FOURTEENTH CONGRESS OF THE REPUBLIC) 
First Regular Session 
OF THE PHILIPPINES 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 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, 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.* 
' This bill was originally filed during the Thirteenth Congress, First Regular Session. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
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First Regular Session 
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S. B. No. 
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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO ESTABLISH A PRIVACY PROTECTION COMMISSION 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assem bled: 
SECTION 1. Short Title. - This Act shall be known as the “Privacy Protection Act.” 
SECTION 2. Establishment of a Privacy Protection Commission. - There is established 
the Privacy Protection Commission, here called the “Commission.” 
SECTION 3. Privacy Protection Commission. - 
(A) Membership. - The Commission shall be composed of five (5) members who shall be 
appointed by the President, by and with the consent of the Senate, from among members of the 
public at large who are well qualified for service on the Commission by their knowledge and 
expertise in: 
(1) Civil rights and liberties; 
(2) Law; 
(3) Social sciences; 
(4) Computer technology 
(5) Business; or 
(6) State and local government. 
No more than two (2) members of the Commission shall be members of the same 
political party. One of the members shall be designated Chairperson of the Commission by the 
President. 
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(B) Meetings. - The Chairperson shall preside at all meetings of the Commission, but the 
Chairperson may designate another member as an acting Chairperson who may preside in the 
absence of the Chairperson. A quorum for the transaction of business shall consist of at least 
three (3) members present, except that one member may conduct hearings and take testimony if 
authorized by the Commission. Each member of the Commission, including the Chairperson, 
shall have equal responsibility and authority in all decisions and actions of the Commission, shall 
have full access to all information relating to performance of the duties and responsibilities of the 
Commission, and shall have one vote. Action of the Commission shall be determined by a 
majority vote of the members. The Chairperson or acting Chairperson shall see to the faithful 
execution of the policies and decisions of the Commission and shall report thereon to the 
Commission from time to time or as far as the Commission may direct. 
(C) Terms. - A member of the Commission shall serve for a term of seven (7) years, 
except for members first appointed to the Commission: 
(1) The member designated as Chairperson by the President shall be appointed 
for a term of seven (7) years; 
(2) Two (2) members shall be appointed for a term of five (5) years; 
(3) Two (2) members shall be appointed for a term of three (3) years; and 
(4) All such terms shall begin on 
(a) January 1 next following the date of the enactment of this Act; or 
(b) Such date as designated by the President 
A member may continue to serve until a successor is confirmed. Members shall be 
eligible for reappointment for a single additional term. 
(D) Vacancies. - Vacancies in the membership of the Commission shall be filled in the 
same manner in which the original appointment was made. If there are two (2) or more 
Commission members in office, vacancies in the membership of the Commission shall not 
impair the power of the Commission to execute functions and powers of the Commission. 
(E) Compensation and Restriction on Other Employment. - The members of the 
Commission may not engage in any other employment during their tenure as members of the 
Commission. 
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(F) Requests and Recommendations. - Whenever the Commission submits any budget 
estimate or request to the President or the Department of Budget and Management, it shall 
concurrently transmit a copy of that request to Congress. 
Whenever the Commission submits any legislative recommendation, or testimony, or 
comments on legislation, to the President or Department of Budget and Management, it shall 
concurrently transmit a copy of that request to Congress. No officer or government agency shall 
have any authority to require the Commission to submit its legislative recommendations, or 
testimony, or comments on legislation, to any officer or government agency for approval, 
comments, or review, prior to the submission of such recommendations, testimony or comments 
to Congress. 
(G) Seal. - The Commission shall have an official seal which shall be judicially noted. 
SECTION 4. Personnel of the Commission. - 
(A) Executive Director and General Counsel. - The Commission shall appoint an 
Executive Director and a General Counsel who shall perform such duties as the Commission 
may determine. The Executive Director and the General Counsel shall be compensated at a rate 
to be determined by the President. 
(B) Limitation on Employees. - The Commission is authorized to appoint and fix the 
compensation of not more than fifry (50) officers and employees, or the full-time equivalent 
thereof, and to prescribe their functions and duties. 
(C) Consultants. - The Commission may obtain the services of experts and consultants in 
accordance with law. 
@) Detail of Government Employees. - Any government employee may be detailed to 
the Commission without reimbursement, and such detail shall be without interruption or loss of 
civil service status of privilege. 
SECTION 5. Functions of the Commission. - 
(A) In General. - The Commission shall: 
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(1) Provide leadership and coordination to the efforts of all government 
departments and agencies to enforce all statutes, Executive Orders, regulation 
and policies which involve privacy or data protection; 
(2) Maximize effort, promote efficiency, and eliminate conflict, competition, 
duplication and inconsistency among the operation, fnnctions and jurisdictions 
of government departments and agencies responsible for privacy or data 
protection, data protection right and standards, and fair information practices 
and principles; 
(3) Develop model standards, guidelines, regulations, policies and routine uses for 
and by national and local agencies in implementing the provisions of the 
Constitution and other laws on privacy; 
(4) Publish on a regular basis a guide to all laws relating to data protection, for 
use by record subjects; 
( 5 )  Publish a compilation of agency system of records notices, including an index 
and other finding aids; 
(6) Provide active leadership, guidance, education and appropriate assistance to 
private sector businesses and organizations, groups, institutions, and 
individuals regarding privacy, data protection rights and standards, and fair 
information practices and principles; 
(7) Develop model privacy, data protection and fair information practices. And 
principles, standards, guidelines, policies and routine uses of data for use by 
the private sector; and 
(8) Upon written request, provide appropriate assistance to the private sector in 
implementing privacy, data protection and fair information practices, 
principles, standards, guideline, policies or routine uses of privacy and data 
protection, and fair information. 
