JFC laments non-implementation of Data Privacy Act

MANILA, Philippines - Foreign business groups said the Philippines’ first data privacy law remains a “piece of paper” after nearly three years of its passing.

In a statement over the weekend, the Joint Foreign Chambers (JFC) said the Data Privacy Act of 2012 that should protect individual personal information in information and communications systems in the government and private sector has continued to be in its dormant state due to the government’s failure to create a National Privacy Commission.

“The laudable potential impact of the law on the country and the information technology-business process outsourcing industry, however, has been nullified because the government has not created the National Privacy Commission which would draft and issue the vital Implementing Rules and Regulations needed for the law’s implementation,” the business groups said.

“The IRR is needed to provide the clear guidelines on dealing with data breaches, establishing data breach policies and response protocols and crafting safety standards, among others,” the JFC added.

The JFC said Republic Act No. 10173 which became law on Sept. 8, 2012 mandates the creation of the National Privacy Commission to administer and implement the provisions of law and to monitor and ensure compliance with international standards for data protection.

As a landmark legislation, the coalition said the Data Privacy Law is key to securing urgently needed investments in the country’s still booming IT-BPM-KPM industry by addressing investor concerns about the lack of protection of personal data.

The IT-BPM-KPM industry, the main driver of growth in the services industry, is expected to earn $21.3 billion this year and employ some 1.2 million Filipinos.

“We therefore call on the Aquino Administration to create the National Privacy Commission under the Office of the President or under the DOST now. This commission’s main task is to monitor the implementation of the Data Privacy Law. Once the Department of Information and Communications Technology is finally formed, the National Privacy Commission can be moved under that roof,” the JFC said.

The JFC is a coalition composes of the American, Australian-New Zealand, Canadian, European, Japanese and Korean Chambers of Commerce in the Philippines as well as the Philippine Association of Multinational Companies Regional Headquarters.

The groups combined represent over 3,000 member companies engaged in over $230 billion worth of trade and some $30 billion worth of investments in the Philippines.