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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

15" Congress
First Regular Session

House Bili No, 1554

Introduced by Representative Roman T. Romulo
Lone District of Pasig City

EXPLANATORY NOTE

The Philippines does not have a unified and special law relating to the
protection of the right of citizens to exercise choice to privacy and confidentiality
of, and content control over, their personal information in both private and
government information and communications systems

This bill seeks: (1) to establish fair practices and regulation relating to the
collection, use and protection of an individual's private information in both private
and government information and communications systems, (2) to contribute to
the promotion and development of electronic commerce in the Philippines, and to
enhance the competitiveness of the Philippines in the international economy as a
hub for business process outsourcing, and (3) to protect the consumers and
promote consumer trust and user confidence in electronic commerce.through the
issuance of clear, transparent, predictable and enforceable rules to clarify and
ensure the protection of personal data in information and communications
systems in both the private sector and the government sector.

The undersigned believes that the passage of this bill will enhance the
competitiveness of the Philippines in the international economy as a hub for
business process outsourcing, and promote consumer trust and user confidence
in electronic commerce.

For these reasons, the passage of this bill is earnestly sought,

&
ROMAN T. ROMULO.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
415" Congress

House Bill No.__1554

introduced by Representative Roman T. Romulo
Lone District of Pasig City

AN ACT PROTECTING INDIVIDUAL PERSONAL DATA IN INFORMATION
AND COMMUNICATIONS SYSTEMS IN THE GOVERNMENT AND THE
PRIVATE SECTOR, CREATING FOR THIS PURPOSE A NATIONAL DATA
PRIVACY COMMISSION, AND FOR OTHER PURPOSES

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

Chapter I. GENERAL PROVISIONS
Section 1. Short Title, - This Act shall be known as the "Data Privacy Act’

Section 2. Declaration of Policy. - It is the policy of the State to protect the
fundamental human right of privacy of communication. The State likewise
recognizes the vital role of information and communications technology in nation
building but with its inherent obligation to ensure that personal information in
information and communications systems in the government and the private
sector are secure and protected.

Section 3. Interpretation. - Any doubt in the interpretation of any provision of this
Act shall be interpreted in a manner mindful of the rights and interests of the
individual about whom personal information is processed.

Section 4. Definition of Terms. -Whenever used in this Act, the following terms
shall have the respective meanings hereafter set forth:

“Personal information” means any information, or an opinion, whether true
or not and whether recorded in a material form or not, from which the
identity of an individual is apparent to or can be reasonably and directly
ascertained by the entity holding the information, or when put together
with other information would identify an individual.

“Personal information controller’ means a person or organization who
controls the collection, holding, processing or use of personal information,
including a person or organization who instructs another person or
organization to collect, hold, process, use, transfer or disclose personal
information on his or her behalf. The term excludes:

a) a person or organization who performs such functions as instructed
by another person or organization; and

b) an individual who collects, holds, processes or uses personal
information in connection with the individual's personal, family or
household affairs.


“Processing” shall mean any operation or any set of operations performed
upon personal information, including, but not limited to, the collection,
recording, organization, storage, updating or modification, retrieval,
consultation, use, consolidation, blocking, erasure, or destruction of data

"Filing system” means any set of information relating to natural or juridical
persons to the extent that, although the information is not processed by
means of equipment operating automatically in response to instructions
given for that purpose, the set is structured, either by reference to
individuals or by reference to criteria relating to individuals, in such a way
that specific information relating to a particular person is readily
accessible.

“Sensitive personal information” means personal information —

a) about an individual's race, ethnic origin, marital status, age, color,
religious, philosophical or political affiliations;

b) which provide information as to the health, education, genetic or sexual
life of a person, or to any proceeding for any offense committed or
alleged to have been committed by such person, the disposal of such
proceedings, or the sentence of any court in such proceedings;

©) which are issued by government agencies peculiar to an individual
which includes, but not limited to, Social Security numbers, previous or
current health records, licenses or its denials, suspension, or
revocation, and Tax returns;

d) which have been specifically authorized under criteria established by
an Executive Order or an Act of Congress to be kept classified in the
interest of national defense or foreign policy.

