Philippines
| OVERVIEW |
On January 22, 2008, the Philippines Supreme Court issued a “Resolution” on the Writ of Habeas Data and how it can be used. |
| ENACTED | January 22, 2008 – Supreme Court Issues Resolution. |
| GENERAL PRIVACY LAWS |
Constitution Sections 2 and 3 recognize the right of privacy, including the privacy of communications and correspondence. No general laws regarding data protection and privacy. However, the general right to privacy is recognized by the Philippine Civil Code. In addition, there are data privacy obligations scattered throughout various pieces of legislation, such as the Philippines Philippines Electronic Commerce Act. Furthermore, the Philippine legal system recognizes the validity of confidentiality or non-disclosure clauses in contracts. In January 2008, the Supreme Court of the Philippines issued a new Rule on the Writ of Habeas Data. This rule provides individuals with the legal right and ability to obtain access to his or her personal data. The E-Commerce Law - Republic Act No. 8792 provides for the confidentiality of electronic communications. |
| PERSONAL DATA PROTECTION LAWS AND REGULATIONS | Writ of Habeas Data. The Writ of Habeas Data is a remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party. |
| TYPE OF DATA PROTECTED | Personal Information. |
| WORKPLACE PRIVACY LAWS | No relevant laws on workplace monitoring. |
| TRANSBORDER TRANSFERS | No law relating to the transborder transfer of personal information. |
| FINES AND SANCTIONS | The laws on the Writ of Habeas Data provide for sanctions for government officials and others who refuse to comply with a writ. Violators can be held in contempt of court. |
| OTHER PRIVACY LAWS AND REGULATIONS | Law on Secrecy of Bank Deposits, Republic Act 1405 prohibits the disclosure of or inquiry into deposits with the financial institution. Penalties are provided. |
