NPC Updating Penalties To Be Imposed vs Data Privacy Violators

NPC is updating the penalties to be imposed against data privacy violators.

NPC — The National Privacy Commission is updating the penalties to be imposed against data privacy violators.

National Privacy Commission (NPC)

On Friday, the privacy body said in a statement that it conducted an online public hearing on March 22, wherein it presented an updated draft circular on administrative fines to its stakeholders.

The privacy body said that the updated draft includes consolidated comments from previous hearings which started last April 2021.

In consideration of the comments from the public, the privacy body said that it revised the scope to include all personal information processors (PIPs) or personal information controllers (PICs) under the jurisdiction of the Data Privacy Act.

It also said that the circular on administrative fines aims to promote organizational accountability and compliance with the Data Privacy Act by providing an optimal deterrence.

data security
Photo source: Philstar

According to the privacy body, one of the notable changes in the current draft is the proposal to include a ceiling for the imposition of administrative fines. As such, the privacy body said that the provision limiting the total imposable fine to not more than PHP 5,000,000 was inserted.

Privacy Commissioner John Henry Naga said that the privacy body has consistently issued proactive measures for PIPs and PICs to comply with the law.

By now, we expect PICs and PIPs to have incorporated in their respective processes and implemented necessary measures, to protect data subjects and uphold data privacy rights,” Naga said.

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The privacy body noted that PIPs and PICs who refuse to pay the administrative fines may be subject to a cease-and-desist order, and other reliefs or processes the privacy body is authorized to pursue as provided under Section 7 of the Data Privacy Act, and/or appropriate contempt proceedings under the Rules of Court.

In addition, the privacy body said that it is open to receiving comments from its stakeholders regarding the draft circular until April 6, 2022.

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