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THIRTEENTH CONGRESS OF THE 
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Republic of the Philippines 
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First Regular Session 
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SENATE 
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S.B. NO. a- 
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Introduced by SENATOR LUISA “LOI” P. EJERCITO ESTmDk‘.’ ‘ CM*’’~ 
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EXPLANATORY NOTE 
The 1987 Constitution guarantees the riglit to 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 Declaratioii 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 nile 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 riglit 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 infomiation 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. 
Thus, this bill seeks to establish guidelines in the disclosure of such motor 
vehicle. 
Iinmediate passage of this bill is earnestly sought. 
LUISA “LOI“ PiEJERCITO ESTRADA 
Senator 


THIRTEENTH CONGRESS OF THE 
First Regular Session 
Republic of the Philippines 
:-k-- 
S.B.No. 3-t 
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Introduced by SENATOR LUISA "LOI" P. EJERCImTST'hDA 
AN ACT 
TO PROVIDE PROTECTION OF PRIVACY OF INFORlclATION IN MOTOR 
VEHICLE RECORDS. 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assem bled: 
Section 1. 
Short Title. - This Act shall be lmown 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 of privacy of every individual by prohibiting disclosure of personal 
infomation in motor vehicle record. 
Sec. 3. Definition of terms. - For purposes of this Act, the term: 
"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; 
"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 corporations. 
"Personal infonnation" 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 infomation on vehicular accidents, driving violations 
and driverk status. 


See. 4. 
Permissible Uses. 
Personal infonnation may only be disclosed as 
For Lise 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. 
For use in connection with matters of motor vehicle or driver safety and 
theft; motor vehicle emissions; motor veliicle 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. 
For use in the normal course of business by a legitimate business or its 
agents, employees or contractors, but only - 
to verify the accuracy of personal information submitted by the 
individual to the business or its agents, employees or contractors; 
and 
to obtain the correct infonnation, 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. 
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. 
For use in research activities, and for use in producing statistical reports, 
so long as the personal infonnation is not published, re-disclosed or used 
to contract individuals. 


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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, antifi-aud activities rating or underwriting. 
For use in providing notice to the owners of towed or impounded vehicles. 
For use by any licensed private investigative agency or licensed security 
service for any purpose permitted under this Section. 
For use by any employer or its agent or insurer to obtain or verify 
infoinlation relating to a holder of a commercial driver's license. 
For use in connection with the operation of private toll transportation 
facilities. 
For bulk distribution for surveys, marketing or solicitations if motor 
vehicle department has implemented methods and procedures to ensure 
that- 
individuals are provided an opportunity, in clear and conspicuous 
manner, to prohibit such uses; and 
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. 
For use by any requester, if the requester demonstrates it has obtained the 
written consent of the individual to whom the information pertains. 
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. 
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 
ltnowingly 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 re- 
disclose the infoiination only for a use permitted under Section 4. Any authorized 
recipient except a recipient under Section 4 that re-disclosed personal infomation 
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 infomiation 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 (PI 0,000.00) or imprisoned for not less 
than three (3) months or both at the discretion of the court. If the offense is 
coiiiiiiitted 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. 


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(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 (PlOO,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. 1 1. Remedies. - The court may award: 
(1) 
(2) 
damages, in the amount of P50,OOO.OO; 
punitive damages upon proof of willful or reckless disregard of the 
law; 
reasonable attorney's fees and other , litigation costs reasonably 
incurred; and 
such other preliminary and equitable relief as the court determines 
to be appropriate. 
(3) 
(4) 
Sec. 12. Separability Clause. - If any provision or part hereof is held invalid or 
uncoustitutional, 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, 
c:\precy\motor vehicle records2 124