Data Privacy Act of 2011

Comment on the Data Privacy Act of 2011

In the Data Privacy Act of 2011, Congress has recognized the role of information and technology in the country, to wit: 

The State recognizes the vital role of information and communications technology in nation- building and its inherent obligation to ensure that personal information in information and communications systems in the government and in the private sector are secured and protected.

 (Sec. 2, Data Privacy Act)

Moreover, the fundamental law of the land provides in the Bill of Rights that:

Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law. (Emphasis supplied.)

Thus, it is correct to postulate that people value their right to privacy of communication and information as guaranteed by the 1987 Constitution and recognized in the recently passed Data Privacy Act of 2011.

In today’s time, information is key to numerous undertakings. Information obtained regarding the performance of a certain company may lead investors to either buy or drop their shares of stock with regards to that company. However, the information being referred to in the Data Privacy Act pertains to information of the sensitive kind which in the ordinary course of business, a person would not divulge or would hesitate in giving out said information.

As earlier stated, the purpose of the Data Privacy Act is to protect and secure information which would otherwise be handed over to a Personal Information Processor for the purpose of processing the same usually in compliance with the regulation power of the State. It is of no doubt that such information should be protected for the very reason that information given out by the Data Subject could be used in a malicious manner which would eventually lead to the prejudice of the Data Subject. Furthermore, persons who are about to give out information to a Personal Information Processor should be secure in themselves that the information they give out would be protected from the willful and malicious targeting of criminals.

In today’s technology, what was once impossible or improbable now becomes a possibility however it comes with a price like identity theft and credit card theft being rampant especially in the United States. In relation to the Data Privacy Act wherein sensitive and privileged matters may be the information sought after the Data Subject, the State should afford protection to the millions of Data Subject as it is this protection that is afforded to the citizens that lets the citizen-taxpayer feel the altruistic feeling whenever he pays his taxes.

That being said, the Data Privacy Act of 2011 is timely as it is very much needed in the modern times. However, as with the other laws enacted by Congress, the problem that needs to be addressed is the implementation of said laws. The Philippines has numerous laws which are timely and commendable however it is the implementation of these laws that should be addressed and focused on by the Executive Branch of the government.