Mobile Number Portability Act of 2019
Mobile Number Portability Act of 2019 By: Atty. Arnel D. Mateo and Edielle Anne S. Obnamia, ADM & Partners Data Privacy and Consulting Inc. Republic Act 11202 or the Mobile Number Portability Act (Act), approved by the Philippine President last February 8, 2019, provides for mobile number portability (MNP) which allows mobile subscribers to retain an existing mobile number despite having moved from one mobile service to another, or to change the type of subscription from postpaid to prepaid or vice versa for free. Thus, if your mobile number is locked in with Globe and you want to switch to Smart, you may do so free of charge upon complying with the requirements. Even your handset which is locked-in with a network may be unlocked upon request. Aside from that, the law mandates the non-imposition of interconnection fees and charges in domestic calls and SMS. The Act promotes data portability, which is one of the rights of a data subject under the Data Privacy Act. Said right allows the data subject to manage his personal data in his private devise, and to transfer the same from one personal information controller to another. Further, the information collected from the subscriber is subject to the rights of the data subject to erasure and blocking, to rectify, and to access. The principles governing this Act are: consumer welfare and encouragement of competition among mobile service providers. Mobile number portability represents an opportunity to rebalance relationship between mobile service providers and consumers in a vibrant economy and have well-served consumer sector. To achieve this purpose, the law imposes obligations to Public Telecommunication Entities (PTEs). PTEs refer to any authorized public telecommunication entities that offer mobile telecommunication services for a fee. These include PTEs who have their own network infrastructure, i.e. Smart and Globe, including also Virtual Network Operators, who operate under their own brand name, but do not have their own infrastructure and relies on another PTE’s infrastructure; much like TM is with Globe. Under this Act, the following are the specific obligations of PTEs: 1. To provide MNP free of charge and set up mechanism for its implementation; 2. To unlock upon demand and still completely free of charge mobile handsets for those compliant with the requirements of MNP; 3. To provide subscribers information on MNP including its features, process and application and the cutover period of the porting process; 4. To maintain confidentiality of information and adhere to the Data Privacy Act of 2012; and 5. To facilitate the porting of the process not only of their network, but also the porting process of the Virtual Network Operators that they are hosting. In case of violations of the Act, the National Telecommunication Commission (NTC) is authorized to impose fines ranging from P10,000.00 up to P1,000,000.00 and revocation of the PTEs franchise depending on the number of violations committed. NTC can also award the subscriber damages up to P40,000.00.
ADM & Partners reaps awards at 1st Datos Privados
CONGRATULATIONS ADM & PARTNERS DATA PRIVACY AND CONSULTING INC for achieving eight recognitions (out of 11) during the NADPOP'S 1ST DATOS Privados. Congratulations to all other awardees such as PLDT, Microsoft, Unionbank, Quisumbing Torres, Accenture, etc. SILVER AWARDS:1. INSTITUTIONAL: SOLUTIONS PROVIDERS — Data Privacy Solutions Firm: ADM (Sole Awardee) 2. INSTITUTIONAL: SOLUTIONS PROVIDERS — Empowerment & Enablement: ADM (Next to TUV) 3. INDIVIDUAL: EMPOWERMENT & ENABLEMENT — Arnel D. MATEO (Next to Dondi Mapa) BRONZE AWARDS:1. INSTITUTIONAL: FIVE PILLARS (Corporate Governance) — ADM and Partners Data Privacy and Consulting Inc. (ADM)2. INDIVIDUAL: FIVE PILLARS (Corporate Governance) — Arnel D. Mateo3. INSTITUTIONAL: SOLUTIONS PROVIDERS — Data Privacy Law Firm: ADM (Tied with Quisumbing Torres) 4. CAMPAIGNS & EVENTS — DATA PRIVACY AWARENESS: 7 Privacy Tips for Data Subjects - ADM (Next to Microsoft) 5. TECHNOLOGY SOLUTIONS: DATA PRIVACY MANAGEMENT — Data Privacy PORTAL - ADM
Summary of the Philippine Identification System Act
