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THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHLIPPINES 
1 
First Regular Session 
1 
’34 
fi% 10 P4 3 1  
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The 1987 Constitution guarantees the right to privacy of every individual regardless o f  sex, 
status, or belief. This right includes the privacy of information pertaining him. In the hierarchy of 
civil and p olitical rights, this right o ccupies a higher d epee than any o ther right. The Universal 
Declaration of Human Rights, the International Covenant on Civil and Political Rights and other 
human rights bills 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 0 ffice 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. 
Hence, this bill seeks to establish guidelines in the disclosure of such motor vehicle. 


’*, s. 
THIRTEENTH CONGRESS OF THE REPUBLIC) 
First Regular Session 
OF THE PHILIPPINES 
) 
) 
’04 AlIL 10 P4 3 1  
S.B. sENAT?l.684t,,, 
No. 
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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO PROVIDE PROTECTION OF PRIVACY OF LNFORMATION IN MOTOR VEHICLE 
RECORDS 
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.” 
SECTION 2. Declaration of Policy. - It is hereby declared to be the policy of the State to 
protect the right of privacy of every individual by prohibiting disclosure of personal information in 
motor vehicle record. 
SECTION 3. Definition of Terms. -For the purposes of this Act, the term: 
1) “Motor vehicle record” means any record that pertains to vehicle operator’s permit, 
motor vehicle title, motor registration, or identification card issued by the Land Transportation 
Office; 
2) “Person” means any individual, organization, association or corporation, partnership, or 
any entity, but does not include the government or any subdivision or agencyor instrumentality 
thereof, including government owned or controlled corporations. 
3) “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 status. 
SECTION 4. Permissible Uses. - Personal information may only be disclosed as 
follows: 


(1) For use by any government agency, including any court or law enforcement agency, in 
canying out its functions, or any private person or entity acting on behalf of the government or its 
agency in carrying out its functions. 
(2) For use in c onnection with m atters of motor vehicle or driver safety and theft; motor 
vehicle emissions, motor vehicle product alternations, 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. 
(3) For use in the normal course of business by a legitimate business or its agents, 
employees, or contractors, but only - 
(a) to verify the accuracy of personal information submitted by the individual to the 
business or its agents, employees, or contractors; and 
(b) 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. 
(4) For use in connection with any civil, criminal, administrative, or arbitration proceeding 
in any court or any government agency, or before any self-regulatory body, including the service of 
process, investigation in anticipation of litigation, and the execution or enforcement of judgments 
and orders, or pursuant to an order of a court. 
(5) For use in research activities, and for use in producing statistical reports, so long as the 
personal information is not published, redisclosed, or used to contact individuals. 
(6) 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, anti-fraud 
activities rating or underwriting. 
(7) For use in providing notice to the owners towed or impounded vehicles. 
(8) For use by any licensed private investigative agency or licensed security service for any 
purpose permitted under this Section. 
(9) 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. 
(10) 
For use in connection with the operation ofprivate toll transportation facilities. 


(11) 
For any other use in response to requests for individual motor vehicle records if the 
Land Transportation Office has provided in a clear and conspicuous manner on forms for issuance 
or renewal of operator’s permits, titles, registrations, or identification cards, notice that personal 
information collected any the department may be disclosed to any business or person and has 
provided in a clear and conspicuous manner on such forms an opportunity to prohibit such 
disclosures. 
(12) 
For bulk distribution for surveys, marketing or solicitations if motor vehicle 
department has implemented methods and procedures to ensure that - 
(a) individuals are provided an opportunity, in clear and conspicuous manner to 
prohibit such uses; and 
(b) the information will be use, rented, or sold s olely 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. 
(13) For use by any requester, if the requester demonstrates it has obtained the written 
consent of the individual to whom the information pertains. 
(14) 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. 
SECTION 5. Prohibited Acts. - Except as provided in Section 4, 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 motor vehicle 
record. 
SECTION 6. Other Unluwfil Acts. - (1) Procurement for Unlawhl 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. 


(2) False Representation - It shall be unlawful for any person to make false representation to 
obtain any personal information from an individual’s motor vehicles record. 
SECTION 7. Resale or Disclosure. - An authorized recipient of personal information 
(except a recipient under Section (4)(11) or (12) may resell or redisclose the information only for a 
use permitted under Section (4) but not for uses under Section (4)(11) or (12). An authorized 
recipient for uses under Section (4)(11) may resell or redisclose personal information for any 
purpose. 
An authorized recipient under Section (4)(12) may resell or redisclose personal 
information pursuant to Section (4)(12). Any authorized recipient (except a recipient under Section 
(4)(11) that resells or rediscloses personal information covered by this Act must keep for a period of 
five (5) years records identifjmg 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. 
SECTION 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 within 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. 
SECTION 9. Penalties. - (1) Criminal Fine. - A person who knowingly violates this Act 
shall be fined in the amount of not less than Ten Thousand Pesos (PlO,OOO.,OO) or imprisonment of 
not less than three (3) months or both at the discretion of the Court. If the defense 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. 
(2) Violations by Government Agencies. - Any government agency that has a policy or 
practice of substantial noncompliance with this Act shall be subject to a civil penalty to be imposed 


by the Solicitor General of not more than One Hundred Thousand Pesos (PlOO,OOO.OO) a day for 
each day of substantial non-compliance. 
SECTION 10. Civil Action. - (1) Cause of Action. A person who knowingly obtains, 
discloses or uses personal information, from a motor vehicle record, for a purpose not permitted 
under this Act shall be liable to the individual to whom the information pertains, who may bring a 
civil action in court. 
SECTION 11. Remedies. - The court may award: 
(1) actual damages, but not less than liquidated damages in the amount of Fifty Thousand 
Pesos (P50,OOO.OO); 
(2) punitive damages upon proof of willful or reckless disregard of the law; 
(3) reasonable attorney’s fees and other litigation costs reasonably incurred; and 
(4) such other preliminary and equitable relief as the court determines to be appropriated. 
SECTION 12. Separability Clause. - If any provision or part thereof, is held invalid or 
unconstitutional, the remainder of the law of the provision not otherwise affected shall remain valid 
and subsisting. 
SECTION 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. 
SECTION 14. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
/JPS