“Privileged information” means any and all forms of data which under
Section 24, Rule 130 of the Rules of Court and other pertinent laws,
constitute privileged communication, specifically but not limited to those
pertaining to communication exchanged in confidence between --

a) Husband and wife;

b) Lawyer and Client;

©) Physician and Patient:

d) Publisher, Editor or Reporter and their Informant;
e) Parents and their Children.

“Data Subject” means an individual whose personal information is
processed.

“Consent of the data subject” means any freely given, specific and
informed expression of will, either in written or electronic form executed
personally and voluntarily by the data subject, whereby the data subject
agrees to the processing of personal information about and/or relating to
him or her.

"Direct marketing” means communication by whatever means of any
advertising or marketing material which is directed to particular individuals.

“Information and Communications System” means a system for
generating, sending, receiving, storing or otherwise processing electronic


data messages or electronic documents and includes the computer
system or other similar device by or in which data is recorded, transmitted
or stored and any procedures related to the recording, transmission or
storage of electronic data message or electronic document.

"Commission" shall refer to the National Privacy Commission created by
virtue of this Act,

Sec. 5. Scope - This Act applies to the processing of all types of personal
information, and to any natural and juridical person involved in personal
information’ processing including those personal information controllers who,
although not found or established in the Philippines, uses equipment that are
located in the Philippines, or those who maintain an office, branch or agency in
the Philippines subject to the immediately succeeding paragraph provided further
that the requirements of Section 6 is complied with.

This Act does not apply to the following:

1a) information about an individual who is or was an officer or employee of
a government institution that relates to the position or functions of the
individual including:

1) the fact that the individual is or was an officer or employee of the
government institution,

2) the title, business address and telephone number of the
individual,

3) the classification, salary range and responsibilities of the position
held by the individual,

4) the name of the individual on a document prepared by the
individual in the course of employment, and

5) the personal opinions or views of the individual given in the
course of employment,

b) information about an individual who is or was performing services
under contract for a government institution that relates to the services
performed, including the terms of the contract, the name of the
individual and the opinions or views of the individual given in the
course of the performance of those services,

¢) information relating to any discretionary benefit of a financial nature
given by the government, including the granting of a license or
permit, conferred on an individual, including the name of the
individual and the exact nature of the benefit,

4d) personal information processed for personal or household and family
purposes and where the personal information collected are not
disclosed to other persons,

€) personal information processed for journalistic, artistic or literary
purposes.

Sec. 6. Extraterritorial Application. This Act applies to an act-done or practice
engaged in and autside of the Philippines by an entity if

a) the act, practice or processing relates to personal information about a
Philippine citizen or a resident;


b) the entity has a link with the Philippines such as but not limited to the
following:

1) acontract is entered in the Philippines;

2) a juridical entity unincorporated in the Philippines but has central
management and control_in the country; and

3) an entity that has a branch, agency, office or subsidiary in the
Philippines.

c) the entity has other links in the Philippines such as but not limited to

1) the entity carries on business in the Philippines; and
2) the personal information was collected or held by an entity in the
Philippines.

Chapter Il. THE NATIONAL PRIVACY COMMISSION

Section 7. Creation and Functions of the National Privacy Commission ~ A
National Privacy Commission is hereby created to administer and implement the
provisions of this Act, and to monitor and ensure compliance of the country with
international standards set for data protection, which shall have the following
functions:

a) ensure compliance of personal information controllers with the
provisions of this Act,

b) receive complaints, institute investigations, facilitate or enable
settlement of complaints through the use of alternative dispute
resolution processes, adjudicate, award indemnity on matters affecting
any personal information, prepare reports on disposition of complaints
and resolution of any investigation it initiates, and, in cases it deems
appropriate, publicize any such report, provided that in resolving any
complaint or investigation (except where amicable settlement is
reached by the parties), the Commission shall act as a collegial body
For this purpose, the Commission may be given access to personal
information subject of any complaint and to collect the information
necessary to perform its functions under this Act;

