NPC issues guidelines for personal data processing in legal proceedings
PASAY CITY, 14 August 2024 - The National Privacy Commission (NPC) released the guidelines on personal data processing based on Section 13 (f) of the Data Privacy Act of 2012 (DPA). The NPC Advisory No. 2024-02, dated August 12, 2024, clarifies the application of this provision as basis for processing personal data.
Section 13 (f) of the DPA allows the processing of sensitive personal information and privileged information when necessary for the protection of lawful rights and interests of natural or legal person in court proceedings or the establishment, exercise or defense of legal claims, or when provided to government or public authority.
Privacy Commissioner Atty. John Henry D. Naga stated that the DPA is designed to balance the need for data processing by public authorities with the protection of data subject rights, “While the protection of personal data is a fundamental right, we recognize that there are instances where processing such data is essential for upholding justice and the rule of law. These guidelines are designed to ensure that personal data is handled responsibly, and that the data subject rights are protected throughout the process.”
Under Section 3 of the NPC Advisory No. 2024-02, processing personal data under Section 13 (f) of the DPA may be considered legitimate interest under Section 12 (f) of the DPA, which is lawful basis for processing personal information. Personal information controllers (PICs) must fulfill the requisites for processing personal information outlined in NPC Circular 2023-07 or the Guidelines on Legitimate Interest.
Section 4 of the Advisory mandates that data processing shall be adequate, relevant, suitable, and not excessive in relation to the specified purpose and must be within the limitations of the law.
Individuals whose data is processed under Section 13 (f) of the DPA must be informed about the processing activity, including its nature, purpose, and extent, when they receive legal documents containing their personal data, following the applicable rules of procedure on summons of service.
For more information, access the Advisory here.
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