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Banks - FAQs
Banks 3 weeks agoBy: itvillasoto

DP COUNCIL

BANKING SECTOR

Frequently Asked Questions

 

Q. 1. From an institutional perspective, banks have been exerting best efforts to obtain and document the consent of all its customers, specifically the old account holders that have had accounts long before the existence of the Data Privacy Act of 2012 (DPA). We understand that “negative conforme” type of consent is not acceptable. Given the difficulty of obtaining a positive form of consent, aside from achieving a 100% success rate with regards to obtaining consent from the entire client population, is the ...

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Non-Bank Financial Institution (NBFI) FAQs v3
Non-bank Financial Institution 3 weeks agoBy: TJ Mendoza

DP COUNCIL

Non-Bank Financial Institution

Frequently Asked Questions

 

Q .1. What is NBFI?

NBFI is a financial institution that does not have a full banking license and cannot accept deposits from the public. However, NBFIs do facilitate alternative financial services, such as investment (both collective and individual), risk pooling, financial consulting, brokering, money transmission, and check cashing. NBFIs are a source of consumer credit (along with licensed banks). These non-bank financial institutions provide services that are not necessarily suited to banks, serve as ...

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FAQ Health Maintenance Organizations
Health Maintenance Organization (HMO) 3 weeks agoBy: reginenoelle.ignacio

DP COUNCIL

HEALTH MAINTENANCE ORGANIZATIONS SECTOR

Frequently Asked Questions

 

1. Corporate coverage plans are usually procured by employers as part of their employee benefits package. The enrollment procedure is usually just a submission of an e-data by the employer containing the employees personal information. Would an undertaking by the employer that it has secured the consent of the employee to have his/her information shared, disclosed, and processed by the Health Maintenance Organization (HMO) be sufficient? Do we also need to keep physical copies of consents of ...

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FAQs - Individual Professionals
Individual Professionals (Lawyers, Physicians, etc.) 3 weeks agoBy: TJ Mendoza

 

DP COUNCIL

individual professionals SECTOR

Frequently Asked Questions

 

Q. 1. Can we collect personal information and sensitive personal information?

As a general rule, you can collect personal information, unless otherwise prohibited by law. The criteria for lawful processing of personal data can be found in Section 12 of the Data Privacy Act of 2012.

The rule is reversed in the case of sensitive personal information. The processing of sensitive personal information and privileged information shall be prohibited, unless otherwise allowed. The exemptions can be found ...

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FAQs BPOs
Business Process Outsourcing 3 weeks agoBy: jetsiang

Does the Data Privacy Act of 2012 apply to Business Process Outsourcing (BPOs) Organizations?

Yes, the Data Privacy Act of 2012 applies to BPOs. While Section 5(f) of the implementing rules of the law provides that the Act and its implementing rules shall not apply to personal information originally collected from residents of foreign jurisdictions (foreign data) in accordance with the laws of those foreign jurisdictions, it goes on to say that the exemption provided is only to the minimum extent of collection, access, use, disclosure or other processing necessary to the specific ...

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FAQs Government Sector
Government 3 weeks agoBy: Glenda Leah Caringal

DP COUNCIL

GOVERNMENT SECTOR

Frequently Asked Questions

 

Q. 1. Please provide an example or a template of a data sharing agreement between government agencies.

A template of a data sharing agreement is shown in the third edition of the NPC Privacy Toolkit. You may get your agency’s copy of the NPC Privacy Toolkit at the NPC office at the 5th Floor, PICC Delegation Building, CCP Complex, Pasay City. You can also find a copy of the NPC Privacy Toolkit online at https://www.privacy.gov.ph/wp-content/files/attachments/nwsltr/3rdToolkit_0618.pdf.

The template may be found on ...

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FAQs Non-Life Insurance Sector
Non-Life Insurance 3 weeks agoBy: jeson.pura

DP COUNCIL

NON-LIFE insurance SECTOR

Frequently Asked Questions

 

Q.1. Should Local Captive Insurance Call Centers be required to use “Mini Miranda” statements? (Disclose calls are being recorded.)

            “Mini Miranda” statements refer to the legal warning debt collectors are required to use under the Fair Debt Collection Practices Act (FDCPA), a US federal law, in their communications with consumers stating that: the contact is from a debt collector, the purpose of the communication is to ...

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FAQs on Data Privacy in the Manning Sector
Manning (Maritime, etc.) 3 weeks agoBy: danya.reyes

DP COUNCIL

MANNING SECTOR

Frequently Asked Questions

 

How should the previously collected data be addressed?

The personal data collected previously must still adhere to the general principles in the collection of personal data. The data subjects from whom the personal data are collected must be informed that the collection is for a declared, specified, and legitimate purpose. To satisfy these principles, the following guidelines should be observed:

  • Consent is required prior to the collection and processing of personal data, subject to exemptions provided by the Act and other ...

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FAQs LGU sector
Local Government Units 3 weeks agoBy: TJ Mendoza

FREQUENTLY ASKED QUESTIONS re: LGU sector

 

Q1: How do you harmonize the provisions of the Data Privacy Act (DPA) and E.O. No. 2 (FOI Order)?

A1: The DPA regulates the processing of personal data by an individual or juridical person, whether belonging to the public or private sector. The FOI Order on the other hand deals with information, official records, public records and to documents and papers pertaining to official acts, transactions or decisions, as well as to government research data used as basis for policy development. Under the FOI Order, every Filipino shall have ...

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GOCCs Frequently Asked Questions
Government-Owned and/or Controlled Corporations (GOCCs) 3 weeks agoBy: kbarrios

FAQs (GOCCs)

 

  • How do we process requests for information under the Freedom of Information (FOI) Act?

When releasing information subject of an FOI request that entails disclosing personal information, you are required to afford full protection to a person’s right to privacy and to adhere to the principles of transparency, legitimate purpose, and proportionality.

Moreover, under the DPA, you are allowed to disclose the following:

 

  • Information about any individual who is or was an officer or employee of a government institution that relates to the position or ...

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