(B) Discretionary Functions. - The Commission may: 
(1) Issue advisory opinions relating to privacy and data protection practices, 
principles, standards, guidelines, policies or routine uses of data at the request 
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of a government agency, a data integrity Commission of an agency or 
business, a court, the Congress, a business or any person; 
(2) File comments with the Department of Budget and Management and with any 
agency on any proposal to create or modify system of records; or establish or 
alter routine uses of such system; 
(3) Request an agency to stay the establishment or revision of a system of 
records; a routine use; or an exemption; 
(4) Review national and local laws, Executive Orders, regulations, directives and 
judicial decisions and report on the extent to which they are consistent with 
privacy and data protection rights, and fair information practices and 
principles; 
(5) At the request of a national or local agency, a private business, or any person, 
provide assistance on matters relating to privacy or data protection; 
(6) Comment on the implication for privacy or data protection of proposed 
national or local statutes, regulations or procedures; 
(7) Propose legislation on privacy or data protection; 
(8) Accept and investigate complaints about violation of privacy or data 
protection rights, and fair information practices and principles; 
(9) Participate in any formal or informal administrative proceeding or process 
where, in the judgment of the Commission, the action being considered would 
have a material effect on privacy or data protection, either as a result of direct 
government action or as the result of direct government regulation of others; 
(10) Petition a government agency to take action on a matter affecting privacy or 
data protection; 
(11) Conduct, assist or support research, studies and investigations on the 
collection , maintenance, use or dissemination of personal information, the 
implications for privacy and data protection of computer, communications 
and other technologies, and any other matter relating to privacy or data 
protection; 
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(12) Assist in the development or implementation of policies designed to provide 
for the protection of personal information maintained by private sector 
record keepers; 
(13) Assist Philippine companies doing business abroad to respond to foreign 
privacy or data protection laws and agencies; 
(14) Assist in the coordination of the Philippine privacy and data protection 
policies with the privacy and data protection policies of foreign countries; 
and 
(15) Cooperate and consult with privacy or data protection commissions, boards 
or agencies of foreign governments. 
SECTION 6. Confidentiality of Information. - 
(A) In General. - Each department, agency and instrumentality of the executive branch 
of the Government, including each independent agency, shall furnish to the Commission upon 
request made by the Chairperson, such data, reports and other information as the Commission 
determines necessary to carry out its functions under this Act. 
(B) Confidentiality. - In carrying out its functions and exercising its powers under this 
Act, the Commission may accept from any government agency or other person any identifiable 
personal data if such data is necessary to carry out such powers and functions. In any case in 
which the Commission accepts any such information, it shall provide all appropriate safeguards 
to ensure that the confidentiality of such information is maintained and that after completion of 
the specific purpose for which such information is required, the information is destroyed or 
returned to the agency or person from which it was obtained. 
SECTION 7. Powers of the Commission. - 
(A) In General. - The Commission may, in carrying out its functions under this Act: 
(1) Conduct inspections; 
(2) Sit and act at such times and places; 
(3) Hold hearings; 
(4) Take testimony; 
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(5) Require by subpoena the attendance of such witnesses and the production of 
books, records, papers, correspondence, documents, film and electronic 
information; 
(6) Administer such oaths; and 
(7) Make appropriate and necessary expenditures. 
(B) Subpoenas. - Subpoenas shall be issued only upon an affirmative vote of a majority 
of all members of the Commission. Subpoenas shall be issued under the signature of the 
Chairperson or any member of the Commission designated by the Chairperson. Any member of 
the Commission may administer oaths or affirmations to witness appearing before the 
Commission. 
In the case of a disobedience to a subpoena issued under this Act, the Commission may 
invoke the aid o€ any Regional Trial Court of the Philippines in requiring compliance with such 
subpoena. Any Regional Trial Court of the Philippines within the jurisdiction where such person 
is found or transacts business may, in the case of contumacy or refusal to obey a subpoena issued 
by the Commission, issue an order requiring such person to appear and testify, and to produce 
such books, records, papers, correspondence, documents, films and electronic information as 
may be required. Any failure to obey the order of the court shall be punished by the court as 
contempt thereof. 
(C) Appearances. - Appearances by the Commission in judicial and administrative 
proceedings shall be in its own name. 
(D) Delegation. -The Commission may delegate any of its functions to such officers 
and employees of the Commission as the Commission may designate and may authorize such 
successive re-delegations of such functions as it may determine desirable. 
(E) 
Commission may: 
Administrative Powers. - In order to carry out provisions of this Act, the 
(1) Enter into contracts or other arrangements with any local goveiimient, any 
agency or department of the government, or with any person, firm, 
association, or corporation; and 
(2) Establish advisory committees, in accordance with law. 
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SECTION 8. Reports and Information. - In an annual report to the President and 
Congress, the Commission shall report on its activities in carrying out the provisions of this Act. 
The Commission shall undertake whatever efforts it may determine to be necessary or 
appropriate to inform and educate the public of data protection, privacy and fair information 
rights and responsibilities. 
SECTION 9. Appropriations. To carry out the provisions of this Act, such sum as may 
be necessary is hereby authorized to be appropriated from the National Treasury. ThereaRer, the 
sum necessary for the continuous operation of the program shall be included in the annual 
appropriation of the Office of the President. 
SECTION 10. 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. 
SECTION 11. Repealing Clause. Any law, presidential decree or issuance, executive 
order, letter o€ instruction, administrative order, rule or regulation contrary to, or inconsistent 
with, the provision of this Act is hereby repealed, modified or amended accordingly. 
SECTION 12. Effectivity Clause. This Act shall take effect fifteen days (15) days afrer 
its publication in at least two (2) newspapers of general circulation. 
Approved, 
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