FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 791 
) 
) 
) 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The 1987 Constitution guarantees the rightto privacy of every individual 
regardless of sex, status or belief, which includes the privacy of information 
pertaining him. In the hierarchy of civil and pOlitical rights, this right occupies a 
higher degree than any other right. The Universal Declaration of Human Rights, 
the International Covenant on Civil and Political Rights and other human rights 
laws 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 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 ~he fact that indiscriminate disclosure, as said 
earlier would violate the right to privacy of the individual involved. 
Thus, this bill seeks to establish guidelines in the disclosure of such motor 
vehicle. 
Immediate passage of this bill is earnestly sought. 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 791 
) 
) 
) 
,() 
JUL -7 PS :17 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
PROVIDING PRIVACY PROTECTION FOR MOTOR VEHICLE OWNERS 
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. " 
SEC. 2. Declaration of Policy - It is hereby declared to be the policy of 
the State to protect the right .to privacy of every individual by prohibiting 
disclosure of personal information in motor vehicle record. 
SEC. 3. Definition of Terms - For purposes of this Act, the term: 
(1) "Motor vehicle record" means any record that pertains to vehicle 
operator's permit, motor vehicle title, motor vehicle registration, or 
identification card issued by the Land Transportation Office; 
(2) "Person" 
means 
any 
individual, 
organization 
or 
corporation, 
partnership or any entity, but does not include the government or any 
subdivision or agency or instrumentality thereof, including government 
owned or controlled cqrporations; 
(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's status. 
SEC. 4. Permissible Uses· Personal information may only be disclosed 
as follows: 
(a) 
For use by any government agency, including any court or law 
enforcement agency, in carrying out its functions or any private 
person or entity acting on behalf of the government or its 
agency in carrying out its functions; 


(b) 
For use in connection with matters of motor vehicle or driver 
safety and theft; motor vehicle emissions; motor vehicle product 
alterations, 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; 
(c) 
For use in the normal course of business by a legitimate 
business or its agents, employees or contractors, but only -
(1) 
to verify the accuracy of personal information submitted 
by the individual to the business or its agents, employees 
or contractors; and 
(2) 
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; 
(d) 
For use in connection with any civil, criminal, administrative or 
arbitration proceeding in any court or any government agency, 
or before any self anticipation of litigation, and the execution or 
enforcement of judgments and orders, or pursuant to an order 
of a court; 
(e) 
For use in research activities, and for use in producing 
statistical reports, so long as the personal information is not 
published, re-disclosed or used to contract individuals; 
(f) 
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, 
antifraud 
activities rating or underwriting; 
(g) 
For use in providing notice to the owners of towed or 
impounded vehicles; 
(h) 
For use by any licensed private investigative agency or 
licensed security service for any purpose permitted under this 
Section; 
(i) 
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; 
U) 
For use in connection with the operation of private toll 
transportation facilities; 
(k) 
For bulk distribution for surveys, marketing or solicitations if 
motor vehicle department has implemented methods and 
procedures to ensure that-
(1) 
individuals are provided an opportunity, in clear and 
conspicuous manner, to prohibit such uses; and 


(2) 
the information will be used, rented or sold solely 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. 
(I) 
For use by any requester, if the requester demonstrates it has 
obtained the written consent of the individual to whom the 
information pertains; 
(m) 
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. 
SEC. 5. Prohibited Acts - Except as otherwise provided by 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 a motor vehicle record. 
SEC. 6. Other Unlawful Acts -
(a) 
Procurement for unlawful 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; 
, 
(b) 
False Representation. It shall be unlawful for any person to 
make false representation to obtain any personal information 
from an individual's motor vehicle record. 
SEC. 7. Re-Disclosure- An authorized recipient of personal information 
may redisclose the information only for a use permitted under Section 4. Any 
authorized reCipient except a recipient under Section 4 that re-disclosed personal 
information covered by this Act must keep for a period of 5 years records 
identifying each entity that receives information and the permitted purpose for 
which the information will be used and mist make such records available to the 
Land Transportation Office upon request. 
SEC. 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 with 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. 
SEC. 9. Penalties. - -
(a) A person who knowingly violates this Act shall be fined in the amount of not 
less that ten thousand pesos (P1 0,000.00) or imprisoned for not less than three 
(3) months or both at the discretion of the court. If the offense 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; 
(b) Violations by Government Agencies. Any government agency that has a 
policy or practice of sUbstantial noncompliance with this Act shall be subject to a 
penalty to be imposed by the court of not more than one hundred thousand 
pesos (P100,OOO.OO) a day for each day of substantial non-compliance. 
SEC. 10. Civil Action--
a)Cause of Action. Any individual to whom the information pertains, may bring a 
criminal or civil action in court" against any person who knowingly obtains, 
discloses or uses personal information, from a motor vehicle record, for a 
purpose not permitted under this Act. 
SEC 11. Remedies- In case of violations of this Act, the court may award: 
(1) damages, in the amount of 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; 
(4) such other preliminary and equitable relief as the court determines to be 
appropriate 
SEC. 12. 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. 
SEC. 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: 
SEC. 14. Effectivity Clause. - This Act shall take effect fifteen (15) days after 
its publication in at least two (2) newspapers of general circulation. 
Approved,