Your Data Privacy Rights (RA 10173 - Data Privacy Act of 2012)

Summary

This video explains your data privacy rights under the Data Privacy Act of 2012 (RA 10173). It defines key terms such as 'data subject', 'personal information', and 'personal information controller', and outlines essential rights like the right to be informed, access, object, erasure, damages, rectification, and data portability. The video emphasizes your right to control how your personal data is collected, used, and shared, and provides a clear guide on how to exercise these rights, including how to seek compensation if your privacy rights are violated.

Takeaways

• 😀 The Data Privacy Act of 2012 (RA10173) outlines the rights of individuals concerning their personal information.
• 😀 A 'data subject' is an individual whose personal information is processed by an organization.
• 😀 Personal information refers to data that can directly or indirectly identify an individual.
• 😀 A 'personal information controller' is the person or organization responsible for collecting, processing, and managing personal data.
• 😀 The Right to Be Informed ensures that personal information cannot be collected without explicit consent unless required by law.
• 😀 The Right to Access gives individuals the ability to request a copy of their personal information held by an organization.
• 😀 The Right to Object allows individuals to refuse consent for the processing of their data unless a legal obligation requires it.
• 😀 The Right to Erasure or Blocking enables individuals to request the deletion or blocking of their personal data when it is inaccurate or unlawfully obtained.
• 😀 The Right to Damages allows individuals to file complaints and claim compensation if their data privacy rights are violated.
• 😀 The Right to Rectify enables individuals to correct inaccuracies in their personal data held by organizations.
• 😀 The Right to Data Portability allows individuals to obtain and transfer their data to another service provider for further use.

Q & A

What is the Data Privacy Act of 2012 (RA 10173)?

The Data Privacy Act of 2012 (RA 10173) is a law in the Philippines that protects personal information by regulating how it is collected, processed, stored, and used. It ensures that individuals' personal data is handled responsibly and securely.

What does the term 'data subject' refer to?

A 'data subject' refers to an individual whose personal information is processed by an organization. If an organization collects or uses your personal data, you become a data subject under the law.

What constitutes personal information under the Data Privacy Act?

Personal information refers to any data that can directly or reasonably identify an individual, such as their name, contact details, address, or other personal identifiers.

Who is a Personal Information Controller (PIC)?

A Personal Information Controller (PIC) is an individual or organization that controls the collection, processing, storage, or use of personal data. They are responsible for ensuring that personal data is handled in compliance with the law.

What is the 'Right to Be Informed'?

The Right to Be Informed means that organizations must notify individuals before collecting their personal data and inform them about how their data will be used. It also includes the obligation to inform individuals if their data is compromised.

What is the 'Right to Access' in relation to personal data?

The Right to Access allows individuals to view and obtain a copy of their personal data held by an organization. It also includes the right to know how the data is being used and for what purposes.

What does the 'Right to Object' entail?

The Right to Object allows individuals to refuse consent for their personal data to be processed. If an individual objects, the organization must stop processing the data unless certain legal conditions apply, such as a subpoena or contractual obligation.

Under what conditions can an individual exercise the 'Right to Erasure or Blocking'?

The Right to Erasure or Blocking allows individuals to request the suspension, withdrawal, or removal of their personal data. This right can be exercised if the data is incomplete, outdated, false, unlawfully obtained, or used for unauthorized purposes.

What is the 'Right to Rectify'?

The Right to Rectify allows individuals to dispute inaccuracies in their personal data and request corrections. The organization must correct the information and inform third parties that received the erroneous data.

Can individuals file a complaint if their data privacy rights are violated?

Yes, individuals have the right to file a complaint with the National Privacy Commission if their data privacy rights are violated. They may also seek compensation for any damages suffered as a result of the violation.

What is the 'Right to Data Portability'?

The Right to Data Portability allows individuals to obtain and transfer their personal data from one organization to another, or store it on a personal device. This empowers individuals to manage their personal data across different platforms.

Who can exercise data privacy rights in the event of a data subject's incapacity or death?

Data privacy rights can be exercised by the lawful heirs or assignees of a data subject in case of incapacity or death. These rights can still be invoked to protect the data subject's privacy even after their passing.