DATA PRIVACY ACT CASE STUDIES: Philippines’ First Conviction Under The Data Privacy Act of 2012
DATA PRIVACY ACT OF 2012 (R.A. 10173)
“Philippines’ First Conviction Under The Data Privacy Act of 2012”
FACTS STATED: Th
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DATA PRIVACY ACT CASE STUDIES: Philippines’ First Conviction Under The Data Privacy Act of 2012
DATA PRIVACY ACT OF 2012 (R.A. 10173)
“Philippines’ First Conviction Under The Data Privacy Act of 2012”
FACTS STATED: The defendant was allegedly accused of accessing several credit card accounts of a client
credit card company without a call or actual request from their real owners.
According to the complainant, the accused also illegally accessed personal identification cards and changed
into temporary PINs and that subsequently, a consistent amount of $500.00 were withdrawn as cash advances
from all the said credit cards.
The identity of the accused was not disclosed from the legal news article and the complainant was the BPO
company. Records shows that on May 30, 2016 there are probable causes found by the Office of the City
Prosecution (OCP) of Makati against the accused for several counts of violation under Sec. 28 of Data Privacy
Act of 2012 and Sec 4 (b)(3) Cybercrime Act of 2012.DATA PRIVACY ACT OF 2012 (R.A. 10173)
“Philippines’ First Conviction Under The Data Privacy Act Of 2012”
PROBLEM/ISSUE: The illegal access of personal identification cards and several credit card accounts of
a client card company.
APPLICABLE LAW/STUDY: The accused was convicted for violating Sec. 28 of Data privacy Act of
2012 which stated, “processing of personal information and sensitive personal information for
unauthorized purposes”. The accused was sentenced of imprisonment for one (1) year and six (6)
months as minimum and five (5) years as maximum and a fine of Five Hundred Thousand pesos (Php
500,000.00) pursuant to Sec 8 of the R.A. 10173.
SOURCE: BSBLAW Firm,
www.bsblaw.ph/Philippines-first-conviction-under-the-data-privacy-act-of-2012-by-atty-ephraim-garnet
-m-salem/DATA PRIVACY ACT OF 2012 (R.A. 10173)
Chairman Andres Bautista Criminally liable for COMELEC Data Breach – National Privacy
Commission
FACTS STATED: NPC filed criminal charges against the Chairman for violating the Data Privacy Act of 2012
on December 28, 2016. NPC highlighted the “lack of appreciation” of Bautista that implementing of security
was not just the “by all means” of data protection.
NPC also added that being the chairman of COMELEC, Bautista should have made sure that regular review
and evaluation of the poll body’s privacy and security policies were implemented.
According to NPC, COMELEC violated the Sec 11, 20 and 21 in relation to the Sec. 26 of the R.A. 10173.
COMELEC said the Office of the Solicitor General will file a motion for reconsideration with the NPC
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