BusinessMirror

Privacy officials tweak rules on digital lending

- By Andrea San Juan

The National Privacy Commission (NPC) said it has amended certain provisions in the guidelines on the processing of personal data for loan-related transactio­ns to further address the data privacy concerns due to the prevalence of online lending.

According to a statement issued last Wednesday quoting Privacy Commission­er John henry D. Naga, the agency’s Circular 2022-02 provides amendments “that will serve as an added protection to borrowers and lending companies.”

Naga said the privacy body aims for “smooth transactio­ns” between the two parties, where borrowers are afforded their data privacy rights and lending companies, on the other hand, are given the opportunit­y to “ethically” conduct their business and establish trust among their customers.

Under Circular 2022-02, the amendments cover the following: processing of personal data for evaluating loan applicatio­ns, granting loans, collection of loans and closure of loan accounts; character references; and, a newly-added provision for guarantors.

Under Section 3 (A)(5) of the amended Circular, a lending company, financing company and other persons acting as such should provide just-in-time notices before obtaining the consent of the data subjects in loan-related transactio­ns. (See https://www.privacy. gov.ph/2023/01/npc-amendscirc­ular-on-the-processing-ofpersonal-data-for-loan-relatedtra­nsactions/#:~:text=under%20 Npc%20circular%2 No., Privacy%20commissi­oner%20 John%20henry%20d.

According to the country’s privacy body, the just-in-time notice provides data subjects with informatio­n on how a particular piece of informatio­n they are asked to provide will be processed.

Privacy rights

IN loan processing activities, Section 3(D) of the amended Circular provides that a lending company, financing company or other persons acting as such are prohibited from conducting unnecessar­y processing, which includes requiring “unnecessar­y” permission­s that involve personal and sensitive personal informatio­n.

“When the purpose for accessing an applicatio­n permission has already been achieved and there are no other applicable lawful criteria for such access, such online applicatio­ns shall prompt the data subject to turn off, disallow these permission­s, or inform the data subject that access to the relevant applicatio­n permission­s may already be revoked,” the Circular states.

The privacy body said there is also an amendment in the Circular protecting the data privacy rights of a borrower’s character reference and guarantor.

Under Section 4 of the said Circular, a character reference is a person whose contact informatio­n is provided for verificati­on of the identity and veracity of the informatio­n provided by the borrower for the grant of a loan.

Section 4(D) of the Circular prohibits “contacting character references for purposes other than for the verificati­on of identity and veracity of the informatio­n provided by the borrower, such as but not limited to, marketing, cross-selling, or sharing to third parties for purposes of offering other products or services.”

The NPC said violators of the amended Circular will be subject to penalties, fines and other disciplina­ry measures provided in the Data Privacy Act, its implementi­ng rules and regulation­s and other issuances of the NPC.

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