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the dpa and gdpr compliance Leandro angelo Y. aguirre Deputy privacy commissioner PROPERTY OF THE NATIONAL PRIVACY COMMISSION

the dpa COMMISSION · Appointing a dpo Controllers and processors should designate a data protection office (or, for controllers and processors not established in the Union, a data

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Page 1: the dpa COMMISSION · Appointing a dpo Controllers and processors should designate a data protection office (or, for controllers and processors not established in the Union, a data

the dpaand gdprcompliance

Leandro angelo Y. aguirreDeputy privacy commissioner

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

Page 2: the dpa COMMISSION · Appointing a dpo Controllers and processors should designate a data protection office (or, for controllers and processors not established in the Union, a data

in The transportation and logistics industry, value is created through service customization

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

Page 3: the dpa COMMISSION · Appointing a dpo Controllers and processors should designate a data protection office (or, for controllers and processors not established in the Union, a data

Scope of the gdpr

Protection of natural persons with regard to the processing of personal data and on the free

movement of such data

Directly effective in EU Member States & require no further

enactment by the parliaments PROPERTY OF THE NATIONAL PRIVACY COMMISSION

Page 4: the dpa COMMISSION · Appointing a dpo Controllers and processors should designate a data protection office (or, for controllers and processors not established in the Union, a data

Extraterritorial Scope

When an organization is processing Personal Data in the

context of the activities of an establishment in the EU

Non-EU organizations processing personal data of

data subjects in the EU

All diplomatic establishments of EU member states located all over the world

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

Page 5: the dpa COMMISSION · Appointing a dpo Controllers and processors should designate a data protection office (or, for controllers and processors not established in the Union, a data

What does the gdprrequire from this sector?

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

Page 6: the dpa COMMISSION · Appointing a dpo Controllers and processors should designate a data protection office (or, for controllers and processors not established in the Union, a data

Accountability principle

Demonstrate their compliance with the

principles of processing of personal data

Implement appropriate technical

and organizational measures to ensure

compliance

Integrate data protection into their processing

activities

Organizations/ businesses are required to:

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

Page 7: the dpa COMMISSION · Appointing a dpo Controllers and processors should designate a data protection office (or, for controllers and processors not established in the Union, a data

The controller shall use only processors providing sufficient guarantees

Designation of a Data Protection

Officer (DPO)

Privacy by Design

Adequacy Status

Records of Processing Activities

Measures to demonstrate compliance and to implement data protection

Data Protection Impact Assessment

(DPIA)

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

Page 8: the dpa COMMISSION · Appointing a dpo Controllers and processors should designate a data protection office (or, for controllers and processors not established in the Union, a data

Similarities between the gdpr and the dpa and its related issuances

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

Page 9: the dpa COMMISSION · Appointing a dpo Controllers and processors should designate a data protection office (or, for controllers and processors not established in the Union, a data

purpose

To protect fundamental rights and freedoms of natural persons and in

particular their right to the protection of personal data

To safeguard the fundamental right of every individual to privacy

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

Page 10: the dpa COMMISSION · Appointing a dpo Controllers and processors should designate a data protection office (or, for controllers and processors not established in the Union, a data

purpose

To enable the free movement of personal data within the Union

To ensure the free flow of information for innovation, growth, and national

developmentPROPERTY OF THE NATIONAL PRIVACY COMMISSION

Page 11: the dpa COMMISSION · Appointing a dpo Controllers and processors should designate a data protection office (or, for controllers and processors not established in the Union, a data

Rights of a data subject

The right to object

The right to information

The right to erasure

or blocking

The right to access

The right to rectification

The right to data portability

The right to damages

The right to file a complaintPROPERTY OF THE NATIONAL PRIVACY COMMISSION

Page 12: the dpa COMMISSION · Appointing a dpo Controllers and processors should designate a data protection office (or, for controllers and processors not established in the Union, a data

coverage

• Natural persons within the EU• EU citizens whose data are processed abroad

for the purpose of offering goods and services in the EU

• Extraterritorial application

• Natural persons within the PH• Filipino citizens outside the PH• Extraterritorial application

