Data Privacy Act: Like or Unlike?

With the advent of technology here and there with blinding speeds, and enabling the world to get hooked and connected in an instant, the Philippine Senate approved S.B No. 2965, also known as the "Data Privacy Act of 2011." The bill was modeled after the EU Data Protection Act. Though a handful of proposals from different legislators touching on the same topic had already been made, this particular bill made the buzz from legal scholars, professionals, as well as the media. The main concern was the "timing" of its joint submission - a critical factor to be considered as this was sometime when the Corona Impeachment Trial was in full swing. Initial resistance to the bill and questions on the scope as well as the implementation should it be approved are just of few of the reactions.

The purpose of the bill is to afford people the right to secure data or information collection, use, processing and its storage. It aims to make the people informed and protected in case of breach of notice thereof. To attain this end, the bill proposes the creation of a Commission which is envisioned to be an independent body acting as a "consultant" on matters in regard to the monitoring, compliance and imposition of penalty for the violation of breach of notice in cases where data or information.

This is a humble take on this,...

While the Constitution enshrines the right of the people to be secure in their effects, as well as the provision of the right to privacy in communication against whimsical and illegal seizures and intrusion (Section 2 and 3 of the Bill of Rights),the bill seeks to reinforce this protection by addressing current issues which may be in the "gray areas" now existing due to technology. True, the Constitution already contains the provision for the protection of persons, his/her effects, etc,..., however, a bill is now in order and is necessary where there is presently a black hole on how this protection will actually be afforded. The bill envisions to be a complement and enacting statute that will enable the full force of the law in cases where individuals may find themselves at the mercy of irresponsible technocrats or abuse of control of those who have a upper hand in technology.

As in any other bill, the fear of most people is that it may afford unwanted censorship and closure of all other readily information especially on matters which are of public interest. Likewise, there is a view that this may create a "chilling effect" and thus, stifle the free flow of information. However, upon closer reading of the bill, the scope is quite clear and does not leave a watering hole to the fact that the right and protection afforded now, will still be available. Actually, on inspection of the bill, this may be a tool to fight "irresponsible broadcasting and yellow journalism."

Philippine media has always prided itself of being the most democratic in Asia and the entity that enjoys the longest freedom. However, we are aware of the many breaches as well as abuses that media has, willingly or unwillingly,  created. The bill seeks to enjoin the practice of breach of notice as well as unwanted disclosure of confidential or private data. If media is confident that it operates on the zone of being accountable to what it presents to the public, while protecting rights of individual, then press freedom is nowhere in danger with the passing of this bill.

Protection of our private data is a right. Like the intrinsic need of connecting and communicating, this creates a by product which is sharing of information. By enactment of this bill, this will afford us more security and a semblance of "peace of mind" that entities handling our information is being responsible on the way they handle, use, store, and process these data.

Another advantage of this bill to become a law is on the business aspect. The business community, especially those in the business process outsourcing (BPO) industry is in high hopes to the passing of the same to law. Senator Angara, as main proponent of the bill, strongly believes that this bill will boost more investors in this industry because of the protection to digital information/private data. Looking at the bill, it may actually create more jobs for the Filipinos in this sector and thus contribute to the provision of employment opportunities to most of our countrymen. Imagine, the bill will allow protection of sensitive, private data through imposition of penalty in case of liability and where it warrants.

The bill is not an "end-all-be-all" reference to gray areas created by the ever-changing technology.Sure, there are still loopholes as to i.e. the Commission will monitor compliance and the effectiveness of the imposition of penalty in case of breach. This is not the end; this is only the beginning, the first step, among the many. This bill may just be our baby step towards our goal as a nation to be secured with the data we share in the zone known as the information highway. Data Privacy Act?  Like