Aside from privileged information, more on personal information: WHAT ARE THE CRITERIA FOR LAWFUL PROCESSING OF PERSONAL INFORMATION?
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Personal information shall not be processed without your consent
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However, your personal information may still be processed without your explicit consent when provided by law
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For instance, when processing is necessary for the protection of lawful rights in court proceedings
Most people might think that personal information cannot collected, used, or recorded by another person or an entity without their consent. Such is a wrong notion.
In our previous article, the criteria for processing personal information were discussed. This time let us talk about a more specific personal information such as privileged information and sensitive personal information.
What is privileged information?
The law says:
Privileged information refers to any forms of data, which, under the Rules of Court and other pertinent laws constitute privileged communication.
For instance, is a case where a doctor cannot, without the consent of the patient, be examined as to any advice or treatment given by him or any information which the doctor may have acquired in attending such patient in a professional capacity, which information was necessary to act in capacity, and which would blacken the reputation of the patient.
What is sensitive personal information?
The law says:
Sensitive personal information refers to personal information:
- About an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations;
- About an individual’s health, education, genetic or sexual life of a person, or to any proceeding for any offense committed or alleged to have been committed by such person, the disposal of such proceedings, or the sentence of any court in such proceedings;
- Issued by government agencies peculiar to an individual which includes, but not limited to, social security numbers, previous or cm-rent health records, licenses or its denials, suspension or revocation, and tax returns; and
- Specifically established by an executive order or an act of Congress to be kept classified
The law says:
The processing of sensitive personal and privileged information be shall be prohibited, except in the following cases:
a. The person has given his or her consent. In case of privileged information, all parties to the exchange of information should have given their consent prior to the processing;
b. The processing of the same is provided for by existing laws and regulations;
c. The processing is necessary to protect the life and health of the subject person or another person, and the subject person is not legally or physically able to express his or her consent prior to the processing;
d. The processing is necessary to achieve the lawful and noncommercial objectives of public organizations and their associations. Such processing is only confined and related to the bona fide members of these organizations or their associations. In addition, the sensitive personal information is not transferred to third parties. But again, the consent of the subject person was obtained prior to processing;
e. The processing is necessary for purposes of medical treatment, is carried out by a medical practitioner or a medical treatment institution, and an adequate level of protection of personal information is ensured; or
f. The processing concerns such personal information is necessary for the protection of lawful rights and interests of natural or legal persons in court proceedings, or the establishment, exercise or defense of legal claims, or when provided to government or public authority.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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