Practice question
A data subject is incapacitated and cannot exercise the applicable Section 16 rights. A lawful assignee invokes those rights within the scope of the assignment. The controller refuses solely because the subject is alive, arguing Section 17 works only after death. No other exception applies. Which assessment is correct?
- The stated refusal overlooks the express incapacity-or-inability alternative in Section 17
- No data right may ever be exercised while the subject lives
- Every stranger automatically becomes a lawful assignee
- The controller may cancel the assignment merely by storing data
- Only the controller’s shareholders may invoke the subject’s rights
Legal references
- RA 10173, Data Privacy Act of 2012: https://privacy.gov.ph/data-privacy-act/; Section 17.
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