©) issue cease and desist orders, impose a temporary or permanent ban
on the processing of personal information, upon finding that the
processing will be detrimental to national security and public interest;

d) compel or petition any entity, government agency or instrumentality to
abide by its orders or take action on a matter affecting data privacy;

€) monitor the compliance of other government agencies or
instrumentalities on their security and technical measures and
recommend the necessary action in order to meet minimum standards
for protection of personal information pursuant to this Act;

f) coordinate with other government agencies and the private sector on
efforts to formulate and implement plans and policies to strengthen the
protection of personal information in the country;

g) publish on a regular basis a guide to all laws relating to data protection;


h) publish a compilation of agency system of records and notices,
including index and other finding aids;

i) recommend to the Department of Justice the prosecution and
imposition of penalties of criminal offenses specified in this Act;

j) review, approve, reject or require modification of privacy codes
voluntarily adhered to by personal information controllers as well as
other private sector self-regulatory initiatives, provided that the privacy
codes or self-regulatory initiatives shall adhere to, and provide effective
means of enforcing, the underlying data privacy principles embodied in
this Act, and provided further that such privacy codes or self-regulatory
initiatives may include private dispute resolution mechanisms for
complaints against any participating personal information controller;

k) provide assistance on matters relating to privacy or data protection at
the request of a national or local agency. a private entity or any person;

}) comment on the implication on data privacy of proposed national or
local statutes, regulations or procedures, issue advisory opinions and
interpret the provisions of this Act and other data privacy laws;

m) propose legislation, amendments or modifications to Philippine laws on
privacy or data protection as may be necessary;

n) ensure proper and effective coordination with data privacy regulators in
other countries and private accountability agents, participate in
international and regional initiatives for data privacy protection, and,
generally, perform such acts as may be necessary to facilitate cross-
border enforcement of data privacy protection;

©) negotiate and contract with other data privacy authorities of other
countries for cross-border application and implementation of respective
privacy laws;

p) assist Philippine companies doing business abroad to respond to
foreign privacy or data protection laws and regulations, and

q) feport annually to the Congress and the President on the activities of
the Commission in carrying out the provisions of this Act,

Section 8. Organizational Structure of the Commission - The Commission shall
be attached to the Office of the President and shall be headed by a Privacy
Commissioner, who shall also act as Chairman of the Commission. The Privacy
Commissioner shall be assisted by two (2) Deputy Privacy Commissioners, one
to be responsible for Data Processing Systems and one to be responsible for
Policies and Planning. The Privacy Commissioner and the two (2) Deputy
Privacy Commissioners shall be appointed by the President of the Philippines for
a term of six (6) years without reappointment. Of those first appointed, the
Privacy Commissioner shall hold office for six (6) years, a Deputy Privacy
Commissioner for three (3) years, and the last Deputy Privacy Commissioner for
two (2) years, without reappointment

The Privacy Commissioner must be a member of the Philippine Bar, at least
thirty-five (35) years of age and of good moral character, unquestionable integrity
and known probity, preferably with experience in Information Technology. The


Privacy Commissioner shall enjoy the benefits, privileges and emoluments
equivalent to the rank of Secretary.

The Deputy Privacy Commissioners must be recognized experts in the field of
information and communications technology or data privacy. They shall enjoy
the benefits, privileges and emoluments equivalent to the rank of Undersecretary

Section 9. Confidentiality — the Privacy Commissioner and the Deputy Privacy
Commissioners shall ensure at all times the confidentiality of any personal
information that comes to their knowledge and possession.

Section 10. Immunity. - Any violation of this Act shall subject them to criminal,
civil and/or administrative sanction, provided however that no criminal or civil
proceedings shall lie against the Privacy Commissioner, the Deputy Privacy
Commissioners, or any person acting on their behalf or under their direction, for
anything done, reported or said in good faith as a result of the performance or
exercise or purported performance or exercise of any duty or power under this
Act.

SEC. 11. 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 at least two (2) members in office, vacancies in the membership of the
Commission shall not impair the exercise of its powers and to execute its
functions.

