FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No__2285

EXPLANATORY NOTE

The 1987 Constitution guarantees the right to privacy of every individual
regardless of sex, status or belief, which includes the privacy of information
pertaining him. In the hierarchy of civil and political rights, this right occupies a
higher degree than any other right. The Universal Declaration of Human Rights,
the International Covenant on Civil and Political Rights and other human rights
laws recognize the significance of this right to the attainment of real
development, that is, the realization of all human rights.

There is no hard and fast rule defining the scope of the right to privacy.
More often than not, this right is being interpreted in the light of circumstances
surrounding the particular case. This means that the right to privacy can collide
with the right of the people to public information, which is another right
recognized by the Constitution. In case of motor vehicle record, which is kept
by the Land Transportation Office and/or Department of Transportation and
Communication, protection should be provided to the privacy of information
against the unlawful disclosure of individual motor vehicle record.

However, at present, there is no law regulating the disclosure of motor
vehicle records notwithstanding the fact that indiscriminate disclosure, as said
earlier would violate the right to privacy of the individual involved.

Thus, this bill seeks to establish guidelines in the disclosure of such
motor vehicle.

Immediate passage of this bill is earnestly sought.
RUFYS B. RODRIGUEZ

MAXIMO B. ee se JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No__2285

PROVIDING PRIVACY PROTECTION FOR MOTOR VEHICLE OWNERS

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled.

SECTION 1. Short Title, - This Act shall be known as the “Driver's
Privacy Protection Act."

SEC 2. Declaration of Policy - It is hereby declared to be the policy of
the State to protect the right to privacy of every individual by prohibiting
disclosure of personal information in motor vehicle record.

SEC 3. Definition of Terms - For purposes of this Act, the term:

(1) "Motor vehicle record” means any record that pertains to vehicle
operator's permit, motor vehicle title, motor vehicle registration, or
identification card issued by the Land Transportation Office;

(2) "Person" means any individual, organization or corporation,
partnership or any entity, but does not include the government or
any subdivision or agency or instrumentality thereof, including
government owned or controlled corporations;

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"Personal information” means the information that identifies an
individual, including photograph, social security number, driver
information number, name, address, telephone number and medical
or disability information, but does not include information on
vehicular accidents, driving violations and driver's status.

SEC 4. Permissible Uses - Personal information may only be disclosed
as follows:

(a) For use by any government agency, including any court or

law enforcement agency, in carrying out its functions or any


(b)

(c)

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(e)

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private person or entity acting on-behalf of the-government or
its agency in carrying out its functions;
For use in connection with matters of motor vehicle or driver
safety and theft: motor vehicle emissions; motor vehicle
product alterations, recalls or advisories, performance
monitoring of motor vehicles, motor vehicle parts and dealers;
motor vehicle market research activities, including survey
research; and removal of non-owner records of motor vehicle
manufacturers;
For use in the normal course of business by a legitimate
business or its agents, employees or contractors, but only —
to verify the accuracy of personal information submitted
by the individual to the business or its agents,
‘employees or contractors; and
to obtain the correct information, if such information as
so submitted is not correct or is no longer correct, but
only for the purposes of preventing fraud by pursuing
legal remedies against, or recovering on a debt or
‘security interest against the individual;
For use in connection with any civil, criminal, administrative or
arbitration proceeding in any court or any government
agency, or before any self anticipation of litigation, and the
execution or enforcement of judgments and orders, or
pursuant to an order of a court;
For use in research activities, and for use in producing
statistical reports, so long as the personal information is not
published, re-disclosed or used to contract individuals;
For use by any insurer or insurance support organization, or
by a self ensured entity, or its agents, employees or
contractors, in connection with claims investigation activities,
antifraud activities rating or underwriting;
For use in providing notice to the owners of towed or
impounded vehicles;
For use by any licensed private investigative agency or
licensed security service for any purpose permitted under this
Section;
For use by any employer or its agent or insurer to obtain or
verify information relating to a holder of a commercial driver's
license;
For use in connection with the operation of private toll
transportation facilities;
For bulk distribution for surveys, marketing or solicitations if
motor vehicle department has implemented methods and
procedures to ensure that —
individuals are provided an opportunity, in clear and
conspicuous manner, to prohibit such uses; and
the information will be used, rented or sold solely for
bulk distribution for surveys, marketing and
solicitations, and that surveys, marketing and
solicitations will not be directed at those individuals who



have requested in-a timely fashion that they not be
directed at them.
0) For use by any requester, if the requester demonstrates it has
obtained the written consent of the individual to whom the
information pertains;

(m) For any other use specifically authorized under the existing
laws of any government agency that holds the record, if such
is related to the operation of a motor vehicle or public safety.

SEC 5. Prohibited Acts - Except as otherwise provided by the Land
Transportation Office and/or Department of Transportation and
Communication, any agency, officer or employee or contractor shall not
knowingly disclose or otherwise make available to any person or entity
personal information about any individual obtained by the Office in connection
with a motor vehicle record.

SEC 6. Other Unlawful Acts -

@) Procurement for unlawful purpose. It shall be unlawful for any
person knowingly to obtain or disclose personal information,
from a motor vehicle record, for any use not permitted under
this Act;

(b) False Representation. It shall be unlawful for any person to
make false representation to obtain any personal information
from an individual's motor vehicle record.

SEC 7. Re-Disclosure- An authorized recipient of personal information
may re-disclose the information only for a use permitted under Section 4. Any
authorized recipient except a recipient under Section 4 that re-disclosed
personal information covered by this Act must keep for a period of 5 years
records identifying each entity that receives information and the permitted
purpose for which the information will be used and must make such records
available to the Land Transportation Office upon request.

SEC 8. Waiver Procedure - The Land Transportation Office and/or
Department of Transportation and Communication may establish and carry out
procedures under which the department or its agents, upon receiving a request
for personal information that does not fall within one of the exceptions in
Section 4, may mail a copy of the request to the individual about whom request
is taken, together with a statement to the effect that the information will not be
released unless the individual waives such individual's right to privacy under
this Section.

SEC 9. Penalties. - -

(2) A person who knowingly violates this Act shall be fined in the amount
of not less that ten thousand pesos (P10,000.00) or imprisoned for not less
than three (3) months or both at the discretion of the court. If the offense is
committed by a corporation, trust, firm, partnership or association or other
entity, the penalty shall be imposed upon the guilty officer or officers of such
corporation, trust, firm, partnership or association or entity;


(b) Violations by Government Agencies. Any government agency that
has a policy or practice of substantial noncompliance with this Act shall be
subject to a penalty to be imposed by the court of not more than one hundred
thousand pesos (P100,000.00) a day for each day of substantial non-
compliance.

SEC 10. Civil Action

a) Cause of Action. Any individual to whom the information pertains, may
bring a criminal or civil action in court, against any person who knowingly
obtains, discloses or uses personal information, from a motor vehicle record,
for a purpose not permitted under this Act.

SEC 11. Remedies- In case of violations of this Act, the court may
award
(1) damages, in the amount of P50,000.00;
(2) punitive damages upon proof of willful or reckless disregard of the law;
(3) reasonable attorney's fees and other litigation costs reasonably incurred;

(4) such other preliminary and equitable relief as the court determines to be
appropriate

SEC 12. Separability Clause - If any provision or part hereof is held
invalid or unconstitutional, the remainder of the law or the provision not
otherwise affected shall remain valid and subsisting.

SEC 13. Repealing Clause. - Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation

contrary to or inconsistent with, the provisions of this Act is hereby repealed,
modified or amended accordingly.

SEC 14. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its publication in at least two (2) newspapers of general circulation

Approved.