the protection of persotial infotmtion maintained by private sector recorctkeepers; 
(13) assist Philippine companies doing business abroad to respo11d to foreigi 
privacy or ilata.protection laws and agencies; 


(14) asgist in the coordination of the Philippine privacy and data protection 
policies with the privacy and data protect.ion policies ufforeigti coiintries; and 
(15) cooperate and conault with privacy or data protection commissions, boards, or 
agencies 
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of'foreisn gmetninents. 
SECTIt3N 6. 
C0@2'et:tidi~v Qi'~ injurmnlia:. - (a) LN GEiWPbLL- Each 
depmtinent, agency, and insttiiinentaliiy of the executive bratich of the Goveininent, 
including each independent apicy, shall ikiish to the Cotnrkxioti upon request, made by 
ilie C:haii-person, such data, reports, mtl other infomation as the Commission determines 
necessat-p ta cnrty out its iiuictions nnder this Act. 
(b) CoNFIDENTwLrTT7- In cxartying out its fi~nctions and exercisiny! its powers xirider 
this Act, the Coinmission may accept from any governtnent agency or other person, m y  
identifiable personal data if such data is necessary to caiy oiit swch powers antl iiuictions. 
In ail? case in which the Cotnmission accepts any such infot~nation, it shall provide all 
appropriate safegoards to eiisiire that the conti(ientia1ity of such ititht-tllation is tnaintained 
antl that after completion of tiic specific piitpose fir rvliich such infortnation is required, 
the inilmiation is destroyed or retimed to (he agency or person t?om which it. was 
obtainrtl 
SECTION 7. Powvx Oj~Tile Co!nmixxian. - (a) IN C;ENEP,&- 
The Commission 
may, in cwtyitty! out its iiinctions mder this Act: 
(1.) condiict inspections; 
(2) sit ruirl i c t  at such times and places; 
( 3 )  hold hearings; 
(it-) take testinmy, 


( 5 )  reqiiire by subpoena the attendmice of such witnesses and the production of 
hooks, records, papers, 
correspondence, documents, film, mtd electronic 
informati on, 
( 6 )  administer such oaths; wd 
(7) make appropriate and necessary expenditures. 
(b) S ~ P O I N A S -  (1) Subpoenas shall be issued only upon an Rtfrrmative vote of a 
majority ofdll members offhe Commission. Subpoenas shalt be issned under the sigiahm 
oftlie Cltait~rerson or any member o f  the Comnission designated by the Chairperson. Any 
rnember ofthe Cornmission may administer oaths or aBltniat.ions to witnesses appenrin_g 
before the Commission. 
(2) In the case of a disobedience to a snbpoena issnerl under this Act, the 
Commission may invoke the aid of any Regional Trial Court oftlie Philippine8 in requiring 
cornplinnce with such subpoena. Any Regional Trial Court of the Philippines. within the 
itirisdiction where snch persoti is found or transacts business nmy, it1 the case of coiittunacy 
or r e h d  to obey a subpoena issued by the Commission, issue zti order requiring siich 
person to appear and testiCy, sttd to prot:liIce such books, records, papers, correspondence, 
ilocimients, fiinis, and electronic informatioa as may be required. Any failure to obey the 
order ofthe cotiit sliall be pimished by the court as a contempt thereof 
(c) MPEARANCES- Appearances by the Commission in judicial aid administrative 
proceediiqs shall be in its ow11 name. 
((I) DELEGATION- The Commission may delegate my of its fiinctions to such oEicers mid 
etnployees of the Commission as the Conunissicin may desigiate atid may autliorize xich 
succesuive redelegotions of sucli fitnetions as it may determine desirable. 


(e) ;ij?&fINIS'ntAmE POWERS- In order to carry out provisions of this Act, the 
C:oinmiss ion may: 
(1) enter into contracts or other arrangenmts with any local government, my 
:i.picy or tleparhiient. of the gwerrunetit, or with any person, timi, associatioti, or 
corporation; aid 
(2) establish aclvisoiy cottuniitees, in nccortlnnce with law. 
SECTION 8. Rejmts &xf Infbrmatiori. - In an annual report to the President and 
Congress, the Coinniission shall report on its activities in caqitig out the provisions of 
iliis Act. The C:otnmission shall iu~clertdce whatever eftarts it may determine to he 
necess<aq or appropriate to inform and erbicate the public of data protection, privacy, mid 
.fiiir iidbtmation rights aiitl responsibilities. 
SECTION 9. ~
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- To carty oiit the provisiotis ofthis Act, such s i m  
as niny be necessary is Iierebp authorized to be appropriated %om the National Treasury. 
Ttierextter, the slim iiecessary for the continiious operation ofttie program shalt be included 
in tlie cmi~~l 
appropriation oftlie OI3ce ofthe President. 
SECl'ION 10. Se-parubiiify Cl'auxe. - If any provision, or pa? Iiereoc is held 
invalid or unconstititional, the retnaiiider ofthe taw or the provision utiall remain valid 
riiitl mbsisting 
SEC'rm? 11.. Repitdirzg (7knlsit. - Any law, presidential decree or issnance, 
executive order, letter of instniction, administrative order, nile or regulation cotitray to os 
inconsistent with, the provisions of this Act is fierebp repeoalerl, modifietl or aiiencieil 
accordingly. 


SECTION 12. l?f&crit.itj, Clause. - This: Act y h d l  take effect fifteen (15) 
t h y  
attar iis publication in at iemt two (2) newspzyers ofgeneral circulaiion. 
Approved.