Sec. 12. Restriction on other employment ~ The members of the Commission
may not engage in any other employment during their tenure as members of the
Commission.

Sec. 13. Seal — The Commission shall have an official seal which shall be
judicially noted

Chapter Ill. PROCESSING OF PERSONAL INFORMATION

Sec. 14. General Data Privacy Principles - The processing of personal
information, shall be allowed, subject to compliance with the requirements of this
Act and other laws allowing disclosure of information to the public and adherence
to the principles of transparency, legitimate purpose and proportionality

Personal information must be:

a) collected for specified and legitimate purposes determined and
declared before, or as soon as reasonably practicable, collecting
personal information and later processed in a way compatible with
such declared, specified and legitimate purposes only;

b) processed fairly and lawfully;

¢) accurate, relevant, and, where necessary for the processing of
personal information, kept up to date; inaccurate or incomplete data
must be rectified, supplemented, destroyed or their further processing
must be restricted;

d) adequate and not excessive in relation to the purposes for which they
are collected and processed:


€) retained only for as long as necessary for the fulfilment of the
purposes for which the data was obtained or as provided by law;

f)_ kept in a form which permits identification of data subjects for no longer
than is necessary for the purposes for which the data were collected
and processed; Provided, that personal information collected for other
purposes may be processed for historical, statistical or scientific
Purposes and in cases laid down in law may be stored for longer
periods; Provided, further, that adequate safeguards are guaranteed
by said laws authorizing their processing

The personal information controller must ensure implementation of
personal information processing principles set out herein.

Section 15. Criteria for Lawful Processing of Personal Information - The
processing of personal information shall be permitted only if not otherwise
prohibited by law, and at least one of the following conditions exist:

a) the data subject has given his or her unambiguous consent which must
be given in writing, or through any other similar means of express
consent, according to the circumstances;

b) the processing of personal information is necessary and is related to
the fulfillment of a contract with the data subject or in order to take
steps at the request of the data subject prior to entering into a contract:

©) the processing is necessary for compliance with a legal obligation to
which the personal information controller is subject;

d) the processing is necessary to protect vitally important interests of the
data subject, including life and health; or

€) the processing is necessary in order to respond to national emergency,
to comply with the requirements of public order and safety, or when
necessary for the performance of a task carried out in the public
interest or in the exercise of official authority vested in the personal
information controller or in a third party to whom the data are
disclosed.

Section 16. Sensitive Personal Information and Privileged Information - The
processing of sensitive personal information and privileged information shall be
prohibited, except in the following cases:

a) the data subject has given his or her consent prior to the
processing, or in the case of privileged information, all parties to the
exchange have given their consent prior to processing;

b) the processing of the same is provided for by existing laws and
regulations, provided, that such regulatory enactments guarantee
the protection of the sensitive personal information and the
privileged information, and provided further, that the consent of the
data subjects are not required by the law, or regulation permitting
the processing of sensitive personal information or the privileged
information;

©) the processing is necessary to protect the life and health of the
data subject or another person, and the data subject is not legally
or physically able to express his or her consent prior to the
processing:

d) processing is necessary to achieve the lawful, non-commercial
objectives of public organizations and their associations, provided,
such processing is only confined and related to the bona fide
members of these organizations or their associations, provided


further, that the sensitive personal information are not transferred to
third parties, and provided finally, that consent of the data subject
was obtained prior to processing:

€) the processing is necessary for the purposes of medical treatment,
is carried out by a medical practitioner or a medical treatment
institution, and an adequate level of protection of personal
information is ensured; or

f)_ the processing concerns such personal information as is necessary
for the protection of lawful rights and interests of natural or legal
persons in court proceedings,

Section 17. Subcontract of Personal ‘Information - A personal information
controller may subcontract the processing of personal information provided, that,
the personal information controller shall be responsible for ensuring that proper
safeguards are in place to ensure the confidentiality of the personal information
processed, prevent its use for unauthorized purposes, and generally, comply with
the requirements of this Act and other laws for processing of personal
information.

