PRIVACY POLICY

Puno and Puno Law Offices (“Punolaw”) is a law firm with over sixty (60) lawyers and forty (40) non-legal staff. Punolaw falls within the ambit of Personal Information Controller, as defined in Republic Act No. 10173 known as the Data Privacy Act of 2012 (“DPA”). A Personal Information Controller refers to a person or organization who controls the collection, holding, processing or use of personal information, including a person or organization who instructs another person or organization to collect, hold, process, use, transfer or disclose personal information on his or her behalf. The term excludes: (1) A person or organization who performs such functions as instructed by another person or organization; and (2) An individual who collects, holds, processes or uses personal information in connection with the individual’s personal, family or household affairs.

As a Personal Information Controller, Punolaw is adopting this Privacy Policy in compliance with the DPA, its Implementing Rules and Regulations (“IRR”), and other relevant policies, including issuances of the National Privacy Commission (“Commission”). Punolaw respects and values the data privacy rights of each individual in the firm, our clients, applicants and other individuals who give us their personal information that we process (each a “Data Subject”). Punolaw makes sure that all personal data collected from each Data Subject are processed in adherence to the general principles of transparency, legitimate purpose, and proportionality.

This Privacy Policy does not abandon or replace or diminish the duty of each lawyer in the firm to be bound by the rule on privilege communication in respect of matters disclosed to him or her by a client or a prospective client.

Punolaw may change this policy from time to time by updating it in accordance with subsequent Laws and Implementing Rules and Regulations. The terms of this Privacy Policy apply to all users of this Site. 

 

Definition of Terms

Unless otherwise defined in this Privacy Policy, the capitalized terms used shall have the same meanings as set forth in the DPA, IRR and other issuances of the Commission.

“Act” refers to Republic Act No. 10173, also known as the Data Privacy Act of 2012;

“Commission” refers to the National Privacy Commission;

“Consent of the data subject” refers to any freely given, specific, informed indication of will, whereby the data subject agrees to the collection and processing of his or her personal, sensitive personal, or privileged information. Consent shall be evidenced by written, electronic or recorded means. It may also be given on behalf of a data subject by a lawful representative or an agent specifically authorized by the data subject to do so;

“Data subject” refers to an individual whose personal, sensitive personal, or privileged information is processed;

“Data processing systems” refers to the structure and procedure by which personal data is collected and further processed in an information and communications system or relevant filing system, including the purpose and intended output of the processing;

“Data sharing” is the disclosure or transfer to a third party of personal data under the custody of a personal information controller or personal information processor. In the case of the latter, such disclosure or transfer must have been upon the instructions of the personal information controller concerned. The term excludes outsourcing, or the disclosure or transfer of personal data by a personal information controller to a personal information processor;

“Direct marketing” refers to communication by whatever means of any advertising or marketing material which is directed to particular individuals;

“Filing system” refers to any set of information relating to natural or juridical persons to the extent that, although the information is not processed by equipment operating automatically in response to instructions given for that purpose, the set is structured, either by reference to individuals or by reference to criteria relating to individuals, in such a way that specific information relating to a particular individual is readily accessible;

“Information and communications system” refers to a system for generating, sending, receiving, storing, or otherwise processing electronic data messages or electronic documents, and includes the computer system or other similar device by which data is recorded, transmitted, or stored, and any procedure related to the recording, transmission, or storage of electronic data, electronic message, or electronic document;

“Personal data” refers to all types of personal information;

“Personal data breach” refers to a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise processed;

“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, or when put together with other information would directly and certainly identify an individual;

“Personal information controller” refers to a natural or juridical person, or any other body who controls the processing of personal data, or instructs another to process personal data on its behalf. The term excludes:

1. A natural or juridical person, or any other body, who performs such functions as instructed by another person or organization; or
2. A natural person who processes personal data in connection with his or her personal, family, or household affairs;

 

There is control if the natural or juridical person or any other body decides on what information is collected, or the purpose or extent of its processing;

“Personal information processor” refers to any natural or juridical person or any other body to whom a personal information controller may outsource or instruct the processing of personal data pertaining to a data subject;

