Practice question
A company invokes Section 12(f) to process ordinary customer data for a commercial interest. Assume the proposed processing is otherwise within the Act. An assessment establishes that the interest is overridden by the customers' fundamental constitutional rights and freedoms requiring protection, and no other lawful basis applies. The company argues that naming any legitimate interest ends the inquiry. Which answer is correct?
- Commercial interest automatically overrides every privacy right
- The company may process because only public entities must respect Section 12(f)
- The assessment is irrelevant whenever data are stored electronically
- The asserted basis fails because Section 12(f) expressly preserves the overriding-rights limitation
- The company may cure the problem simply by renaming the database
Legal references
- Republic Act No. 10173, Data Privacy Act of 2012: https://privacy.gov.ph/data-privacy-act/; Section 12(f).
Answer this question in flashcards to review your response and continue practicing.