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

Page 13: the dpa COMMISSION · Appointing a dpo Controllers and processors should designate a data protection office (or, for controllers and processors not established in the Union, a data

coverage

• Personal Data• Special categories of personal data• Data controllers and data processors

• Personal Information • Sensitive Personal Information • Personal Information Controllers and

ProcessorsPROPERTY OF THE NATIONAL PRIVACY COMMISSION

Page 14: the dpa COMMISSION · Appointing a dpo Controllers and processors should designate a data protection office (or, for controllers and processors not established in the Union, a data

Bases for processing personal information

• Consent• Contract• Legal Obligation• Protection of Vital Interests• Exercise of Public Authority

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

Page 15: the dpa COMMISSION · Appointing a dpo Controllers and processors should designate a data protection office (or, for controllers and processors not established in the Union, a data

Bases for processing sensitive personal information

• Consent• Legal Obligation • Protection of Vital

Interests• Legitimate activities of

non-profits • Public data• Court proceedings • Substantial Public

Interest

• Medical Treatment • Archiving for Scientific or

Historical research or statistical research

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

Page 16: the dpa COMMISSION · Appointing a dpo Controllers and processors should designate a data protection office (or, for controllers and processors not established in the Union, a data

Appointing a dpoControllers and processors should

designate a data protection office (or, for controllers and processors not established

in the Union, a data protection “representative in the Union.”

All controllers and processors should designate an individual/s accountable for

compliance. PROPERTY OF THE NATIONAL PRIVACY COMMISSION

Page 17: the dpa COMMISSION · Appointing a dpo Controllers and processors should designate a data protection office (or, for controllers and processors not established in the Union, a data

Privacy impact assessment

Controller should carry out an assessment of the impact of processing operations on

the protection of personal data.

A privacy impact assessment should be carried out for every processing system that involves personal data.

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

Page 18: the dpa COMMISSION · Appointing a dpo Controllers and processors should designate a data protection office (or, for controllers and processors not established in the Union, a data

difference between the gdpr and the dpa and its related issuances

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

Page 19: the dpa COMMISSION · Appointing a dpo Controllers and processors should designate a data protection office (or, for controllers and processors not established in the Union, a data

sanctions

Administrative fines of up to 20 million euros or 4% of annual worldwide turnover,

whichever is higher.

Fines and Imprisonment

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

Page 20: the dpa COMMISSION · Appointing a dpo Controllers and processors should designate a data protection office (or, for controllers and processors not established in the Union, a data

We are with you every step of the way

We are involved in the efforts to modernize Convention No. 108

as well as the different draft guidelines that the Council of

Europe is discussing.

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

Page 21: the dpa COMMISSION · Appointing a dpo Controllers and processors should designate a data protection office (or, for controllers and processors not established in the Union, a data

We are with you every step of the way

NPC is accredited by the ICDPPC.

PH is now a member of the GPEN.PROPERTY OF THE NATIONAL PRIVACY COMMISSION

Page 22: the dpa COMMISSION · Appointing a dpo Controllers and processors should designate a data protection office (or, for controllers and processors not established in the Union, a data

We are with you every step of the way PH is now a member of the

APPA.

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

Page 23: the dpa COMMISSION · Appointing a dpo Controllers and processors should designate a data protection office (or, for controllers and processors not established in the Union, a data

We are with you every step of the way We are currently seeking

membership in the APEC CBPR System. One of the concrete steps we have taken is the

NPC’s participation in CPEA.PROPERTY OF THE NATIONAL PRIVACY COMMISSION

Page 24: the dpa COMMISSION · Appointing a dpo Controllers and processors should designate a data protection office (or, for controllers and processors not established in the Union, a data

We are with you every step of the way

Legislative Liaisons:

National I.D. Mobile # Portability

SIM Card Registration

Privacy of Communications

Amendment of Cybercrime Law

PROPERTY OF THE NATIONAL PRIVACY COMMISSION

Page 25: the dpa COMMISSION · Appointing a dpo Controllers and processors should designate a data protection office (or, for controllers and processors not established in the Union, a data

facebook.com/privacy.gov.ph

[email protected]

twitter.com/privacyPH

PROPERTY OF THE NATIONAL PRIVACY COMMISSION