DATA PRIVACY ACT OF 2012

IN HIGHER EDUCATION INSTITUTIONS

by Estrada & Aquino Law
 He who holds the
information, holds the power

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DATA PROTECTION
The State through the Data Privacy Act provides the safeguards
to privacy of information of individuals in school environment

!
STUDENTS EDUCATORS SCHOOL
PERSONNEL

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Is there a “Right to Privacy” in the 1987
Constitution?
expressly provide for Right to Privacy?
 NO!
The right to privacy is implicit in the Bill of Rights under
the 1987 Constitution. While “right to privacy” is not stated
as one of the fundamental rights, it can be inferred from
several provisions of the Constitution.

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 There are 3 strands to the right to privacy
according to Justice Puno, these are:
1) Locational/Situational;
2) Informational; and
3) Decisional.

Relevant to DPA is the right to

informational privacy, or the right of
individuals to control information about
themselves.
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RIGHTS OF DATA SUBJECT

RIGHT TO BE RIGHT TO
INFORMED ERASURE
RIGHT TO
RECTIFY
RIGHT TO RIGHT TO
ACCESS DAMAGES
RIGHT TO
DATA
PORTABILITY
RIGHT TO RIGHT TO FILE
OBJECT COMPLAINT

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ACADEMIC FREEDOM

While privacy rights are enjoyed

by students and teachers like all citizens,
it should be harmonized and
limited by the HEIs’ exercise of its
constitutionally
guaranteed academic freedom.

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HEIs relationships are essentially governed by contracts.
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HOW DOES DATA PRIVACY AFFECT
SCHOOLS?
ABC University has a bad practice of
storing its student records. One day,
papers were blowing around in the
wind beside a garbage container. A
student, seeing the papers, grabbed
some out of curiosity.
The Student read information about
th
Joseph, a 5 grade student, relating
to his special needs assessment, his
IQ score, psychological assessment
score, behavioral information, and
family history.
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THIS STUDENT AND HIS FRIENDS AFTER MAKING FUN
OF JOSEPH’S MENTAL DEFICIENCY PASSED IT TO
ANOTHER STUDENT (AND SO ON AND SO FORTH).
WITHIN A WEEK, JOSEPH BECAME SUBJECT OF
TAUNTS IN SCHOOL; HE WAS CALLED “DUMB” AND
“RETARD”. BECAUSE OF ABC UNIVERSITY’S POOR
DATA SECURITY PRACTICES, IT LED TO THE DIRECT
HARM OF ONE OF ITS STUDENTS.

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As a matter of fact, this story happened in real
life in the US. Joseph’s story tells us the need
to secure student data and the legal
implications of failing to do so. Applying
Joseph’s case in our jurisdiction, it is likely for
Joseph to have a cause of action under DPA,
i.e., accessing of sensitive personal
information through negligence.

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HEIS AS PERSONAL INFORMATION CONTROLLER

A personal information controller is a

person or entity that controls
processing or instructs another person
to carry out processing.
STUDENTS AND THEIR PARENTS ENTRUST SCHOOLS WITH THEIR
PERSONAL INFORMATION WITH THE EXPECTATION THAT THIS
INFORMATION WILL BE USED BY THE SCHOOLS

to serve the needs of the

students effectively &
efficiently and

to perform their
function as educational
institutions

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3 KINDS OF INFORMATION

Personal Information Sensitive Personal Information Privileged Information

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PERSONAL INFORMATION
refers to any information whether recorded in a material form or not, from which the
identity of an individual is apparent or can be reasonably and directly ascertained by the
entity holding the information, or when put together with other information would
directly and certainly identify an individual.

