Is it a Good or Bad
Law?
Under
Section 2, the State recognizes the:
(a) fundamental human right of privacy
of communication;
(b) the vital role of information and
communications technology in nation building;
(c) inherent obligation to ensure that
personal information in the information and communications systems in the
government and in the private sector are secured and protected
The
passing of this bill will help foster the growth the call center industry in
the Philippines since the proposed bill is based on the standards set by
European Parliament and is aligned with the Asia Pacific Economic Cooperation
Information Privacy Framework.[1]
The
bill will result in the increase of foreign investments related to IT-BPOs. As
of to date the salaries of the employees of the BPO amount to 14% of the 2012
government spending.[2]
With
the passage of this bill, we are more likely to attract more IT-BPO investors.
Raymond Lacdao, director for Business Processing Association of the
Philippines, expects the
industry to earn $25 billion in 2016 and employ 1.3 million employees. If the
target is reached, Lacdao said this will result in 3.2 million indirect
employees and a nine percent growth in GDP.[3]
Now ask yourself,
is this a good or bad law? I think the answer is obvious.
Is this law perfect?
I.
The bill would have a significant impact to
our GDP however it is not without flaws. The most glaring flaw is that it fails
to address protection against personal information and sensitive personal
information of processed by personal information controllers and processors
located outside the Philippines and do not maintain an office, branch or agency
in the Phil and neither complies with any of the provisions stated under
Section 5.
For the protection
to apply the following elements must be present:
a.
Processing of all types of personal information
b.
Any
natural or juridicial person involved in personal information processing
c.
Establishment
outside of the Philippines may be subjected provided that:
a.
Establishment
uses equipment that are located in the Philippines or;
b.
Maintain
an office, branch, or agency
d.
complies
with extra-territorial application
Extraterritorial application
requires that for the protection to apply the act done or practice engaged in
and outside the Philippines, any of the following should be present:
a.
personal
information about a Philippine citizen or a resident
b.
entity
has link with the Philippines
c.
other
similar instances
II.
Under Section 9-A which discusses
the accountability of the personal information controller. The personal information
controller is responsible under its control or custody, including information
that have been transferred to a third party for processing makes him
accountable for complying with the requirements of the bill and provide level
of protection while the information is being processed by a third party.
However, the identity of the third party shall not be made known to the data
subject unless a request by the data subject is made. The requirement of data
subject consent is wrong since under the Rights of a Data Subject, he should be
made aware of the personal information controller. All the more should the data
subject be made aware of the third party processing the personal or sensitive
personal information since errors would most likely arise from the third party
who is not made accountable under Section 9-A.[4]
Unintended Consequences?
Article 3 Section 3 of the 1987
Constitution states that “No law shall be passed abridging the freedom of speech, of expression,
or of the press, or the right of the people peaceably to assemble and petition
the government for redress of grievances.”
Under
Section 31, in cases of breach of penalty where such breach has resulted in the
information being published or reported by media shall make the reporter,
writer president, manager and editor-in-chief liable and be imprisoned and
penalized. [5]
Should
Section 31 be declared null and void for being unconstitutional since it
abridges the freedom of the press?
How does this affect me and the general public?
This
bill will cause an increase in Foreign Direct Investments in the IT-BPO
industry which will in turn increase GDP of the Philippines. Presently, the
Philippines is experiencing a surprising economic surge because of two factors:
(a) OFW remittances (b) the call center industry. “These
jobs are considered well - paid -- enough for workers to afford, after several
years' employment, down payments on condominiums in Manila's booming property
market.”6
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