‘SIXTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES )
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and \
Representative Maximo B. Rodriguez, Jr.

9075
House Bill Noo f
EXPLANATORY NOTE

The 1987 Constitution guarantees the right 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 Declaration of Human Rights, the International
Govenant 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 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

Immediate passage of this bill is earnestly sought.

MAXIMO’B. RODRIGUEZ, JR.


SIXTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES )
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus 8. Rodriguez and
_ Representative Maximo B. Rodriquez, Jr._

oF
House Bill Node 7

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 goverment or any subdivision or
agency or instrumentality thereof, including government owned or
controlled corporations;
"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.

(3)

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


(a)

(e)

()

(9)

(h)

(i)

)
(k)

0)

(m)

(2)

(1)
(2)

fo 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,
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 information is not published, re-
disclosed or used to contract individuals;
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;
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
information 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.

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 Uniawful Acts -

(a)

(b)

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;

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 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 must 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 (P10,000.00) 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
(P100,000.00) 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 P50,000.00;
(2) punitive damages upon proof of willful or reckless disregard of the law;
(3) reasonable attomey'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,