DATA PRIVACY ACT (REPUBLIC ACT NO.

10173)
IMPLEMENTING RULES AND REGULATIONS1

I. COVERAGE:

Processing of all Personal Data composed of:

Personal Information

Defined as 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 individual2

Sensitive Personal Information3

Defined as personal information:

1. About an individual’s race, ethnic origin, marital status, age, color, and religious,
philosophical or political affiliations;

2. 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
individual, the disposal of such proceedings, or the sentence of any court in such
proceedings;

3. Issued by government agencies peculiar to an individual which includes, but is not

limited to, social security numbers, previous or current health records, licenses or its
denials, suspension or revocation, and tax returns; and

4. Specifically established by an executive order or an act of Congress to be kept classified.

“Processing” refers to any operation or any set of operations performed upon personal data
including, but not limited to, the collection, recording, organization, storage, updating or
modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction
of data4.

Personal Data that belong to data subjects such as

Employees,

1
Promulgated 24 August 2016 and took effect 11 September 2016.
2
Sec. 3(l)
3
Sec. 3(t)
4
Sec. 3(o)

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 Individual Customers,

Representatives OF INDIVIDUAL CUSTOMERS AND/OR OF CONTRACT

COUNTERPARTIES (e.g. CUSTOMERS, SERVICE PROVIDERS and THIRD PARTIES), and

NON-Customers / Applicants FOR PRODUCTS/SERVICES.

II. IN SCOPE PERSONS / ENTITIES

A. Personal Information Controllers

Defined as a natural or juridical person, or any other body who controls the processing of
personal data, or instructs another to process personal data on its behalf5.

But excludes:

1. A natural or juridical person, or any other body, who performs such functions as
instructed by another person or organization; or
2. A natural person who processes personal data in connection with his or her personal,
family, or household affairs;

A personal information controller may subcontract or outsource the processing of

personal data.

A personal information controller shall be responsible for any personal data under its
control or custody including information that have been outsourced or transferred to a
personal information processor or a third party for processing, whether domestically or
internationally.

It remains accountable for complying with the requirements of the Act, these Rules, and
other issuances of the Commission, even with respect to personal data subject of
subcontracting or outsourcing.

B. Personal Information Processors

Defined as any natural or juridical person or any other body to whom a personal
information controller may outsource or instruct the processing of personal data pertaining
to a data subject6.

C. Applicable to HSBC Group entities in the Philippines, namely:

5
Sec. 3(m)
6
Sec.3(n)

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HBAP – PIC and PIP
HBPH – PIC and PIP
INPH – PIC and PIP
HDPP – PIC and PIP

D. Can also apply to other HSBC Group entities outside the Philippines where:

An act done or practice engaged whether within or outside of the Philippines 7 if:

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

2. 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:

a. Use of equipment located in the country, or maintains an office, branch or

agency in the Philippines for processing of personal data;
b. A contract is entered in the Philippines;
c. A juridical entity unincorporated in the Philippines but has central management
and control in the country;
d. 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;
e. An entity that carries on business in the Philippines;
f. An entity that collects or holds personal data in the Philippines.

III. Duties of Personal Information Controllers and Personal Information Processors

A. Obtain consent of the data subject8 as a prerequisite to processing and/or sharing9

of personal data.

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Sec. 4
8
Sec. 19(a)(1)
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Sec. 20. - Data Sharing shall be under the following conditions:
1. Consent shall be required even when the data is to be shared with an affiliate or mother company, or similar
relationships;
2. Data sharing for commercial purposes, including direct marketing, shall be covered by a data sharing
agreement: (a) The data sharing agreement shall establish adequate safeguards for data privacy and security,
and uphold rights of data subjects, and (b) The data sharing agreement shall be subject to review by the
Commission, on its own initiative or upon complaint of data subject.
3. The data subject shall be provided with the following information prior to collection or before data is
shared: (a) Identity of the personal information controllers or personal information processors that will be
given access to the personal data; (b) Purpose of data sharing; (c) Categories of personal data concerned; (d)
Intended recipients or categories of recipients of the personal data; (e) Existence of the rights of data subjects,
including the right to access and correction, and the right to object; (f) Other information that would
sufficiently notify the data subject of the nature and extent of data sharing and the manner of processing.

