‘Walang personalan, trabaho lang’

She thought of filing a complaint with the National Privacy Commission, however, she found that before filing a complaint with the NPC, she should first inform, in writing the other party of the privacy violation or personal data breach to allow the said party to address it

Beep. One incoming message from an unknown number +639151234567.

Chloe heard her phone beep and checked to see who sent her a message.

What she saw was —

From : +63915-1234-567

Message : “Ang Masuwerteng Bituin Ngayon ay Ikaw, Chloe Antonette Fajardo! Iclaim ang iyong libreng Iphone at libreng bonus ngayon, i-click lang ang link na ito t1gbituin.com/Masuwerteng Bituin-“
Chloe was flabbergasted and said, “How on earth did a scam message get my name? Well, not just my name, my full name!”

Chloe remembered that under the Data Privacy Act of 2012, her name is considered her personal information which shall not be processed unless one of the following conditions exists:
(a) The data subject has given his or her consent;

(b) The processing of personal information is necessary and is related to the fulfillment of a contract with the data subject or to taking steps at the request of the data subject before entering into a contract;

(c) The processing is necessary for compliance with a legal obligation to which the personal information controller is subject;

(d) The processing is necessary to protect vitally important interests of the data subject, including life and health;

(e) The processing is necessary to respond to national emergency, to comply with the requirements of public order and safety, or to fulfill functions of public authority which necessarily includes the processing of personal data for the fulfillment of its mandate; or

(f) The processing is necessary for the legitimate interests pursued by the personal information controller or by a third party or parties to whom the data is disclosed, except where such interests are overridden by fundamental rights and freedoms of the data subject which require protection under the Philippine Constitution.

None of the items enumerated above is present in the instant case as Chloe never entered into any agreement, sale, or contract with masuwerteng bituin.

She thought of filing a complaint with the National Privacy Commission, however, she found that before filing a complaint with the NPC, she should first inform, in writing the other party of the privacy violation or personal data breach to allow the said party to address it.

Considering Chloe is unsure of whom she will have to address the written information of data privacy violation, she sat and thought of how she is naïve and careless for subscribing and registering to different websites and filling out different types of registration forms.

She sat and said, “Chloe Antonette Fajardo. Pangalan ko talaga? Walang personalan. Trabaho lang.”

This type of situation is not new. This type of situation is faced by millions of Filipinos every single day, the public has to be wary of their daily activities and transactions, and to whom they give out their information — whether it be personal, sensitive personal, or privileged.


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