More on handling personal information and Data Privacy: Data privacy guide for employers
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Personal|information refers to any information regarding the identity of an individual
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Personal|information may be used, collected, recorded, updated, erased, or retrieved
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There are criteria for processing personal|information
Memory card is known to be a small storage medium which is generally used to store information.
As to storing information, the Data Privacy Act of 2012 has something to say. An information that may be processed. What is processing?
The law says:
Processing refers to any operation or any set of operations performed upon personal information. It includes the collection, recording, organization, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction of data. Take note that the term “data subject” refers to an individual whose personal information is being processed.
What can a data be considered a personal information?
The law says:
Personal information refers to any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.
Examples of Personal Information are the following:
- Shaun Andre Barnes is the current Dean of College of Medicine at the University of Baguio.
- He is the first born of Spouses Shaun and Andrea Barnes who are currently living in No. 34, Barangay Warriors of the City of Baguio.
In the first example, the identity of the individual is apparent based on the specific information provided. In the second example, it seems that the identity of an individual is not apparent. However, once the other information provided were put together, it would directly and certainly identify the individual although he was not named.
Are there criteria for processing of personal information?
The law says:
Yes.
The processing of personal information shall be permitted only if not otherwise prohibited by law, and when at least one of the following conditions exists
- The data subject has given his or her consent;
- The processing of personal information is necessary and is related to the fulfillment of a contract with the data subject or in order to take steps at the request of the data subject prior to entering a contract;
- The processing is necessary for compliance with legal obligation to which the personal information controller is subject;
- The processing is necessary in order to respond to national emergency, to comply with the requirements of public order and safety, or to fulfill functions of public authority which necessarily includes the processing of personal data for the fulfillment of its mandate; or
- The processing is necessary for the purposes of the legitimate interests pursued by the personal information controller or by a third party or parties to whom the data is disclosed; except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection under the Philippine Constitution.
Thus, there are two (2) requirements which should be considered in processing of personal information. First, it should not be prohibited by law and second, any of the above conditions must be present.
When is a personal information considered sensitive or privileged? A related article will be posted in a few days.
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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