Collection and Processing of Personal Data – Philippines
The Philippine Department of Trade and Industry Fills the Void

Submitted by Baker McKenzie

Contact
Michael Mensik (312) 861 8941
George Kimball (619) 235 7781
www.bakernet.com/outsourcing

Abstract
There is currently no specific law in the Philippines governing the collection and processing of personal data. With the recent boom of the Philippine outsourcing industry, there has been much clamor to enact a privacy and data protection legislation
to ensure that the growth of the outsourcing industry can be sustained.

The Department of Trade and Industry (“DTI”), in an attempt to cure the lack of clear rules on privacy and data protection, recently issued Department Administrative Order No. 8 (“Guidelines”) prescribing the guidelines for the protection of personal data in information and communications systems in the private sector. The Guidelines provide for the general principles in collecting personal data, processing of personal data, disclosure of personal to data processors, storage of personal data and the rights of the data subject.

The general rule under the Guidelines is that access to personal data in an information and communications system shall only be authorized in favor of the individual or entity having a legal right to the possession or the use of the file and solely for the authorized purposes. Personal data shall not be made available to any person or party without the consent of the individual or entity in lawful possession, or in the absence of court order. Personal data is defined as any information relating to an identified or identifiable natural person.

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