“Processing” refers to any operation or any set of operations performed upon personal data including, but not limited to, the collection, recording, organization, storage, updating or modification, retrieval, consultation, use, consolidation, blocking, erasure or destruction of data. Processing may be performed through automated means, or manual processing, if the personal data are contained or are intended to be contained in a filing system;

“Profiling” refers to any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements;

“Privileged information” refers to any and all forms of data, which, under the Rules of Court and other pertinent laws constitute privileged communication;

“Public authority” refers to any government entity created by the Constitution or law, and vested with law enforcement or regulatory authority and functions;

“Security incident” is an event or occurrence that affects or tends to affect data protection, or may compromise the availability, integrity and confidentiality of personal data. It includes incidents that would result to a personal data breach, if not for safeguards that have been put in place;

“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 individual, the disposal of such proceedings, or the sentence of any court in such proceedings;
3. Issued by government agencies peculiar to an individual which includes, but is not limited to, social security numbers, previous or current health records, licenses or its denials, suspension or revocation, and tax returns; and
4. Specifically established by an executive order or an act of Congress to be kept classified.
   
   

Rights of Data Subjects

Subject to the limitations provided in the DPA and its IRR, each Data Subject is entitled to the following rights:

1. Right to be informed.

(a)  The data subject has a right to be informed whether personal data pertaining to him or her shall be, are being, or have been processed, including the existence of automated decision-making and profiling.

(b)  The data subject shall be notified and furnished with information indicated hereunder before the entry of his or her personal data into the processing system of the personal information controller, or at the next practical opportunity:

(1) Description of the personal data to be entered into the system;

(2)Purposes for which they are being or will be processed;

(3) Basis of processing, when processing is not based on the consent of the data subject;

(4) Scope and method of the personal data processing;

(5) The recipients or classes of recipients to whom the personal data are or may be disclosed;

(6) Methods utilized for automated access, if the same is allowed by the data subject, and the extent to which such access is authorized, including meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject;

(7) The identity and contact details of the personal data controller or its representative;

(8) The period for which the information will be stored; and

(9) The existence of their rights as data subjects, including the right to access, correction, and object to the processing, as well as the right to lodge a complaint before the Commission.

2. Right to object.

The data subject shall have the right to object to the processing of his or her personal data, including processing for direct marketing, automated processing or profiling. The data subject shall also be notified and given an opportunity to withhold consent to the processing in case of changes or any amendment to the information supplied or declared to the data subject in the preceding paragraph.

When a data subject objects or withholds consent, the hospital shall no longer process the personal data, unless:

(a) The personal data is needed pursuant to a subpoena;

(b)  The collection and processing are for obvious purposes, including, when it is necessary for the performance of or in relation to a contract or service to which the data subject is a party, or when necessary or desirable in the context of an employer-employee relationship between the collector and the data subject; or

(c)The information is being collected and processed as a result of a legal obligation.

3. Right to Access.

The data subject has the right to reasonable access to, upon demand, the following:

(a) Contents of his or her personal data that were processed;

(b) Sources from which personal data were obtained;

(c) Names and addresses of recipients of the personal data;

(d) Manner by which such data were processed;

(e) Reasons for the disclosure of the personal data to recipients, if any;

(f) Information on automated processes where the data will, or is likely to, be made as the sole basis for any decision that significantly affects or will affect the data subject;

(g) Date when his or her personal data concerning the data subject were last accessed and modified; and

(h) The designation, name or identity, and address of the personal information controller.

4. Right to rectification.

The data subject has the right to dispute the inaccuracy or error in the personal data and have the hospital correct it immediately and accordingly, unless the request is vexatious or otherwise unreasonable. If the personal data has been corrected, the hospital shall ensure the accessibility of both the new and the retracted information and the simultaneous receipt of the new and the retracted information by the intended recipients thereof: Provided, That recipients or third parties who have previously received such processed personal data shall be informed of its inaccuracy and its rectification, upon reasonable request of the data subject.

