Pangutana: Ang pag-post ba sa social media sa school card sa imong anak violation sa Data Privacy Act (R.A. No. 10173)?
Tubag:
Dili.
Ang posibleng violation mao unta ang Section 31 o 32 sa maong balaod
SEC. 31. Malicious Disclosure. – Any personal information controller or personal information processor or any of its officials, employees or agents, who, with malice or in bad faith, discloses unwarranted or false information relative to any personal information or personal sensitive information obtained by him or her, shall be subject to imprisonment ranging from one (1) year and six (6) months to five (5) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than One million pesos (Php1,000,000.00).
SEC. 32. Unauthorized Disclosure. – (a) Any personal information controller or personal information processor or any of its officials, employees or agents, who discloses to a third party personal information not covered by the immediately preceding section without the consent of the data subject, shall he subject to imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than One million pesos (Php1,000,000.00).
(b) Any personal information controller or personal information processor or any of its officials, employees or agents, who discloses to a third party sensitive personal information not covered by the immediately preceding section without the consent of the data subject, shall be subject to imprisonment ranging from three (3) years to five (5) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than Two million pesos (Php2,000,000.00).
Apan kon klarohon og basa, ang Section 31 ug 32 mo-apply lamang sa usa ka personal information controller o personal information processor.
Ang Personal Information Controller ug Personal Information Processor gi-define sa Section 3 sa maong balaod: Personal information controller refers to a person or organization who controls the collection, holding, processing or use of personal information, including a person or organization who instructs another person or organization to collect, hold, process, use, transfer or disclose personal information on his or her behalf. The term excludes: (1) A person or organization who performs such functions as instructed by another person or organization; and (2) An individual who collects, holds, processes or uses personal information in connection with the individual’s personal, family or household affairs.
Personal information processor refers to any natural or juridical person qualified to act as such under this Act to whom a personal information controller may outsource the processing of personal data pertaining to a data subject.
Kay dili man personal information controller o personal information processor ang ginikanan sa personal information sa ilang anak sama sa school card, dili mo-apply ang balaod kanila.
Alang sa inyong mga pangutanang legal, mahimo kamong mo-text sa 0916-664-7624.