Section 18. Storage of Data - Personal information shall be stored and used only
for as long as it is necessary to achieve the purpose for which it was processed,
after which the personal information shall be deleted or blocked from a personal
information base, unless otherwise provided by law.

Section 19. Extension of Privileged Communication — Personal information
controllers may invoke the principle of privileged communication over privileged
information that they lavully control or process. Subject to existing laws and
regulations, any evidence gathered on privileged information is inadmissible

Chapter IV. RIGHTS OF THE DATA SUBJECT
Section 20. Rights of the Data Subject - The data subject is entitled to:

a) be informed whether personal information pertaining to him or her shall
be, are being, or have been processed;

b) before the entry of his or her personal information into the processing
system of the personal information controller, or at the next practical
opportunity, be furnished the following:

i. description of the personal information to be entered into the
system:

ii. purposes for which they are being or are to be processed;

ili, scope and method of the personal information processing:

iv. recipients or classes of recipients to whom they are or may be
disclosed; and

v. methods utilized for automated access, if the same is allowed by
the data subject, and the extent to which such access is authorized.

Any information supplied or declarations made to the data subject on
these matters shall not be amended without prior notification of data
subject; Provided further, the notification under letter (b) shall not apply
should the personal information be needed pursuant to a subpoena or
when the collection and processing are for obvious purposes.

©) be given reasonable access to, upon demand, the following


i. contents of his/her personal information that were processed;

ii, source from which personal information were obtained;

iii, names and addresses of recipients of the personal information:

iv. manner by which such data were processed;

v. reasons for the disclosure of the personal information to
recipients;

vi. information on automated processes where the data will or is
likely to be made as the sole basis for any decision significantly
affecting or will affect the data subject:

vii. date when his or her personal information concerning the data
subject were last accessed and modified;

viii, The designation, or name, or identity and address of the personal
information controller;

d) dispute the inaccuracy or error in the personal information and have
the personal information controller correct it’ immediately and
accordingly, unless the request is vexatious or otherwise
unreasonable. If the personal information has been corrected, the
personal information controller shall ensure the accessibility of both the
new and the retracted information and the simultaneous receipt of the
new and the retracted information by recipients thereof provided further
that third parties who have previously received such processed
personal information shall be informed of its inaccuracy and its
rectification upon reasonable request of the data subject; or,

) suspend, withdraw or order the blocking, removal or destruction of his
or her personal information from the personal information controller's
filing system upon discovery and substantial proof that the personal
information are incomplete, outdated, false, unlawfully obtained, used
for unauthorized purposes, used for direct marketing purposes, unless
expressly authorized, or are no longer necessary for the purposes for
which they were collected. In this case, the personal information
controller may notify third parties who have previously received such
processed personal information;

1) be indemnified for any damages sustained by the latter due to such
inaccurate, incomplete, outdated, false, unlawfully obtained,
unauthorized use of personal information

Sec. 21. Transmissibility of Rights of Data Subject - The lawful heirs and assigns
of the data subject may invoke the rights of the data subject for which s/he is an
heir or assign at any time after the death of the data subject or when the data
subject is incapacitated or incapable of exercising the rights as enumerated in
the immediately preceding section.

Sec. 22. Non-applicability - The immediately preceding sections are not
applicable if the processed personal information are used only for the needs of
scientific and statistical research and, on the basis of such, no activities are
carried out and no decisions are taken regarding the data subject, Provided, that
the personal information shall be held under strict confidentiality and shall be
used the same only for the declared purpose. Likewise, the immediately
preceding sections are not applicable to processing of personal information
gathered for the purpose of investigations in relation to any criminal,
administrative or tax liabilities of a data subject.


Chapter V. SECURITY OF PERSONAL INFORMATION
Sec. 23. Security of Personal Information ~

a) The personal information controller must implement reasonable and
appropriate organizational, physical and technical measures intended for the
protection of personal information against any accidental or unlawful destruction,
alteration, and disclosure as well as against any other unlawful processing.

b) The personal information controller shall implement reasonable and
appropriate measures to protect personal information against natural dangers,
such as accidental loss or destruction and human dangers such as unlawful
access, fraudulent misuse, unlawful destruction, alteration, and contamination.