Philippine Identification System Act (Republic Act 11055) Summary written by Atty. Arnel D. Mateo, President and CEO of ADM and Partners Data Privacy and Consulting Inc. I. Purposes and Objectives of the law. The purpose of the law is to establish a single national identification system (PhilSys) for all citizens and residents of the Philippines. It aims to achieve the following: 1. to promote seamless delivery of services, 2. to improve the efficiency, transparency, and targeted delivery of public and social services; 3. to enhance administrative governance; 4. to reduce corruption and curtail bureaucratic red tape; 5. to avert fraudulent transactions and misrepresentations; 6. to strengthen financial inclusion; 7. to promote the ease of doing business. The objective of the law is to establish a valid proof of identity as a means of simplifying public and private transactions. It seeks to eliminate the need to present other forms of identification when transacting with the government and the private sector. The PhilID shall be honoured and accepted, subject to authentication, in all transactions requiring proof or verification of citizens or residents aliens identity. II. To whom shall the PhilID be issued. Under the law, a PhilID shall be issued to all citizens or residents aliens registered under the PhilSys. III. Contents of the PhilID. The PhilID will contain the following: 1. PhilSys Number (PSN) 2. Full name 3. Sex 4. Blood type 5. Marital status (optional) 6. Place of birth 7. Front facing photograph 8. Date of Birth 9. Address 10. QR Code which contains fingerprint information Mobile and email information are optional. IV. Fees. The issuance and renewal of PhilID for citizens shall be free of charge. V. Registration is required. Every citizen or resident alien shall register personally with the registration centers enumerated under the law and other government agencies as may be assigned by the Philippine Statistics Authority (PSA). VI. Unlawful disclosure of information. Disclosure of information of persons registered with the PhilSys is prohibited. It can only be disclosed under the following circumstances: 1. Consent is given by the registered person specific to the purpose prior to processing; 2. Compelling interest of public health or safety so requires upon order of a competent court; 3. When authorized or required by law. VII. Implementation of Security measures. The PSA shall implement reasonable and appropriate organizational, technical, and physical security measures to ensure that the information gathered for the PhilSys, including information stored in the PhilSys Registry, is protected from unauthorized access, use, disclosure and against accidental or intentional loss, destruction or damage. VIII. Violations and Penalties: Violation Penalty Refusal to accept, recognize/acknowledge PhilID or PSN Fine of P500,000.00 Unlawful utilization of PhilID or PSN or use to commit fraudulent act Imprisonment of 6months to 2years or a fine of P50,000.00 to P500,000.00 Wilful submission of causing to be submitted a fictitious name or false information in the application, renewal, or updating in the PhilSys by any person Imprisonment of 3years to 6years and a fine of P1,000,000.00 to P3,000,000.00 Unauthorized printing, preparation, or issuance of a PhilID by any person Wilful falsification, mutilation, alteration or tampering of the PhilID by any person Unauthorized possession of a PhilID or possession of a fake, falsified or altered PhilID Wilful transfer of the PhilID or the PSN to any other person Collection or use of personal data in violation of Section 12 (requirements for authentication) Imprisonment of 6years to 10years imprisonment and a fine of P3,000,000.00 to P5,000,000.00 Use or disclosure of data in violation of Section 17 (unlawful disclosure) Unauthorized access of PhilSys or unauthorized processing of data Malicious disclosure of data or information by officials, employees or agents who have custody or responsibility of maintaining the PhilSys Imprisonment of 10years to 15years and fine of P5,000,000.00 to P10,000,000.00 Negligence of officials, employees or agents who have custody or responsibility of maintaining the PhilSys thereby facilitating unauthorized access. Imprisonment of 3years to 6years and fine of P1,000,000.00 to P3,000,000.00
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Hi Privacy Professionals and Advocates!
We are happy to announce that ADM & Partners will be having its 1st webinar entitled: Data Privacy Check-up (Your Guide to Achieve Compliance) on June 4 & 5, 2020 from 1 PM to 3 PM via ZOOM.
Join us, raise your awareness and let's plan your next steps.
Your Data Privacy Partner,
ADM & Partners Data Privacy and Consulting, Inc.