Philippine Bar review · Question

Practice question: Processing of Personal Information

Multiple Choice Hard

Practice question

A clinic lawfully processes diagnoses under the medical-treatment exception with adequate safeguards. Later it proposes disclosing named diagnoses to an advertiser for an unrelated campaign. There is no purpose-specific consent, other Section 13 exception, or other lawful authorization for that disclosure. The clinic relies solely on its original treatment basis. Which conclusion is correct?
  1. The treatment basis does not authorize the proposed unrelated advertising disclosure
  2. Every medical-treatment record becomes public after the first visit
  3. The original lawful collection grants unlimited downstream use
  4. Advertising is automatically medical treatment
  5. The absence of consent is irrelevant because health records are ordinary nonsensitive data

Legal references

  • Republic Act No. 10173, Data Privacy Act of 2012: https://privacy.gov.ph/data-privacy-act/; Sections 3(l), 11(a) and 13.

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