NAME ADDRESS

CONTACT
AGE
NUMBER

BIRTHDAY

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Sensitive personal information
(1) Race, ethnic origin, marital status,
age, color, and religious,
philosophical or political
affiliations;
(2) health, education, genetic or
sexual life of a person, or court
proceedings;

(3) Issued by government agencies

peculiar to an individual (social
security numbers, previous or
current health records, licenses or
its denials, suspension or
revocation, and tax returns) and
(4) established by an executive order
or an act of Congress
Juan Dela Cruz
BA COMM - 1ST YEAR
Privileged information refers to any and all forms of
data which under the Rules of Court and other
pertinent laws constitute privileged communication.

SPOUSAL LAWYER- DOCTOR- PENITENT - PUBLIC

PRIVILEGE CLIENT PATIENT CLERGY OFFICE
PRIVILEGE PRIVILEGE PRIVILEGE PRIVILEGE
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 This has limited application to HEIs.
An example of this is information collected by
medicine students under clerkship program rotating
in the hospitals as part of completion of the program.
HERE ARE SOME OF THE USUAL INFORMATION PROCESSED IN
in ourSCHOOLS
OUR schools and
ANDtheTHE
offices in charge:
OFFICES IN CHARGE:

GUIDANCE OFFICE AND

ADMISSIONS
STUDENT AFFAIRS
OFFICE
OFFICE-
CLOUD COMPUTING
HR
SERVICES/ ONLINE
DEPARTMENT:
CLASS
CAREER
REGISTRAR PLACEMENT AND
ALUMNI OFFICE

© 2015 YOUR COMPANY OR PROJECT 23

REQUIREMENTS
OF THE DPA IN
PROCESSING
INFORMATION

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 General Principles of Data Processing

TRANSPARENCY LAWFUL PROPORTIONALITY

The data subject must be aware of the
nature, purpose, and extent of the
processing of his or her personal data,
including the risks and safeguards involved.
The processing of information The processing of information
shall be compatible with a shall be adequate, relevant,
declared and specified purpose suitable, necessary, and not
which must not be contrary to excessive in relation to a
law, morals, or public policy. declared and specified
purpose. 25
 GENERAL PRINCIPLES GOVERNING COLLECTION,
PROCESSING, AND RETENTION OF PERSONAL INFORMATION

Fair and Lawful

RETENTION
Personal data shall be Personal Data shall not be
processed fairly and lawfully. retained longer than necessary.

2 4

1 3 5

CONSENT DATA QUALITY SAFETY MEASURES

In order for a data subject to give an
data must always be Any authorized further
accurate or must be rectified processing shall have adequate
informed consent as to the collection in case of inaccuracy.
and processing of his personal data, he safeguards.
must be informed about the extent and
purpose of processing. 26
DATA RETENTION
HOW LONG IS THE RETENTION?
Retention of personal data shall only for as long as
necessary:

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The importance of
incorporating policies
related to Data Privacy
to our student
handbooks and faculty
and administrative
manuals cannot be
overemphasized..
HEIS’ RELATIONSHIP WITH ITS STUDENTS AND
PERSONNEL IS ESSENTIALLY CONTRACTUAL.

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The contract documents comprise all forms, rules
and regulations, including manuals and handbooks.
Handbooks contain everything from the school’s
philosophy, stated purpose, to enumeration of
prohibited actions.
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Once a school handbook or manual is adopted by the
education community, courts do not usually look into
the details and circumstances how students and
teachers agree on the specific provisions. This is one of
the peculiarities of education.
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WALANG BASAGAN NG

FIELD TRIP
MANDATORY
DRUG
TESTING
vs.
RANDOM
DRUG
TESTING
ESTRADA & AQUINO LAW | www.estradaaquino.com
Catholic and Religious schools, the largest
component of non-government education
in the Philippines.
Legal problems have
undergone many
changes.
We live in a litigious society.
Complaints against schools are
brought into the legal system.
And even the
media.
Era where
deregulation is a
popular mantra.
Salary Increase for Teachers
Any questions?
You can reach me at:
email: jnme@estradaaquino.com
Mobile: 09998817412
Land line: (02) 534 81 66
www.estradaaquino.com
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