¢) The determination of the appropriate level of security under this Section
must take into account the nature of the personal information to be protected, the
risks represented by the processing, the size of the organization and complexity
of its operations, current data privacy best practices, and the cost of security
implementation. Subject to guidelines as the Commission may issue from time to
time, the measures implemented must include -

i safeguards to protect its computer network against accidental,
unlawful, or unauthorized usage or interference with or hindering of
their functioning or availability

ji, a security policy with respect to the processing of personal
information;

iii, a process for identifying and assessing reasonably foreseeable
vulnerabilities in its computer networks, and for taking preventive,
corrective and mitigating action for such vulnerabilities; and,

iv. regular monitoring for security breaches and a process for taking
preventive, corrective and mitigating action against security incidents
that can lead to a security breach.

d) The personal information controller must further ensure that third parties
processing personal information on its behalf shall implement the security
measures required by this provision.

e) The employees, agents or representative of personal information
controller and their representatives who are involved in the processing of
personal information shall operate and hold personal information under strict
confidentiality if these personal information are not intended for public disclosure.
This obligation shall continue even after leaving the public service, transfer to
another position or upon termination of employment or contractual relations,

f) The personal information controller shall promptly notify the Commission
and affected data subjects when sensitive personal information or other
information that may, under the circumstances, be used to enable identity fraud,
are reasonably believed to have been acquired by an unauthorized person, and
the personal information controller or the Commission believes that such
unauthorized acquisition is likely to give rise to a real risk of serious harm to any
affected data subject, The notification shall at least describe the nature of the
breach, the sensitive personal information possibly involved, and the measures
taken by the entity to address the breach. Notification may be delayed only to
the extent necessary, to determine the scope of the breach, prevent further
disclosures, or to restore reasonable integrity to the information and
communications system.

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i In evaluating if notification is warranted, the Commission may take
into account compliance by the personal information controller with
Section 23 of this Act and existence of good faith in the acquisition of
personal information,

ii, The Commission may exempt a personal information controller from
notification where, in its reasonable judgment, such notification would
not be in the public interest or in the interests of the affected data
subjects.

iii, The Commission may authorize postponement of notification where it
may hinder the progress of a criminal investigation related to a
serious breach

Chapter VI. ACCOUNTABILITY FOR TRANSFER OF PERSONAL
INFORMATION

Section 24. Principle of Accountability. Each personal information controller is
responsible for personal information under its control or custody, including
information that has been transferred to a third party for processing, whether
domestically or internationally subject to cross-border arrangement and
cooperation.

a) The personal information controller is accountable for complying with the
requirements of this Act and shall use contractual or other reasonable means to
provide a comparable level of protection while the information is being processed
by a third party.

b) The personal information controller shall designate an individual or
individuals who are accountable for the organization's compliance with this Act.
The identity of the individual(s) so designated shall be made known to any data
subject upon request

Chapter VII. SECURITY OF SENSITIVE PERSONAL INFORMATION IN
GOVERNMENT

Sec. 25. Responsibility of Heads of Agencies - All sensitive personal information
maintained by the government, its agencies and instrumentalities shall be
secured, as far as practicable, with the use of the most appropriate standard
recognized by the information and communications technology industry, and as
recommended by the Commission on Information & Communications
Technology. The head of each government agency or instrumentality shall be
responsible for complying with the security requirements mentioned herein while
the Commission shall monitor the compliance and may recommend the
necessary action in order to satisfy the minimum standards.

Section 26. Requirements relating to access by agency personnel to sensitive
personal information -

(a) On-Site and On-line Access - Except as may be allowed through guidelines
to be issued by the National Privacy Commission, no employee of the
government shall have access to sensitive personal information on Government
property or through on-line facilities unless the employee has received a security
clearance from the head of the source agency.

