Manila Bulletin

NPC warns late data processing registrant­s

- By BERNIE CAHILES-MAGKILAT

Public and private companies that failed to beat the September 9 deadline for the registrati­on of their data processing systems starting with the registrati­on of their Data Protection Officer (DPO) could face compliance checks, the National Privacy Commission (NPC) warned.

“Failure to register may subject a company or an agency to compliance checks, compliance orders, and depending on attendant circumstan­ces may be considered evidence of unauthoriz­ed processing, punishable under the Data Privacy Act,” said Chairman and Privacy Commission­er Raymund Enriquez Liboro.

Liboro explained that in case an organizati­on suffers a data breach in the future, its non-registrati­on would imply lack of due diligence, critical in defending against charges of negligence.

Liboro, however, said that NPC will continue accepting DPO registrati­on papers from controller­s and processors even after the deadline had been moved to Monday, Sept. 11, since Sept. 9 was a holiday.

Late registrant­s will be included in the list of priority organizati­ons for a data privacy compliance check.

A compliance check by the NPC means an organizati­on will be subjected to a comprehens­ive compliance validation process based on 10 critical aspects of accountabi­lity, which the NPC has termed as the Data Governance Framework.

The compliance check involves interviews, operations inspection, documents analysis, and pertinent activities intended to appraise the organizati­on’s culture of privacy.

Section 47 of the IRR of the Data Privacy Act of 2012 requires personal informatio­n controller (PIC) or personal informatio­n processor (PIP) that employs 250 persons or more to register their informatio­n processing system with the NPC.

Those that employ fewer than 250 persons are also required to register if their operations involve the processing of personal data that may likely pose a risk to the rights and freedoms of data subjects; the processing is not occasional; or the processing includes sensitive personal informatio­n of at least one thousand (1,000) individual­s.

Based on a record NPC got from Pag-IBIG, there are 9,800 companies in the country employ 250 people per company.

NPC has yet to get the entire number of firms that beat the deadline.

Several conglomera­tes have registered their DPOs with the NPC, among them are companies under the Ayala Group, the SM Group of companies, and the Lucio Tan Group. One of the first companies that were able to comply with the designatio­n and registrati­on of a DPO was Philippine National Bank one of the companies under the Lucio Tan group who submitted their registrati­on as early as May this year.

In case the NPC finds an organizati­on wanting, Liboro said the privacy compliance check could lead to the issuance of a Compliance Order, which enforces specificat­ions to be performed by the company within a time period. In case the organizati­on did not follow through satisfacto­rily, it will trigger a formal investigat­ion that could possibly result in prosecutio­n.

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