Consequences of Violating the Data Privacy Act in the Employment Setting: A Question-and-Answer Guide on Philippine Law

Question: What are the consequences if my employer told me that I violated the Data Privacy Act (DPA)?

Answer:

The Data Privacy Act of 2012 (Republic Act No. 10173), commonly referred to as the DPA, provides for the protection of personal information processed by both public and private entities, including employers. Here are the potential consequences if an employee is accused by their employer of violating the DPA:

1. Administrative Sanctions:

If your employer determines that you have violated the company's data privacy policies or the DPA itself, you might face administrative sanctions according to the internal rules and regulations of the company. This can range from a simple reprimand to suspension or even termination, depending on the gravity of the violation.

2. Criminal Penalties:

Under Sections 25 to 33 of the DPA, there are specific acts which, if committed, are considered offenses punishable by fines and imprisonment. For instance, unauthorized processing of personal information or sensitive personal information, accessing these without authorization, and improper disposal, among others, carry penalties of imprisonment and fines.

3. Civil Liability:

If your actions resulted in harm or damage to an individual, you could be held civilly liable and may be required to pay damages.

4. National Privacy Commission (NPC) Involvement:

The NPC is the government agency mandated to enforce the DPA. If a complaint is lodged with the NPC, they may conduct an investigation. If found liable, the NPC can impose cease and desist orders, orders of temporary or permanent ban on the processing of personal data, and financial penalties on top of criminal charges.

5. Effect on Professional Reputation:

Being found in violation of the DPA can harm your professional reputation, making it challenging to find similar employment in the future, especially in roles that require handling of personal data.

Conclusion:

Violating the Data Privacy Act within an employment setting can lead to serious consequences. It's crucial for employees to familiarize themselves with the provisions of the DPA and their company's data privacy policies. If you've been accused of such a violation, it would be prudent to consult with a legal expert to understand your rights and potential defenses.

Disclaimer: This article is intended for informational purposes only and should not be construed as legal advice. Consult a legal expert for advice specific to your situation.