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 “Consent” refers to any freely given, specific, informed indication of will, whereby
the data subject agrees to the collection and processing of his or her personal,
sensitive personal, or privileged information.

Consent shall be evidenced by written, electronic or recorded means. It may also

be given on behalf of a data subject by a lawful representative or an agent
specifically authorized by the data subject to do so.

B. Process10 personal data in accordance with the following data privacy principles11:

1. Transparency. The data subject must be aware of the nature, purpose, and
extent of the processing of his or her personal data, including the risks and
safeguards involved, the identity of personal information controller, his or her
rights as a data subject, and how these can be exercised. Any information and
communication relating to the processing of personal data should be easy to
access and understand, using clear and plain language.

2. Legitimate purpose. The processing of information shall be compatible with a

declared and specified purpose12 which must not be contrary to law, morals, or
public policy.

3. Proportionality. The processing of information shall be adequate, relevant,

suitable, necessary, and not excessive in relation to a declared and specified
purpose. Personal data shall be processed only if the purpose of the processing
could not reasonably be fulfilled by other means.

C. Put in place security measures, internal governance and control policies and
procedures, such as:

1. designate an individual or individuals who are accountable for its compliance with
the Act (s50) who shall function as data protection officer, compliance officer or
otherwise be accountable for ensuring compliance with applicable laws and
regulations for the protection of data privacy and security (s26a)13

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Only personal data that is necessary and compatible with declared, specified, and legitimate purpose shall
be collected. Personal data shall be processed fairly and lawfully. In connection therewith, (a) Information
provided to a data subject must always be in clear and plain language to ensure that they are easy to
understand and access. (b) Processing must be in a manner compatible with declared, specified, and
legitimate purpose. (c) Processed personal data should be adequate, relevant, and limited to what is
necessary in relation to the purposes for which they are processed. (d) Processing shall be undertaken in a
manner that ensures appropriate privacy and security safeguards. (e) Processing should ensure data quality:
(1) Personal data should be accurate and where necessary for declared, specified and legitimate purpose, kept
up to date, and (2) inaccurate or incomplete data must be rectified, supplemented, destroyed or their further
processing restricted. (Sec. 19)
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Sec. 17 - 18
12
Purpose should be determined and declared before, or as soon as reasonably practicable, after collection.

13
https://privacy.gov.ph/advisories/npc-advisory-no-2017-01-designation-data-protection-officers/

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 2. implement appropriate data protection policies that provide for organization,
physical, and technical security measures, and, for such purpose, take into account
the nature, scope, context and purposes of the processing, as well as the risks posed
to the rights and freedoms of data subjects14

3. maintain records that sufficiently describe its data processing system, and identify
the duties and responsibilities of those individuals who will have access to personal
data15.

4. be responsible for selecting and supervising its employees, agents, or

representatives, particularly those who will have access to personal data16.

5. develop, implement and review:

a. Procedures for the collection of personal data, including procedures for

obtaining consent, when applicable;
b. Procedures that limit the processing of data17, to ensure that it is only to the
extent necessary for the declared, specified, and legitimate purpose;

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a. The policies shall implement data protection principles both at the time of the determination of the
means for processing and at the time of the processing itself.
b. The policies shall implement appropriate security measures that, by default, ensure only personal data
which is necessary for the specified purpose of the processing are processed. They shall determine the amount
of personal data collected, including the extent of processing involved, the period of their storage, and their
accessibility.
c. The policies shall provide for documentation, regular review, evaluation, and updating of the privacy and
security policies and practices.

