S.A 2020/21 B.E CRIMINAL LAW | Question #07

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 SUGGESTED ANSWERS TO THE 2020/21 BAR EXAMINATIONS IN CRIMINAL LAW 




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The head of a big company's human resources division copied and shared an employee's physical and email address, birthdate, civil status, and some photos with a friend who found the employee attractive.

Did the head of the human resources division commit a crime? Explain briefly. 

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SUGGESTED ANSWER: 


Yes, the head of the human resources division violated Republic Act No. 10173 or the Data Privacy Act of 2012 for the unauthorized disclosure of personal information and sensitive personal information.

Sec. 32 of R.A. No. 10173 provides that any personal information controller or personal information processor or any of its officials, employees or agents, who discloses to a third party personal information or sensitive personal information without the consent of the data subject shall commit the offense of unauthorized disclosure.

In this case, the head of the human resources division of the company is an officer of a personal information controller/processor and they disclosed the personal and sensitive personal information of the employee to a friend who is a third party. The data pertaining to the employee’s physical and email address, birthdate, civil status, and photos constitute personal information and sensitive personal information as these would disclose the identity of the employee and provide information on her age, marital or civil status and contact addresses. 


Code: S.A 2020/21 B.E CRIMINAL LAW | Question #07 


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