CAN THE DATA PRIVACY ACT OF 2012 HAVE EXTRATERRITORIAL APPLICATION?

After reading “Can The Data Privacy Act Of 2012 Have Extraterritorial Application?”, read also “How Is Employer-Employee Relationship Determined?“

• The Data Privacy Act of 2012 is enacted to protect all forms of information, whether private, personal, or sensitive information.

•  It is intended to cover both natural and juridical persons involved in the processing of personal information.

•  It also covers those who use equipment located in the Philippines, or those who maintain an office, branch, or agency in the Philippines, although not found or established in the Philippines.

Republic Act No. 10173, or the Data Privacy Act was enacted to protect all forms of information, whether private, personal, or sensitive. It is intended to cover both natural and juridical persons involved in the processing of personal information.

While the Data Privacy Act applies to any natural or juridical persons involved in the processing of personal information, it likewise covers those who, although not found or established in the Philippines, use equipment located in the Philippines, or those who maintain an office, branch, or agency in the Philippines.

 

The law says:

            Section 4 of the Implementing Rules and Regulations of Republic Act No. 10173 or the Data Privacy Act of 2012 lists the instances when the Data Privacy Act can be applied even outside the Philippines. It states:

Section 4. Scope. The Act and these Rules apply to the processing of personal data by any natural and juridical person in the government or private sector. They apply to an act done or practice engaged in and outside of the Philippines if:

a. The natural or juridical person involved in the processing of personal data is found or established in the Philippines;

b. The act, practice or processing relates to personal data about a Philippine citizen or Philippine resident;

c. The processing of personal data is being done in the Philippines; or

d. The act, practice or processing of personal data is done or engaged in by an entity with links to the Philippines, with due consideration to international law and comity, such as, but not limited to, the following:

1. Use of equipment located in the country, or maintains an office, branch or agency in the Philippines for processing of personal data;

2. A contract is entered in the Philippines;

3. A juridical entity unincorporated in the Philippines but has central management and control in the country;

4. An entity that has a branch, agency, office or subsidiary in the Philippines and the parent or affiliate of the Philippine entity has access to personal data;

5. An entity that carries on business in the Philippines;

6. An entity that collects or holds personal data in the Philippines.

Section 6 of the Data Privacy Act enumerates the instances when the Data Privacy Act can be applied extraterritorially.

1. The act, practice or processing relates to personal information about a Philippine citizen or a resident;
2. The entity has a link with the Philippines, and the entity is processing personal information in the Philippines or even if the processing is outside the Philippines as long as it is about Philippine citizens or residents such as, but not limited to, the following:
   1. A contract is entered in the Philippines;
   2. A juridical entity unincorporated in the Philippines but has central management and control in the country; and
   3. An entity that has a branch, agency, office or subsidiary in the Philippines and the parent or affiliate of the Philippine entity has access to personal information; and
3. The entity has other links in the Philippines such as, but not limited to:
   1. The entity carries on business in the Philippines; and
   2. The personal information was collected or held by an entity in the Philippines. (Section 6, R.A. No. 10173, Data Privacy Act of 2012)

---

Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding illegal dismissal, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

[email-subscribers-form id=”4″]