Go liable for violation of Data Privacy Act?

MANILA, Philippines — The National Privacy Commission (NPC) and the Coordinating Council of Private Educational Associations or COCOPEA said Gabriel Go, who heads the Metropolitan Manila Development Authority (MMDA) special operations group-strike force, could face charges for violating data privacy laws.

NPC deputy privacy commissioner Jose Amelito Belarmino said Go may have violated provisions of Republic Act 10173, or the Data Privacy Act, when he uploaded a video of his encounter with the teacher without the latter’s consent.

“If the person objects to the uploading, then there could be a potential violation, especially if the uploader could not justify his action,” Belarmino told ABS-CBN.

Belarmino, a lawyer, said it does not matter if the teacher’s face was blurred in the video, for as long as he did not consent to the video being uploaded online.

Joseph Noel Estrada, COCOPEA managing director and legal counsel, said blurring the face of the teacher does not shield Go from violating the law as “blurring constitutes pseudonymization, not anonymization.”

“Because the process is often reversible and the people remain identifiable through context or original files, the blurred footage is still legally classified as personal information. Consequently, the core principles of data privacy – transparency, legitimate purpose and proportionality – must still be strictly observed,” Estrada said.

Go’s critics claimed he posted the video on his personal social media account.

If the MMDA’s purpose is to educate the public about obeying traffic rules, Belarmino said the agency could have instead posted instructional videos on its social media accounts.

The MMDA has barred Go from joining clearing operations while an investigation is ongoing.

Last year, Go was criticized by the National Police Commission for berating a police captain over a parking violation in Quezon City.