FINALS

True or False
1. Consent of the data subject refers to any freely given, specific, informed
indication of will, whereby the data subject agrees to the collection and
processing of personal information about and/or relating to him or her.
2. Sensitive Data Information refers to an individual's health, education, the
genetic or sexual life of a person, or to any proceeding for any offence
committed or alleged to have been committed by such individual
3. Privacy is the right to be left alone.
4. An exception to consent is allowed where processing is necessary to pursue
the legitimate interests of the data controller, except where overridden by the
fundamental rights and freedoms of the data subject.
5. Overtime work is voluntary.
6. Fair use permits a secondary use that serves the copyright objective of
stimulating productive thought and public instruction without excessively
diminishing the incentives for creativity.
7. If there is no work performed by the Ee, without the fault of the Er, there
can be no wage or pay.  
8. An employee who performs work exceeding eight (8) hours is entitled to an
additional compensation equivalent to his regular wage plus at least 25%
thereof.
9. Plagiarism is the practice of claiming or implying original authorship of (or
incorporating material from) someone else’s written or creative work, in whole
or in part, into one’s own without adequate acknowledgment.

10. Personal data shall be disposed or discarded in a secure manner that

would prevent further processing, unauthorized access, or disclosure to any
other party or the public, or prejudice the interests of the data subjects.
11. Consent is required for processing where the data subject is party to a
contractual agreement, for purposes of fulfilling that contract. 
12. The National Private Commission is an independent body mandated to
administer and implement the Data Privacy Act of 2012, and to monitor and
ensure compliance of the country with international standards set for data
protection
13. Copyright works are protected from the time of their registration,
irrespective of their mode or form of expression, as well as of their content,
quality and purpose.
14. Any work of the Government of the Philippines  is considered copyrightable
works.
15. Privileged Information refers to individual’s race, ethnic origin, marital
status, age, color, and religious, philosophical or political affiliations.
16. The law requires a data breach notification within 24 hours upon
knowledge of the breach or reasonable belief that it has occurred to the NPC
and the data subject.
17. The person who commissioned the work shall own the work but the
copyright thereto shall remain with the creator – In cases of work pursuant to
commission, unless there is a written stipulation to the contrary.

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18. If work of joint authorship consists of parts that can be used separately,
then the author of each part shall be the original owner of the copyright in the
part that he has created.
19. Availability breach refers from the loss accidental or unlawful destruction
of personal data.
20. Integrity breach refers from the unauthorized alteration of personal data
21. Each personal information controller is responsible for personal
information under its control or custody, including information that have been
transferred to a third party for processing, whether domestically or
internationally, subject to cross-border arrangement and cooperation.
22. There can be no delay in the notification if the breach involves at least one
hundred (100) data subjects, or the disclosure of sensitive personal information
will harm or adversely affect the data subject. In either case, the Commission
must be notified within the 72-hour period based on available information.
23. The National Privacy Commission is an independent body mandated to
administer and implement the Act, and to monitor and ensure compliance of
the country with international standards set for personal data protection.
24. Personal data shall be processed fairly and lawfully.
25. Confidentiality breach refers from the unauthorized disclosure of or access
to personal data.
26. Right to be informed means that the data subject shall have the right,
where personal information is processed by electronic means and in a
structured and commonly used format, to obtain from the personal information
controller a copy of data undergoing processing in an electronic or structured
format, which is commonly used and allows for further use by the data
subject. 
27. Any employee who has rendered at least one year of service, whether such
service is continuous or broken, shall not be considered a regular employee
with respect to the activity in which he is employed and his employment shall
continue while such activity exists.
28. Data subject must implement reasonable and appropriate organizational,
physical and technical measures intended for the protection of personal
information against any accidental or unlawful destruction, alteration and
disclosure, as well as against any other unlawful processing.
29. Absent any other proof that the project employees were informed of their
status as such, it will be presumed that they are project employees.
30. The Data Privacy Act apply to specific categories of information, to the
extent of allowable collection, access, use, disclosure or other processing, laid
down in the succeeding paragraphs.
Identification
1. Refers to any information whether recorded in a material form or not, from
which the identity of an individual is apparent or can be reasonably and
directly ascertained by the entity holding the information, or when put together
with other information would directly and certainly identify an individual.
2. In charge of administering and implementing the Data Privacy Act.
3.  This Law protects and maintains the right of customers to confidentiality by
setting a legal list of rules for companies to regulate the collection, handling,
and disposal of all personal information.

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4. Refers to personal information, sensitive information or privileged
information, collectively, which are in an information and communications
system, or relevant filing system, or intended to form part of the same.
5. Refers to any operation or any set of operations performed upon personal
information including, but not limited to, the collection, recording,
organization, storage, updating or modification, retrieval, consultation, use,
consolidation, blocking, erasure or destruction of data.
6. Refers to the National Privacy Commission created by virtue of the Data
Privacy Act.
7. Refers to a natural or juridical person or any other body who controls the
processing of personal data or instructs another to process personal data on its
behalf.
8. It is a security incident that leads to unlawful or unauthorized processing of
personal, sensitive or privileged information, or that otherwise compromises
the availability, integrity and confidentiality of personal data processed under
the control of a personal information controller
9. Refers to an individual whose personal, sensitive or privileged information is
processed.
10.  Refers to all forms of data which under the Rules of Court and other
pertinent laws constitute privileged communication.
11. This law governs the rights and duties of the employer and employees with
respect to the terms and conditions of employment.
12. Refers who have been engaged to perform activities which are usually
necessary or desirable in the usual business or trade of the employer.
13. A right over literary and artistic works which are original intellectual
creations in the literary and artistic domain protected from the moment of
creation.
14. Work performed beyond 8 hours within the worker’s 24 hour workday.
15. An employee who works between 10 p.m to 6:00 a.m. should be paid a
night shift differential of not less than ten percent (10%) of his regular wage.
16. An employee renders service for a definite period of time and the
employment contract must be terminated after such period expires.
17. The processing of information shall be adequate, relevant, suitable,
necessary, and not excessive in relation to a declared and specified purpose.
18. Any visible sign capable of distinguishing the goods (trademark) or
services (service mark) of an enterprise and shall include a stamped or marked
container of goods.

19. Refers to any technical solution of a problem in any field of human

activity, which is new, involves an inventive step and is industrially applicable.
It may be, or refer to, any product, process, or an improvement of any of the
foregoing.

20. Refers to the fair use of copyrighted work for criticism, news reporting,
teaching (including multiple copies for classroom use), research and similar
purposes is not an infringement of copyright.

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Essay
1. Maria is a clerk‐typist in Gracia San Jose, a charitable institution
dependent for its existence on contributions and donations from well
wishers. She renders work 10 hours a day but has not been given
overtime pay since her place of work is a charitable institution. Is Maria
entitled to overtime pay? Explain.

2. Hospicio De San Miguel is charitable hospital in La Trinidad, Benguet.

As a healthcare provider, most of the data process are considered
sensitive personal information. Can Hospicio De San Miguel share
information about their COVID-19 patients? Explain.

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