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Advisory Opinions

Choose two (2) from among the "Advisory Opinions" published in the website of the NPC
(https://www.privacy.gov.ph/advisory-opinions/) and satisfy the questions below:

1.) What are the various provisions of the Act (DPA of 2012), the IRR and related Circulars, Advisories of
the National Privacy Commission as well as other pertinent laws that were used for cross-referencing by
the NPC on their position on a particular Advisory Opinion.

Ans. Advisory-Opinion-No.-2022-023
Re: DISCLOSURE OF STUDENTS’ PERSONAL DATA FOR CASE BUILD-UP PURPOSES
SECTION 13. Sensitive Personal Information and Privileged Information. – The processing of
sensitive personal information and privileged information shall be prohibited, except in the
following cases: x x x (f) The processing concerns such personal information as is necessary for the
protection of lawful rights and interests of natural or legal persons in court proceedings, or the
establishment, exercise or defense of legal claims, or when provided to government or public
authority.

This provision of the law was not created to coerce any individual and the same be used to harass
anyone. The purpose of data provision in relation to the particular purpose of data request defeats
the very purpose of data protection. Gathering information to formulate legal suit against anyone
by the use of data freely given for a specific purpose is such a grave attack to the fundamental
rights of the data subject or in this case the data giver.

Ans. Advisory-Opinion-No.-2022-017
Re: DISCLOSURE OF PERSONAL INFORMATION FOR CYBERSECURITY INVESTIGATIONS
Data Privacy Act of 2012, Section 3… xxx personal information 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.

This advisory opinion exposes the weaknesses of the law itself when it comes to pinpointing the
actual and material facts or terms that need to have a definitive description. It showed that
although the law have teeth, still there are loopholes that the crooks can take advantage of like
what are the things that falls under specific categories or types of information that can be classified
as non-essentials and are available for disclosure upon request without rigorous steps and
complications.

Privacy Impact Assessment - Conformity Test Please find the attached file for the Conformity Test
template as part of the Privacy Impact Assessment for your DPA compliance.