NPC conducts on-site compliance checks to guarantee data privacy

MANILA – The National Privacy Commission (NPC) have started the “on-set compliance check visits” on establishments in both private and public sectors to guarantee their compliance with the Data Privacy Act of 2012 (DPA).

The NPC, in a statement on Wednesday, said the on-site visits started in March to identify whether personal information controllers (PIC) and personal information processors (PIP) “can demonstrate organizational commitment, program controls, and review mechanisms” to assure privacy and data protection.

These PICs and PIPs cover a range of establishments and sectors, including media companies, hotels, courier services, schools, government agencies, and local government units.

“On-site visits, along with privacy sweeps and the submission of relevant documents, are aligned with NPC Circular No. 18-02 providing the guidelines on the conduct of compliance checks,” the NPC said.

Authorized NPC staff will perform a targeted inspection of the PIC or PIP’s premises during an on-site visit, including the presentation of relevant papers or records, organization inspection of selected relevant departments, and interview.

“Upon the conclusion of the on-site visit, the NPC personnel will present their findings and determine whether the PIC or PIP has deficiencies that needed to be addressed,” the NPC said.

The PICs or PIPs will send a commitment letter to the NPC expressing their intention to comply within a timeline in case of a deficiency.

“If such deficiencies had been adequately addressed or if the findings exhibit no substantial deficiencies, the NPC shall issue a Certificate of No Significant Findings in favor of the PIC or PIP,” the NPC said.

According to Privacy Commissioner John Henry Naga, these on-site visits are opportunities for PICs and PIPs to have the NPC guide them with “effective compliance with the DPA and prevent mishandling of personal data.”

“We, at the NPC, firmly believe that PICs and PIPs should not only comply and submit documents in accordance with the DPA but must also recognize their vital role in upholding and protecting data subject rights,” Naga said.

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