Dear Atty. Duran-Schulze,
I’m wondering if you can return or destroy any private information under the Data Privacy Act?
Dear Writer,
According to Section 34, Rule VIII on the Rights of Data Subjects under the Implementing Rules and Regulations of Republic Act 10173 or the Data Privacy Act of 2012, Section E on the Right to Erasure or Blocking states that:
“The data subject shall have the right to suspend, withdraw or order the blocking, removal or destruction of his or her personal data from the personal information controller’s filing system.”
This right may be exercised upon discovery and substantial proof of any of the following:
- The personal data is incomplete, outdated, false, or unlawfully obtained.
- The personal data is being used for purpose not authorized by the data subject.
- The personal data is no longer necessary for the purposes for which they were collected.
- The data subject withdraws consent or objects to the processing, and there is no other legal ground or overriding legitimate interest for the processing.
- The personal data concerns private information that is prejudicial to data subject, unless justified by freedom of speech, of expression, or of the press or otherwise authorized.
- The processing is unlawful.
- The personal information controller or personal information processor violated the rights of the data subject.
- Thus, private information may be suspended, withdrawn, blocked, removed, or destroyed pursuant to the Data Privacy Act.
It is essential that the owner of the private information requests for the blocking, removal or destruction from the Data Privacy Officer.
Do you have any further questions that need to be addressed? Talk to our team at Duran & Duran-Schulze Law to know more. You may reach us at (+632) 8478 5826 or +63 917 194 0482 email info@duranschulze.com for more information.
