THIRTEENTH CONGRESS OF THE REPUBLIC ) 
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OF THE PHILIPPINES 
1 
6 J,,\i, 
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Third Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The right to privacy is the “right to be let alone”. It is considered “the most 
comprehensive of rights and the right most valued by civilized men.” 
The Supreme Court in the case of Morfe v. Murue, 22 SCRA 424 (1968) recognized the 
existence of a right to privacy when it held that “the right to privacy as such is accorded 
recognition independently of its identification with liberty; in itself, it is fully 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 other fundamental rights. 
With the advancement of technology, no sphere of privacy bas been more exposed to 
violations than communication - specifically, telecommunications. Admittedly, laws such 
Republic Act No. 4200, otheiwise known as the Anti-Wiretapping Act, have been enacted 
protecting what people say during a call, but no law has yet been passed which addresses access 
to people through their personal wireless numbers. People, unless they explicitly consent to the 
publication of their personal wireless numbers, obtain them precisely to ensvre that only those to 
whom they give their numbers are able to contact them. Thus, it becomes a problem when they 
receive unsolicited, unwelcome or abusive calls and messages 
This bill seeks to reinforce the people’s right to privacy by regulating the use and 
disclosure of personal wireless numbers and prescribing penalties for violations of such right 


TI-IIRTEENTI-I CONGRESS OF THE REPUBLIC ) 
Third Regular Session 
1 
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OF THE PI-IILIPPINES 
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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
REGULATNG THE USE AND DISCLOSURE OF PERSONAL WIRELESS NUMBERS 
Be it enacted by the Senate and House of Representutives of the Philippines in Congress 
assembled: 
SECTION 1. Short Title. - This Act shall be lmown as the "Personal Wireless Numbers 
Privacy Act of 2006". 
SECTION 2. Declaration ofPolicy. 
~ It is the policy of the State to promote the general 
welfare or the people. Pursuant to this policy, this Act seeks to uphold the people's right to 
privacy by regulating the use and disclosure of personal wireless numbers and prescribing 
penalties for violations of such right. 
SECTION 3. Definition of "Radio Communications Service Company". - For purposes 
of this Act, the term "radio communications service company" includes every corporation, 
company, association, joint stock association, partnership, and person, their lessees, trustees, or 
receivers appointed by any court, and every city or town malting available facilities to provide 
radio communications service, radio paging, or cellular communications service for hire, sale, or 
resale. 
SECTION 4. Prohibition Against Disclosure of Personal Wireless Numbers. - A radio 
communications service company or any direct or indirect affiliate or agent of a provider shall 
not include the phone number of any subscriber for inclusion in any directory of any form, nor 


shall it sell the contents of any directory data base, wilhout first obtaining the express, opt-in 
consent of that subscriber. 
A subscriber shall not be charged for opting not to be listed in the directory. 
SECTION 5. Subscriber's Consent. - The subscriber's consent required in Section 4 
must be obtained either in writing or electronically, and a receipt must be provided to the 
subscriber. The consent shall be a separate document or located on a separate screen or web page 
that has the sole purpose of authorizing a radio communications service company to iiiclude the 
subscriber's phone number in a publicly available directory assistance data base. 
In obtaining the subscriber's consent, the provider shall unambiguously disclose that, 
by consenting, the subscriber agrees to have the subscriber's phone number sold or licensed as 
part of a list of subscribers and that the phone number may be included in a publicly available 
directory assistance data base. The provider must also disclose that by consenting to be included 
in the directory, the subscriber may incur additional charges for receiving unsolicited calls or text 
messages. 
SECTION 6. Revocation of" Consenf by Subscriber. - A subscriber who provides 
express consem pursuant to this section may revoke that consent at any time. A radio 
connnunicatioiis service company shall comply with the subscriber's request to opt out within a 
reasonable period of time, not to exceed sixty (60) days. 
SECTION 7. Exceptions. - This section does not apply to the provision of telephone 
numbers, for the purposes indicated, to: 
(A) Any law enforcement agency, fire protection agency, public health agency, public 
eiiviro~unental health agency, city or baranggay emergency services planning 
agency, or private for-profit corporation operating under contract with, and at the 
direction of, one or more of these agencies, for the exclusive purpose of 
responding to an emergency call or communicating an imminent threat to life or 
property. Information or records provided to a private €or-profit corporation 


pursuant to (b) of this subsfxtion shall be held in confidence by that corporation 
and by any individual employed by or associated with that corporation. Such 
information or records :jhall not be open to examination for any purpose not 
directly connected with the administration of the services specified in this 
subsection; 
(B) A lawful process issued under national or local law; 
(C) A telecominuiiications company providing service between service areas for the 
provision o f  telephone services to the subscriber between service areas, or to third 
parties for the limited purpose of providing billing services; 
(D) A teleconmuiiications company to effectuate a customer's request to transfer the 
customer's assigned telephone number from the customer's existing provider of 
telecommunications services to a new provider of telecommunications services; 
(E) The utilities and transportation commission pursuant to its jurisdiction and control 
over telecommunications companies; and 
(F) A sales agent to provide the subscriber's cell phone numbers to the cellular 
provider for the limited purpose of billing and customer service. 
SECTION 8. Penalties. - Any radio communications service company found guilty of 
violating Section 4 above shall be fined an amount not more than Three Hundred Thousand 
Pesos (P300,OOO.OO). 
In addition, a penalty of imprisonment of arrest0 inuyor may be imposed on the 
entity's responsible officers, including, but uot limited to, the president, vice-president, chief 
executive officer, general manager, managing director or officer directly responsible therefore, if' 
any or them are found to have knowingly consented to such inclusion in any directory of any 
form, nor shall it sell the contents of any directory data base, without first obtaining the express, 
opt-in consent of that subscriber. 
In both in cases, the court shall take into consideration all attending circumstances. 


SECTION 9. Separability C2ause. - 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. ESfecfivity. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
lrgs