5. Right to Erasure or Blocking.

The data subject shall have the right to suspend, withdraw or order the blocking, removal or destruction of his or her personal data from the personal information controller’s filing system.

(a) This right may be exercised upon discovery and substantial proof of any of the following:

(1) The personal data is incomplete, outdated, false, or unlawfully obtained;

(2) The personal data is being used for purpose not authorized by the data subject;

(3) The personal data is no longer necessary for the purposes for which they were collected;

(4) The data subject withdraws consent or objects to the processing, and there is no other legal ground or overriding legitimate interest for the processing;

(5) The personal data concerns private information that is prejudicial to data subject, unless justified by freedom of speech, of expression, or of the press or otherwise authorized;

(6) The processing is unlawful;

(7) The personal information controller or personal information processor violated the rights of the data subject.

(b) The personal information controller may notify third parties who have previously received such processed personal information.

6. Right to damages.

The data subject shall be indemnified for any damages sustained due to such inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of personal data, taking into account any violation of his or her rights and freedoms as data subject.

Collection and Use of Personal Information

Punolaw shall collect basic contact information of all lawyers, applicants, employees, apprentices, on the job trainees, clients, witnesses, independent contractors including their full name, home or business address, email address, contact number, together with other information necessary to complete the details or the purpose of the information.

1. Personal Information of the lawyers, applicants, employees, apprentices, and on-the-job trainees is collected the Human Resources (HR) Manager to be used for hiring, contacting, evaluating, and other legitimate purposes.
2. Personal Information of prospective clients is collected by a lawyer and stored or retained or destroyed by the Accounting Manager, the Records Management Service Manager, and the Finance Manager to be used for contacting, billing, collecting and other legitimate purposes.
3. Personal Information of independent contractors or service providers is collected by the Office Manager to be used for contacting, procuring services, paying for services and other legitimate purposes.

 

Storage, Retention and Destruction

Punolaw shall ensure that personal data under its custody are protected against any accidental or unlawful destruction, alteration and disclosure as well as against any other unlawful processing. Punolaw will implement appropriate security measures in storing collected personal information, depending on the nature of the information. Punolaw uses intrusion detection systems to monitor security breaches and alert the organization of any attempt to interrupt or disturb the system, in addition to other technical security measures.

All information gathered shall not be retained for a period longer than ten (10) years from termination of the attorney-client relationship, or the termination of employment, or the termination of contract, as the case may be. After ten (10) years, all hard and soft copies of personal information shall be disposed and destroyed, through secured means and in accordance with the provisions of the DPA and its IRR.

The retention policy is subject to liens on documents in Punolaw’s standard engagement agreements.

 

Access

Due to the sensitive and confidential nature of the personal data under the custody of Punolaw, only the client and the authorized representatives of the client or firm shall be allowed to access such personal data, for any purpose, except for those contrary to law, public policy, public order or morals.

 

Disclosure and Sharing

All employees and personnel of Punolaw shall maintain the confidentiality and secrecy of all personal data that come to their knowledge and possession, even after resignation, termination of contract, or other contractual relations. Personal data under the custody of Punolaw shall be disclosed only pursuant to a lawful purpose, and to authorized recipients of such data.

 

Inquiries and Complaints

Every Data Subject has the right to reasonable access to his or her personal data being processed by Punolaw. Other available rights include: (1) right to dispute the accuracy or error in the personal data; (2) right to request the suspension, withdrawal, blocking, removal or destruction of personal data; and (3) right to complain and be indemnified for any damages sustained due to inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of personal data. Accordingly, a procedure for inquiries and complaints is set out in this section that will specify the means through which concerns, documents, or forms submitted to the organization shall be received and acted upon.

1. Data Subjects may inquire or request for information regarding any matter relating to the processing of their personal data under the custody of the organization, including the data privacy and security policies implemented to ensure the protection of their personal data.
2. Complaints may be sent to the Managing Partner at rvpuno@punolaw.com. The concerned department or unit shall confirm with the complainant its receipt of the complaint.

For any concerns or requests, please e-mail to our Data Protection Officer, at info@punolaw.com, or call our offices at (632) 86311261.