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Records should include:
a. Information about the purpose of the processing of personal data, including any intended future processing
or data sharing;
b. A description of all categories of data subjects, personal data, and recipients of such personal data that will
be involved in the processing;
c. General information about the data flow within the organization, from the time of collection, processing,
and retention, including the time limits for disposal or erasure of personal data;
d. A general description of the organizational, physical, and technical security measures in place;
e. The name and contact details of the personal information controller and, where applicable, the joint
controller, the its representative, and the compliance officer or Data Protection Officer, or any other individual
or individuals accountable for ensuring compliance with the applicable laws and regulations for the protection
of data privacy and security.

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The said employees, agents, or representatives shall operate and hold personal data under strict
confidentiality if the personal data are not intended for public disclosure. This obligation shall continue even
after leaving the public service, transferring to another position, or upon terminating their employment or
contractual relations. There shall be capacity building, orientation or training programs for such employees,
agents or representatives, regarding privacy or security policies.

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Processing shall uphold the rights of the data subject, including the right to refuse, withdraw consent, or
object. It shall likewise be transparent, and allow the data subject sufficient information to know the nature
and extent of processing.

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 c. Policies for access management, system monitoring, and protocols to follow
during security incidents or technical problems;
d. Policies and procedures for data subjects to exercise their rights under the Act;
e. Data retention schedule, including timeline or conditions for erasure or disposal
of records18.

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Personal Data shall not be retained longer than necessary.
1. Retention of personal data shall only be for as long as necessary: (a) for the fulfillment of the declared,
specified, and legitimate purpose, or when the processing relevant to the purpose has been terminated; (b) for
the establishment, exercise or defense of legal claims; or (c) for legitimate business purposes, which must be
consistent with standards followed by the applicable industry or approved by appropriate government agency.
2. Retention of personal data shall be allowed in cases provided by law.
3. Personal data shall be disposed or discarded in a secure manner that would prevent further processing,
unauthorized access, or disclosure to any other party or the public, or prejudice the interests of the data
subjects.
4. Personal data shall not be retained in perpetuity in contemplation of a possible future use yet to be
determined. (Sec. 19(d))

Exceptions: 1. Personal data originally collected for a declared, specified, or legitimate purpose may be
processed further for historical, statistical, or scientific purposes, and, in cases laid down in law, may be stored
for longer periods, subject to implementation of the appropriate organizational, physical, and technical
security measures required by the Act in order to safeguard the rights and freedoms of the data subject, and
2. Personal data which is aggregated or kept in a form which does not permit identification of data subjects
may be kept longer than necessary for the declared, specified, and legitimate purpose.

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 6. through appropriate contractual agreements19, ensure that its personal information
processors20, shall also implement the security measures required by the Act and
these Rules.

7. implement policies and procedures :

a. to monitor and limit access to and activities in the room, workstation or facility,
including guidelines that specify the proper use of and access to electronic
media;
b. design of office space and work stations, including the physical arrangement of
furniture and equipment, shall provide privacy to anyone processing personal
data, taking into consideration the environment and accessibility to the public;
c. The duties, responsibilities and schedule of individuals involved in the
processing of personal data shall be clearly defined to ensure that only the
individuals actually performing official duties shall be in the room or work
station, at any given time;
d. regarding the transfer, removal, disposal, and re-use of electronic media, to
ensure appropriate protection of personal data;
e. that prevent the mechanical destruction of files and equipment;
f. that ensure the room and workstation used in the processing of personal data
shall, as far as practicable, be secured against natural disasters, power
disturbances, external access, and other similar threats.

