FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
) 
) 
) 
First Regular Session 
SENA.,TE. 
S.No. 
Hj64 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
: r' 
The 1987 Constitution guarantees the right to privacy of every individual regardless of 
sex, status, or belief. This right includes the privacy of information pertaining him. In the 
hierarchy of civil and political rights, this right occupies a higher depee than any other 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 Office andlor 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. l 
I This bill was originally filed during the Fourteenth Congress, First Regular session. 
1 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
) 
) 
) 
First Regular Session 
SENATE 
S. No. 
1664 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
) 
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PROVIDING PROTECTION OF PRIVACY OF INFORMATION IN MOTOR VEHICLE 
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RECORDS 
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Be it enacted by the Senate and the House of Representatives of the Philippines in 
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Congress assembled: 
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SECTION 1. Short Title. - This Act shaH be known as the "Driver's Privacy Protection 
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Act." 
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SECTION 2. Declaration of Policy. -It is hereby declared to be the policy of the State to 
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protect the right of privacy of every individual by prohibiting disclosure of personal information 
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in motor vehicle record. 
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SECTION 3. Definition of Terms. -For the purposes of this Act, the term: 
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A. "Motor vehicle record" means any record that pertains to vehicle operator's permit, 
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motor vehicle title, motor registration, or identification card issued by the Land 
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Transportation Office; 
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B. "Person" means any individual, organization, association or corporation, partnership, or 
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any entity, but does not include the government or any subdivision or agency or 
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instrumentality thereof, including govermnent owned or controlled corporations; 
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C. "Personal information" means the information that identifies an individual, including 
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photograph, social security number, driver information number, name, address, telephone 
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number, and medical or disability information, but does not include information on 
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vehicular accidents, driving violations, and driver status. 
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SECTION 4. Permissible Uses. -Personal information may only be disclosed as follows: 
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A. For use by any government agency, including any court or law enforcement agency, in 
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carrying out its functions, or any private person or entity acting on behalf of the 
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government or its agency in carrying out its functions. 
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B. For use in connection with matters of motor vehicle or driver safety and theft; motor 
, 
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vehicle emissions, motor vehicle product alternations, recalls, or advisories, performance 
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monitoring of motor vehicles, motor vehicle parts and dealers; motor vehicle market 
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research activities, including survey research and removal of non-owner records of motor 
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vehicle manufacturers. 
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C. For use in the normal course of business by a legitimate business or its agents, 
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employees, or contractors, but only -
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I. to verify the accuracy of personal information submitted by the individual to the 
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business or its agents, employees, or contractors; and 
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2. to obtain the correct information, if such information as so submitted is not correct or 
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is no longer correct, but only for the purposes of preventing fraud by pursuing legal 
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remedies against, or recovering on a debt or security interest against the individual. 
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D. For use in connection with any civil, criminal, administrative, or arbitration proceeding in 
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any court or any government agency, or before any self-regulatory body, including the 
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service of process, investigation in anticipation of litigation, and the execution or 
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enforcement of judgments and orders, or pursuant to an order of a court. 
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E. For use in research activities, and for use in producing statistical reports, so long as the 
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personal information is not published, re-disclosed, or used to contact individuals. 
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F. For use by any insurer or insurance support organization, or by a self-ensured entity, or 
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its agents, employees, or contractors, in connection with claims investigation activities, 
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antifraud activities rating or underwriting. 
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G. For use in providing notice to the owners towed or impounded vehicles. 
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H. For use by any licensed private investigative agency or licensed security service for any 
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purpose permitted under this Section. 
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1. 
For use by any employer or its agent or insurer to obtain or verify information relating to 
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a holder of a commercial driver's license. 
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J. For use in connection with the operation of private toll transportation facilities. 
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K. For any other use in response to requests for individual motor vehicle records if the Land 
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Transportation Office has provided in a clear and conspicuous manner on forms for 
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issuance or renewal of operator's permits, titles, registrations, or identification cards, 
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notice that personal information collected any the department may be disclosed to any 
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business or person and has provided in a clear and conspicuous manner on such forms an 
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opportunity to prohibit such disclosures. 
