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Personal Information Refers To Any Information Whether Recorded in A Material Form or Not

The document discusses a request for personal information from a researcher that is prohibited under the Data Privacy Act. It notes that personal and sensitive personal information is protected and processing requires consent. For minors, consent from parents is needed. The request was for excuse letters from students that could contain sensitive health information. While research is allowed, the letters were collected from others and processing without consent is prohibited. The document concludes that the request cannot be granted without first obtaining consent from the minor students' parents.

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83 views1 page

Personal Information Refers To Any Information Whether Recorded in A Material Form or Not

The document discusses a request for personal information from a researcher that is prohibited under the Data Privacy Act. It notes that personal and sensitive personal information is protected and processing requires consent. For minors, consent from parents is needed. The request was for excuse letters from students that could contain sensitive health information. While research is allowed, the letters were collected from others and processing without consent is prohibited. The document concludes that the request cannot be granted without first obtaining consent from the minor students' parents.

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Copyright
© © All Rights Reserved
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Based from the Privacy Act Maam Dee, this request is not allowed.

1. Under the Data Privacy Act:

Personal information refers to any information whether recorded in a material form or not,
from which the identity of an individual is apparent or can be reasonably and directly ascertained by
the entity holding the information,

Sensitive personal information refers to personal information: (1) About an individual’s race,
ethnic origin, marital status, age, color, and religious, philosophical or political affiliations; (2) About
an individual’s health, education, genetic or sexual life of a person, or to any proceeding for any
offense committed or alleged to have been committed by such person, the disposal of such
proceedings, or the sentence of any court in such proceedings.

In this case po Maam Dee, the researcher is asking the personal Information of the child. Further,
the requested excuse letters submitted by the learners might contain sensitive personal information
about the child most especially concerning his or her health.

Under the Data Privacy Act, the person requesting for the processing of one’s personal information
must comply at least one of the conditions:

1. The data subject must give his or her consent;


2. The processing of the personal information is necessary and related to the fulfillment of
contract entered by the person requesting and the data subject;
3. The processing is necessary in order to comply with a legal obligation to which the controller
is subject;
4. The processing is necessary to protect the interest of the data subject;
5. The processing is necessary to respond to national emergency;
6. The processing is necessary for the legitimate interest pursued by a third party to whom the
data shall be given.

On the other hand, the processing of sensitive personal information is prohibited unless the data
subject has given his or her consent.

In this case, there is a need to obtain the consent of the parents considering that the data subjects are
still minors po.

2. Moreover, under Section 5 of the said law, it provides that the rules shall not apply if the
personal information will be processed or used for research purpose.

To add, Section 20. General Principles for Data Sharing provides that the processing of personal data that is
collected other from the data subject is only allowed if the personal data is publicly available or has the
consent of the data subject for purpose of research.

Based from the abovementioned provisions, the excuse letters requested by the researcher cannot be
disclosed considering that there is a need first to obtain the consent of the minor-children, through
their parents.

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