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The contract or legal act shall set out (a) the subject-matter and duration of the processing, (b) the nature
and purpose of the processing, (c) the type of personal data and categories of data subjects, (d) the
obligations and rights of the personal information controller, (e) the geographic location of the processing
under the subcontracting agreement, (f) that the personal information processor shall: 1. Process the
personal data only upon the documented instructions of the personal information controller, including
transfers of personal data to another country or an international organization, unless such transfer is
authorized by law; 2. Ensure that an obligation of confidentiality is imposed on persons authorized to process
the personal data; 3. Implement appropriate security measures and comply with the Act, these Rules, and
other issuances of the Commission; 4. Not engage another processor without prior instruction from the
personal information controller: Provided, that any such arrangement shall ensure that the same obligations
for data protection under the contract or legal act are implemented, taking into account the nature of the
processing; 5. Assist the personal information controller, by appropriate technical and organizational
measures and to the extent possible, fulfill the obligation to respond to requests by data subjects relative to
the exercise of their rights; 6. Assist the personal information controller in ensuring compliance with the Act,
these Rules, other relevant laws, and other issuances of the Commission, taking into account the nature of
processing and the information available to the personal information processor; 7. At the choice of the
personal information controller, delete or return all personal data to the personal information controller after
the end of the provision of services relating to the processing: Provided, that this includes deleting existing
copies unless storage is authorized by the Act or another law; 8. Make available to the personal information
controller all information necessary to demonstrate compliance with the obligations laid down in the Act, and
allow for and contribute to audits, including inspections, conducted by the personal information controller or
another auditor mandated by the latter; 9. Immediately inform the personal information controller if, in its
opinion, an instruction infringes the Act, these Rules, or any other issuance of the Commission.

20
It shall only engage those personal information processors that provide sufficient guarantees to implement
appropriate security measures specified in the Act and these Rules, and ensure the protection of the rights of
the data subject.

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 8. adopt and establish the following technical security measures:

a. security policy with respect to the processing of personal data;

b. safeguards to protect their computer network against accidental, unlawful or
unauthorized usage, any interference which will affect data integrity or hinder
the functioning or availability of the system, and unauthorized access through an
electronic network;
c. ensure and maintain the confidentiality, integrity, availability, and resilience of
their processing systems and services;
d. Regular monitoring for security breaches, and a process both for identifying and
accessing reasonably foreseeable vulnerabilities in their computer networks,
and for taking preventive, corrective, and mitigating action against security
incidents that can lead to a personal data breach;
e. The ability to restore the availability and access to personal data in a timely
manner in the event of a physical or technical incident;
f. A process for regularly testing, assessing, and evaluating the effectiveness of
security measures;
g. Encryption of personal data during storage and while in transit, authentication
process, and other technical security measures that control and limit access.

9. take steps to ensure that any natural person acting under their authority and who
has access to personal data, does not process them except upon their instructions,
or as required by law.

D. REPORTORIAL/NOTIFICATION obligations:

1. notify the Commission and affected data subjects within seventy-two (72) hours
upon knowledge of, or when there is reasonable belief by the personal information
controller or personal information processor that, a personal data breach requiring
notification has occurred21.

2. notify the data subject and provide specific information regarding the purpose and
extent of processing, including, where applicable, the automated processing of his or
her personal data for profiling, or processing for direct marketing, and data sharing.

3. notify the Commission when the automated processing becomes the sole basis for
making decisions about a data subject, and when the decision would significantly
affect the data subject.

21
Notification of personal data breach shall be required when sensitive personal information or any other
information that may, under the circumstances, be used to enable identity fraud are reasonably believed to
have been acquired by an unauthorized person, and the personal information controller or the Commission
believes that such unauthorized acquisition is likely to give rise to a real risk of serious harm to any affected
data subject.

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 4. Register personal data processing systems22 operating in the country that involves
accessing or requiring sensitive personal information of at least one thousand
(1,000) individuals, including the personal data processing system of contractors, and
their personnel, entering into contracts with government agencies;

5. File an annual report of the summary of documented security incidents and personal
data breaches;

6. Comply with other requirements that may be provided in other issuances of the
Commission.

22
The personal information controller or personal information processor that employs fewer than two
hundred fifty (250) persons shall not be required to register unless the processing it carries out is likely to
pose a risk to the rights and freedoms of data subjects, the processing is not occasional, or the processing
includes sensitive personal information of at least one thousand (1,000) individuals.