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L. For bulk distribution for surveys, marketing or solicitations if motor vehicle department 
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has implemented methods and procedures to ensue that -
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1. individuals are provided an opportunity, in clear and conspicuous manner to prohibit 
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such uses; and 
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2. the information will be uSe, rented, or sold solely for bulk distribution for surveys, 
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marketing, and solicitations, and that surveys, marketing and solicitations will not be 
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. directed at those individuals who have requested in a timely fashion that they not be 
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directed at them. 
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3. For use by any requester, if the requester demonstrates it has obtained the written 
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consent of the individual to whom the information pertains. 
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M. For any other use specifically authorized under the existing laws of any government 
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agency that holds the record, if such is related to the operation of a motor vehicle or 
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public safety. 
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SECTION 5. Prohibited Acts. -Except as provided in Section 4, the Land Transportation 
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Office and or Department of Transportation and Communication, any agency, officer or 
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employee, or contractor, shall not knowingly disclose or otherwise make available to any person 
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or entity personal information about any individual obtained by the Office in connection with 
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motor vehicle record. 
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SECTION 6. Other Unlawful Acts. -
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A. Procurement for Unlawful Purpose - It shall be unlawful for any person knowingly to 
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obtain or disclose personal information, from a motor vehicle record, for any use not 
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permitted under this Act. 
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B. False Representation - It shall be unlawful for any person to make false representation to 
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obtain any personal information from an individual's motor v~hicles record. 
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SECTION 7. Resale or Disclosure. - An authorized recipient of personal information (except 
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a recipient under Section 4(K) or (L) may resell or redisclose the information only for a use 
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permitted under Section 4 but not for uses under Section 4(K) or (L). An authorized recipient for 
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uses under Section 4(K) may resell or redisclose personal information for any purpose. An 
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authorized recipient under Section (4) (L) may resell or redisclose personal information pursuant 
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to Section (4)(L). Any authorized recipient (except a recipient under Section (4)(K) that resells 
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or rediscloses personal information covered by this Act must keep for a period of five (5) years 
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records identifying each entity that receives information and the permitted purpose for which the 
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information will be used and must make such records available to the Land Transportation Office 
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upon request. 
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SECTION 8. Waiver Procedure. -The Land Transportation Office andlor Department of 
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Transportation and Communication may establish and carry out procedures IDlder which the 
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department or its agents, upon receiving a request for personal information that does not fall, 
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within one of the exceptions in Section (4), may mail a copy of the request to the individual 
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about whom request is taken, together within a statement to the effect that the information will 
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not be released unless the individual waives such individual's right to privacy under this section. 
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SECTION 9.Penalties. -
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A. Criminal Fine. - A person who knowingly violates this Act shall be fined in the amount 
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of not less than Ten Thousand Pesos (PlO,OOO.OO) or imprisonment of not less than three 
, 
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(3) months or both at the discretion of the Court. If the defense is committed by a 
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corporation, trust, firm, partnership or association or other entity, the penalty shall be 
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imposed upon the guilty officer or officers of such corporation, trust, firm, partnership 
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or association or entity. 
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B. Violations by Government Agencies. - Any -government agency that has a policy or 
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practice of substantial noncompliance with this Act shall be subject to a civil penalty to 
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be imposed by the Solicitor General of not more than One Hundred Thousand Pesos 
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(PlOO,OOO.OO) a day for each day of substantial non-compliance. 
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SECTION 10. Civil Action. - (A) Cause of Action. A person, who knowingly obtains, 
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discloses or uses personal information, from a motor vehicle record, for a purpose not permitted 
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under this Act shall be liable to the individual to whom the information pertains, who may bring 
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a civil action in court. 
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SECTION 11. Remedies. - The court may award: 
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(A) actual damages, but not less than liquidated damages in the amount of Fifty Thousand 
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Pesos (P50,OOO.OO); 
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(B) punitive damages upon proof of willful or reckless disregard ofthe law; 
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(C) reasonable attorney's fees and other litigation costs reasonably incurred; and 
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(D) such other preliminary and equitable relief as the court determines to be appropriated. 
, 
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SECTION 12. Separability Clause. - If any provision or part thereof, is held invalid or 
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unconstitutional, the remainder of the law of the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 13. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule' or regulation contrary to, or inconsistent 
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with, the provisions of this Act is hereby repealed, modified, or amended accordingly. 
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SECTION 14. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
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Approved, 
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