S.A 2020/21 B.E COMMERCIAL LAW | Question #13

 SUGGESTED ANSWERS TO THE2020/21 BAR EXAMINATIONS INCOMMERCIAL LAW | Question No. 13 

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A university refused an award-winning journalist’s request for a copy of a senatorial candidate’s transcript of grades on the ground that it would violate Republic Act No. 10173, or the Data Privacy Act of 2021. The journalist, however, argued that the candidate’s whole life should be subject to scrutiny by the voting public.

Is the university’s position legally tenable? Explain briefly. 

SUGGESTED ANSWER:

The university’s position is not legally tenable. It is true that the senatorial candidate’s transcript of grades relates to education. As such, it may be considered sensitive personal information (Section 3 (l) of the Data Privacy Act). 

However, personal information processed for journalistic purposes is a matter outside the application of the Data Privacy Act (Section 4 (d)). 

Since the senatorial candidate is a public figure and his academic record is relevant to the public debate surrounding his candidacy and there is a public interest in his fitness for public office, this falls squarely within the journalistic exception of the Data Privacy Act. 

Code: S.A 2020/21 B.E COMMERCIAL  LAW | Question #13

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