THIRT~ENTH CONGRESS OF THE REPUBLIC 
Second Regular Session 
1 
OF THE PHILIPPINES 
) 
6 JflIJ 19 p3‘ !’ 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The right to privacy is the “right to be let alone”, and is considered “the most 
comprehensive of rights and the right most valued by civilized men.” 
fn the 1968 case of Morse v. Mutuc, the Supreme Court, through the late Chief Justice 
Enrique Fernando, held that “the right to privacy as such is accorded recognitioh independently 
of its identification with liberty; in itself, it is fdly deserving of constitutional protection.” Thus, 
while not explicitly identified in the Constitution, the right to privacy is nonetheless recognized 
and is deserving of protection as the other finidaniental rights. 
One of the more important aspects of an individual’s privacy is information which may 
allow access to his finances. Such information deserves more protection because it can cause 
one’s utter ruin if it falls into the wrong hands. 
This bill seeks to protect the privacy of consumers in commercial transactions, which 
involve the use of credit cards and checlts, by prohibiting the other parties involved from 
requiring the said consumers to furnish additional personal identification information not 
necessary to complete the commercial transaction. 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
6 
JAW 19 i’3 4 9  
Second Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROTECTING CONSUMER PRIVACY IN CREDIT CARD AND CHECK TRANSACTIONS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short title. - This Act shall be known as the “Consumer Privacy in 
Commercial Transactions Act of 2006.” 
SECTION 2. Declaration ofpolicy. - It is a policy of the State to promote the general 
welfare of the people. Pursuant to this policy, this Act seeks to protect the privacy of consumers 
in commercial transactions involving the use of credit cards and checks. 
SECTION 3. Definition of terms. -For purposes of this Act: 
(A) ‘‘Check’’ means an instrument, draft or order issued or made for the payment of 
money Lipon any bank or other depository institution. 
(B) “Credit Card” means any instrument or device, whether known as a credit card, credit 
plate, or by any other name, issued with or without fee by an issuer for the use of the 
card holder in obtaining money, goods, services, or anything else of value on credit. 
Credit card shall not include a check guarantee card. 
SECTION 4. Prohibition against demanding additional personal identiJicution 
information in credit card transactions. - No person, firm, partnership, corporation, or other 
business entity that accepts a credit card for a business transaction shall write, cause ‘to be 
written, or require that a credit card holder write personal identification information, not required 
by the credit card issuer, on the credit card transaction form. Personal identification information 
shall include, but shall not be limited to, a credit card holder’s address or telephone number. 
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The provisions of this section shall apply to all credit card transactions; provided, 
however, that the provisions of this section shall not be construed to prevent a person, firm, 
partnership, corporation, or other business entity from requesting information that is necessary 
for shipping, delivery, or installation of purchased merchandise or services or for a warranty 
when such information is provided voluntarily by a credit card holder; provided further, that the 
provisions of this section shall not be construed to prohibit a person, firm, partnership, 
corporation or other business entity from requesting one or more additional identification cards 
to confirm the identity of the credit card user. 
SECTION 5. Prohibition against demanding additional personal identzjkation 
information in check transactions. -No person, firm, partnership, corporation, or other business 
entity accepting a check in any business or commercial transaction as payment in full or in part 
for goods or services shall do any of the following: 
(A) Require, as a condition,of acceptance of such check, that the person presenting such 
check provide a credit card number, or any personal identification information other 
than a name, address, motor vehicle operator license number, or any other 
identification card number of such person and telephone number, all of which may be 
recorded; provided, however, that the person, firm, partnership, corporation, or other 
business entity accepting such check may verify the signature, name, and expiration 
date on a credit card; provided further, that in complying with a request to provide a 
telephone number, the person paying with a check may provide either a home 
telephone number or a telephone number where such person may be called during 
daytime hours. 
(B) Require, as a condition of acceptance a check, or cause a person paying with such 
check to sign a statement agreeing to allow a credit card to be charged to cover the 
amount of such check. 
(C)Contact a credit card issuer or otherwise access a credit card account balance to 
determine if the amount of any credit available to the person paying with a check will 
cover the amount of such check. 
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(D)Require, as a condition of acceptance of the check, that a person's credit card number 
be recorded in connection with any part of a transaction. 
(E) Record on a check, or require a person paying with a check to record on such check, 
any information regarding tlie race of such person. 
Nothing in this section shall not prohibit any person from doing any of the following: 
(A)Requesting, receiving, or recording a credit card number in lieu of requiring a cash 
deposit to secure payment in event of default, loss, damage or other occurrence; or 
(B)Recording a credit card number and expiration date as a condition for cashing or 
accepting a check where such person has agreed with the card issuer to cash or accept 
checks from the issuer's card holders and where the issuer guarantees such card 
holder checks cashed or accepted by such person. 
SECTION 6. PenaZfies. - The performance of any of the prohibited acts in the preceding 
Sections shall be punishable by a penalty of imprisonment of urresfo menor, or a fine ranging 
from Ten Thousand Pesos (Pl0,OOO.OO) to Fifty Thousand Pesos (P50,000.00), or both, at the 
discretion of the court, taking into consideration all attending circumstances. 
If the entity responsible for the prohibited act is a corporation, trust or firm, partnership, 
association or any other entity, the penalty of imprisonment shall be imposed on the entity's 
responsible officers, including, but not limited to, the president, vice-president, chief executive 
officer, general manager, managing director, or partner directly responsible therefor. 
SECTION 7. Who may bring suit. - Any person who engages in the conduct of any trade 
or commerce and who suffers any loss of money or property, real or personal, as a result of the 
use or employment by another person who engages in any act proscribed in Sections 4 and 5 of 
this Act may bring an action in court, whether by way of original complaint, counterclaim, cross- 
claim or third-party action for damages and such equitable relief, including an injunction, as tlie 
court deems to be necessary and proper. 
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Such person, if he has not suffered any loss of money or property, may obtain such an 
injunction if it can be shown that the aforementioned unfair inetliod of competition, act or 
practice may have the effect of causing such loss of money or property. 
I 
SECTION 8. Implementing Rules and Regulations. - The Secretary of the Department of 
Trade and Industry is hereby authorized to promulgate implementing ruIes or regulations 
necessary to enforce the provisions of this Act not latex that one (1) year from its approval. 
SECTION 9. 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 10. 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 11. EflectiviQ. -- This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
Irgs 
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