(b) Off-Site Access — Until otherwise provided in guidelines to be issued by the

National Privacy Commission, sensitive personal information maintained by an
agency may not be transported or accessed from a location off Government

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property unless a request for such transportation or access is submitted and
approved by the head of the agency in accordance with the following procedure

(i) Deadline for Approval or Disapproval- In the case of any request
submitted to the head of an agency, such head of the agency shall
approve or disapprove the request within two (2) business days after
the date of submission of the request. In case there is no action by
the head of the agency, then such request is considered
disapproved.

(ii) Limitation to 1,000 records - If a request is approved, the head of the
agency shall limit the access to not more than 1,000 records at a
time.

(iii) Encryption- Any technology used to store, transport, or access
sensitive personal information for purposes of off-site access
approved under this subsection shall be secured by the use of the
most secure encryption standard recognized by the Commission on
Information and Communications Technology.

(iv) Implementation- The requirements of this subsection shall be
implemented not later than 6 months after the date of the enactment
of this Act.

Section 27. Applicability to Government Contractors - In entering into any
contract that may involve accessing or requiring sensitive personal information
from One Thousand (1,000) or more individuals, an agency shall require the
contractor and employees of the contractor to register their personal information
processing system to the Commission in accordance with this Act and to comply
with the other provisions of this Act including the immediately preceding section,
in the same manner as agencies and government employees comply with such
requirements.

Chapter Vill. PENALTY PROVISIONS

Section 28. Offenses involving personal information — The National
Privacy Commission may impose a fine of not less than Two Hundred Thousand
Pesos (Php200,00.00) but not more than Two Million Pesos (Php 2,000,000) for
each violation of Section 14 and of Section 19 of this Act in respect of personal
information.

Section 29. Offenses involving sensitive personal information. The
National Privacy Commission may impose a fine of not less than Five Hundred
Thousand Pesos (Php500,00.00) but not more than Four Million Pesos (Php
4,000,000) for each violation of Section 14 and of Section 19 of this Act in
respect of sensitive personal information

Section 30, Other offenses — The National Privacy Commission may
impose a fine of Two Hundred Thousand Pesos (Php 200,000.00) to Five Million
Pesos (Php 5,000,000.00) for the following offenses:

a) failure to issue a breach notification when warranted under Section

23if),

b) failure to implement appropriate security measures under Section 23;
and

¢) other violations of this Act

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Section 31. Commensurate to harm ~ The fines to be issued by the
National Privacy Commission under Sections 28, 29 and 30 shall be
commensurate to the severity of the harm caused. or likely to be caused by the
offense under the circumstances

Section 32. Criminal Action — Offenses involving personal information and
sensitive personal information under Sections 28 and 29, when determined by
the Department of Justice to be intentional in its separate and independent
investigation, shall further be punishable by imprisonment ranging from one year
to three years

Chapter IX. MISCELLANEOUS PROVISIONS,

Section 33. Implementing Rules and Regulations - Within ninety (90) days
from the appointment of the Privacy Commissioners of the Commission, the
Commission shall promulgate the rules and regulations to effectively implement
the provisions of this Act

Sec. 34, Reports and Information ~The Commission shall annually report
to the President and Congress on is 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 privacy,
data protection and fair information rights and responsibilities.

Sec. 35. Appropriations Clause - The Commission shall be provided with
an initial appropriation of Twenty-Five Million Philippine Pesos
(Php25,000,000.00) to be drawn from the national government. Appropriations
for the succeeding years shall be included in the General Appropriations Act,

Sec. 36. Separability Clause - If any part or provision of this Act shall be
held unconstitutional or invalid, other provisions hereof that are not affected
thereby shall continue to be in full force and effect

Sec. 37. Repealing Clause ~ The provision of Section 7 of Republic Act
No. 9372 is hereby amended. All other laws, decrees, executive orders.
prociamations and administrative regulations, or parts thereof inconsistent
herewith are hereby repealed or modified accordingly.

Sec. 38. Effectivity Clause - This Act shall take effect fifteen (15) days
after its publication in at least two (2) national newspapers of general circulation,

Approved

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