MikeLigalig.com

By Lilybeth G. Ison

The House of Representatives passed on third and final reading late Wednesday evening the proposed "Data Privacy Act of 2012" before it went into sine die adjournment.

House Bill 4115, authored by Pasig City Rep. Roman Romulo and Tarlac Rep. Susan Yap, aims to enhance the competitiveness of the country in the international economy as a hub for business process outsourcing (BPO) and promote consumer trust and user confidence in electronic commerce.

It also ensures that personal data in information and communications system in the government and in the private sectors are secured and protected.

HB 4115 provides for the creation of the National Privacy Commission, under the Department of Transportation and Communications (DoTC), which shall administer and implement the provisions of the Act.

It also ensures that the Commission shall, at all times, "safeguard the confidentiality of any personal information that comes to its knowledge and possession."

HB 4115 also exempts members of the Commission or any person acting on their behalf or under their direction, from criminal or civil proceedings for anything done, reported or said in good faith in the performance of their duties.

It also ensures the security of all sensitive personal information maintained by the government through the use of the most appropriate standards recognized by the information and communications technology (ICT) industry and as recommended by the Commission.

The proposed measure also maintains the protection afforded journalists from revealing their sources in the pursuit and publication of related information.

It also penalizes malicious and unauthorized disclosure of personal information.

The Philippine Press Institute (PPI), also known as the National Association of Newspapers which currently lists 71 members nationwide, has always stood by its position that any legislation that infringes on freedom of the press in the pursuit of ethical, responsible and excellent journalism violates the same right -- that no law shall be passed abridging freedom of the press -- that is constitutionally enshrined.

The PPI earlier protested Section 30 of the Senate version of the Data Privacy Act, which extends liability to reporters, writers, presidents, publishers, managers and editors-in-chief involved in the unauthorized publishing of sensitive personal information.

Senator Edgardo J. Angara, principal author of the Senate version of the measure, has emphasized that the Data Privacy Act will not be used to stifle press freedom.

"It was not our intention to penalize the media for doing their job of responsible reporting, only those whose actions were directly behind the release of private information will be held accountable," said Angara, chair of the Senate committee on science and technology.

The said provision, however, was scraped in the House version of the bill.

House Majority Leader and Mandaluyong Rep. Neptali "Boyet" Gonzales II, in a press conference on Thursday, said the said provision was changed in the approved version of the House.

He said only the person who divulged the information would be held liable and not the media.

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