Things you need to know about Employee Data Privacy Consent Form.
1. What is a Data Privacy Consent Form?
A person whose personal information is collected, stored and processed is called a data subject. Individuals and businesses who deal with personal information are required to observe and respect a person’s data privacy rights. The Philippine National Privacy Commission, which administers the Philippines’ “Data Privacy Act of 2012” (“DPA”), explained that an individual’s personal data is treated in the same way as his/her own personal property. Personal data should never be collected, processed and stored without his/her explicit consent.
Businesses can get this consent through a Data Privacy Consent Form. Under the DPA, consent is one of the acceptable ways to lawfully process personal data. Consent is defined as “any freely given, specific, informed indication of will, whereby the data subject agrees to the collection and processing of his or her personal, sensitive or privileged information.”
2. When do you need a Data Privacy Consent Form?
You will need to get a data subject’s consent if you will process his/her personal data. To protect a person’s privacy, the DPA requires individuals/businesses to furnish a person with certain information before obtaining his/her personal data, such as:
- Description of the personal data to be entered into the system
- Exact purposes for which they will be processed (i.e. direct marketing, statistical, scientific etc.)
- Basis for processing, especially when it is not based on consent
The information required under the DPA to constitute sufficient consent is already included in Legal Tree’s Data Privacy Consent Form.
3. How can a Data Privacy Consent Form protect you?
A Data Privacy Consent Form duly signed by a data subject signifies that person’s consent for the individual/business to lawfully process his/her personal data. This protects the individual/business from any allegation of unlawful processing of data. Without proper consent, a person may claim damages arising from the unlawful obtaining and using of his/her personal data. If a data subject feels that his/her personal data rights have been violated, the data subject has a right to file a complaint with the National Privacy Commission, which may lead to sanctions, civil damages and, in certain cases, criminal prosecution
4. What information do you need to create the Data Privacy Consent Form?
To create your Employee Data Privacy Consent Form you’ll need the following minimum information:
- The name of the employer; and
- The name of the employee