Philippine Bar review · Question

Practice question: Personal vs. Sensitive Personal Information

Multiple Choice Hard

Practice question

A database links a named person to a pending criminal complaint and the scheduled proceedings. No guilt finding exists. Its controller argues that the offense-proceeding information cannot be sensitive until conviction because the presumption of innocence remains. Assess only data classification, not guilt or permission to process.
  1. Presumption of innocence removes every privacy classification.
  2. Only a final conviction is mentioned in the definition.
  3. Section 3(l) expressly includes proceedings for an offense alleged to have been committed; classification does not adjudicate guilt.
  4. The controller may declare guilt to create a lawful basis.
  5. A pending case is never information about the named person.

Legal references

  • Republic Act No. 10173, Section 3(g), (k) and (l): https://lawphil.net/statutes/repacts/ra2012/ra_10173_2012.html

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