Data Privacy Philippines

In the Philippines, the protection of personal data is governed by the Data Privacy Act of 2012. This law aims to protect the fundamental human right of privacy while ensuring free flow of information to promote innovation and growth. When a loan app threatens to disclose personal information due to non-payment, it potentially violates several provisions of this act.

Key Provisions of the Data Privacy Act

1. Consent Requirement: The Act requires that personal data can only be processed (which includes disclosure) with the consent of the data subject. Consent must be informed, freely given, specific, and an indication of will.

2. Sensitive Personal Information: The Act provides extra protection for sensitive personal information, which includes, among other things, information about an individual's finances. Using this information in a threatening manner can constitute a significant breach.

3. Rights of the Data Subject: Under the Act, individuals have the right to be informed about the nature, purpose, and extent of the processing of their personal data. They also have the right to object to the processing, have incorrect data corrected, and have unreasonable data removed or destroyed.

Actions to Take if Your Data Privacy is Threatened

1. Documentation and Record Keeping: Keep all communication from the loan app that shows they are threatening to expose your information. This documentation will be essential for any legal action or complaint.

2. Formal Complaint: File a formal complaint with the National Privacy Commission (NPC). The NPC is tasked with enforcing the Data Privacy Act and can investigate complaints about violations of data privacy rights.

3. Legal Action: Consult with a lawyer to explore filing a civil or criminal lawsuit against the company for violating your privacy rights under the Data Privacy Act.

4. Public Advisory: Consider making a public statement or advisory about the breach if the app has a significant user base. This can help warn other users about potential privacy issues with the app.

Conclusion

The Data Privacy Act of 2012 provides robust protections against the misuse of personal information in the Philippines. Any threats by a loan app to expose your personal data because of non-payment are not only unethical but also illegal under this law. It's important to take immediate action to protect your rights and to prevent any misuse of your personal information.