Refer also to NPC Memo Circular 17-01: https://privacy.gov.ph/npc-circular-17-01-registration-data-

processing-notifications-regarding-automated-decision-making/

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GLOSSARY OF TERMS

“Act” refers to Republic Act No. 10173, also known as the Data Privacy Act of 2012;

“Commission” refers to the National Privacy Commission;

“Consent of the data subject” refers to any freely given, specific, informed indication of will,
whereby the data subject agrees to the collection and processing of his or her personal,
sensitive personal, or privileged information.

Consent shall be evidenced by written, electronic or recorded means. It may also be given
on behalf of a data subject by a lawful representative or an agent specifically authorized by
the data subject to do so;

“Data subject” refers to an individual whose personal, sensitive personal, or privileged

information is processed;

“Data processing systems” refers to the structure and procedure by which personal data is
collected and further processed in an information and communications system or relevant
filing system, including the purpose and intended output of the processing;

“Data sharing” is the disclosure or transfer to a third party of personal data under the
custody of a personal information controller or personal information processor. In the case
of the latter, such disclosure or transfer must have been upon the instructions of the
personal information controller concerned. The term excludes outsourcing, or the
disclosure or transfer of personal data by a personal information controller to a personal
information processor;

“Direct marketing” refers to communication by whatever means of any advertising or

marketing material which is directed to particular individuals;

“Filing system” refers to any set of information relating to natural or juridical persons to the
extent that, although the information is not processed by equipment operating
automatically in response to instructions given for that purpose, the set is structured, either
by reference to individuals or by reference to criteria relating to individuals, in such a way
that specific information relating to a particular individual is readily accessible;

“Information and communications system” refers to a system for generating, sending,

receiving, storing, or otherwise processing electronic data messages or electronic
documents, and includes the computer system or other similar device by which data is
recorded, transmitted, or stored, and any procedure related to the recording, transmission,
or storage of electronic data, electronic message, or electronic document;

“Personal data” refers to all types of personal information;

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“Personal data breach” refers to a breach of security leading to the accidental or unlawful
destruction, loss, alteration, unauthorized disclosure of, or access to, personal data
transmitted, stored, or otherwise processed;

“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;

“Personal information controller” refers to a natural or juridical person, or any other body
who controls the processing of personal data, or instructs another to process personal data
on its behalf. The term excludes:

1. A natural or juridical person, or any other body, who performs such functions as
instructed by another person or organization; or
2. A natural person who processes personal data in connection with his or her personal,
family, or household affairs;

There is control if the natural or juridical person or any other body decides on what
information is collected, or the purpose or extent of its processing;

“Personal information processor” refers to any natural or juridical person or any other body
to whom a personal information controller may outsource or instruct the processing of
personal data pertaining to a data subject;

“Processing” refers to any operation or any set of operations performed upon personal data
including, but not limited to, the collection, recording, organization, storage, updating or
modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction of
data. Processing may be performed through automated means, or manual processing, if the
personal data are contained or are intended to be contained in a filing system;

“Profiling” refers to any form of automated processing of personal data consisting of the use
of personal data to evaluate certain personal aspects relating to a natural person, in
particular to analyze or predict aspects concerning that natural person’s performance at
work, economic situation, health, personal preferences, interests, reliability, behavior,
location or movements;

“Privileged information” refers to any and all forms of data, which, under the Rules of Court
and other pertinent laws constitute privileged communication;

“Public authority” refers to any government entity created by the Constitution or law, and
vested with law enforcement or regulatory authority and functions;

“Security incident” is an event or occurrence that affects or tends to affect data protection,
or may compromise the availability, integrity and confidentiality of personal data. It
includes incidents that would result to a personal data breach, if not for safeguards that
have been put in place;

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“Sensitive personal information” refers to personal information:

1. About an individual’s race, ethnic origin, marital status, age, color, and religious,
philosophical or political affiliations;
2. 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
individual, the disposal of such proceedings, or the sentence of any court in such
proceedings;
3. Issued by government agencies peculiar to an individual which includes, but is not limited
to, social security numbers, previous or current health records, licenses or its denials,
suspension or revocation, and tax returns; and
4. Specifically established by an executive order or an act of Congress to be kept classified.

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