Terms and Scope

1. Terms

“Commission” – refers to the National Privacy Commission. (Section 3[a], Rule I, IRR of the Data Privacy Act)

“Consent of the data subject” – refers to any freely given, specific, informed indication of will, whereby the data subject agrees to the collection and processing of his or her personal, sensitive personal, or privileged information. Consent shall be evidenced by written, electronic or recorded means. It may also be given on behalf of a data subject by a lawful representative or an agent specifically authorized by the data subject to do so. (Section 3[c], Rule I, Ibid.)

“Data subject” – refers to an individual whose personal, sensitive personal, or privileged information is processed. (Section 3[d], Rule I, Ibid.)

“Data processing systems” – refers to the structure and procedure by which personal data is collected and further processed in an information and communications system or relevant filing system, including the purpose and intended output of the processing (Section 3[e], Rule I, Ibid.)

“Data sharing” – is the disclosure or transfer to a third party of personal data under the custody of a personal information controller or personal information processor. In the case of the latter, such disclosure or transfer must have been upon the instructions of the personal information controller concerned. The term excludes outsourcing, or the disclosure or transfer of personal data by a personal information controller to a personal information pro...

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