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By Ike Suarez, Correspondent
Significant segments of the Philippine IT sector
have taken the first step to press Congress to enact a data privacy
and security law, it was learned by Tech Times.
Preliminary results among these segments’
members show strong preference for creation of an office of Privacy
Commissioner, a government body to protect data privacy rights,
according to a report by the Business Processing Association of the
Philippines (BAP) external affairs Executive Director Cathy Ileto.
“BPAP in partnership with the CICT and DTI are
currently working on a position paper, and later a draft bill that
will address the industry issues concerning data privacy and
security,” said an explanatory note by Ileto accompanying a copy
of the report e-mailed this reporter.
CICT refers to the Commission on Information and
Communications Technology, the government agency responsible for the
country’s IT policies, while DTI refers to the Department of Trade
and Industry.
The Data Privacy Technical Working Group with
representatives from the public and private sectors—Bureau of
Internal Revenue, Philippine Internet Commerce Society (PICS), Chief
Information Officers, professional association of government CIOs,
along with BPAP, CICT, and DTI—did the survey, according to the
e-mail by Ileto.
Very strong support exists for vesting in the
proposed office of the Privacy Commissioner, “the power to
investigate, prosecute, and resolve violations of data privacy,
which includes the power to impose fines and damages, as well as to
publicize violations of privacy,” said the report.
It added that respondents also strongly
supported criminalization of data privacy rights violations.
Atty. Claro Parlade, a lawyer who enages in
cyberlaw practice locally wrote the report. The Data Privacy
Technical Working Group assigned to his law firm Parlade, Hildawa,
Parlade, Eco, and Panga Law Offices, the actual field work for the
survey.
Atty. Parlade, currently in Sydney, told Tech
Times via e-mail that 79 percent of respondents favored creation of
the post of Privacy Commissioner.
Such a Commissioner should have powers to
investigate privacy violations, according to 94percent of
respondents who also batted for criminalization of such acts.
Atty. Parlade said the survey would guide the
Data Privacy Technical Working Group in crafting a proposed legal
and regulatory framework for data privacy.
Of 100 persons sent survey forms, 70 responded
to the questionnaires with respondents coming from BPAP, IT
Association of the Philippines (ITAP), PICS, and the Americian
Chamber of Commerce.
Survey forms to be sent in the immediate future
to members of other industry and trade groups involved in the
processing and use of large amounts of information.
Some other preliminary results from the
respondents were the following: Privacy regulations should take the
form of a law; Various industries should have self-regulation with
regard to data privacy; Government should impose security standards;
There should be in place a comprehensive set of rules on all usage
of personal information by 3rd parties; And, there should be a law
compelling businesses to report security breaches in information
systems or theft of personal information.
According to Ileto, this time in a telephone
interview with Tech Times, “a data privacy law is needed by the
Philippines in order for the country to sustain its momentum in
becoming a global hub for outsourced e-services.” Adding, “such
would retain the confidence of possible clients from abroad seeking
to hire service providers here.”
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