INQUIRES AND COMPLAINTS - A Guide for the Data Subject
1. Do you have a concern about a privacy violation, personal data breach or matters related
to personal data protection, or any other violation of the Data Privacy Act and other
issuances of the National Privacy Commission?
a. Yes. Proceed to the next section (No.2).
b. No. The Breach Response Team may have no power to act on your complaint. It
can only act on matters the relate to the Data Privacy Act.
c. I am not sure. Request for an Advisory Opinion or request for information (No.5).
2. Does your concern affect you personally or involve your personal data?
a. Yes. If it is a matter affecting your own personal data, you may file a Complaint
with the Breach Response Team of NMMC.
b. No. If it is about another person, or is a matter of general concern, request
instead for an Advisory Opinion from the National Privacy Commission.
3. How do you file a complaint?
a. First, give an opportunity to the individual or the hospital to address your concerns.
Send a written letter to the individual or the hospital, through its medical center
chief, that has commited a privacy violation or personal data breach, and request
for appropriate action.
b. The medical center chief, through the Data Breach Response Team, within 15 days shall
evaluate your complaint and may call on you to confer with the respondent. Upon
completion of the investigation, a team report shall be sent to the medical center
chief for decision and/or appropriate action.
c. If the hospital does not act on your letter within 15 days, or has failed to take
appropriate action on your concern, you may file your complaint with the National
Privacy Commission. File the complaint within 30 days from last communication. If
you have an important reason why you think it would be hard to write to the individual
or hospital, you may explain this to the Commission.
d. The complaint should be in an affidavit and should include:
1. all information relevant to your concern, including any other evidence or
affidavits of witnesses, if any;
2. the relief you are demanding, whether you want specific action from the
individual or hospital, or whether you want to claim for damages; and
3. your contact details and contact details of the individual or company.
e. You may file it with the office of the National Privacy Commission, where are you may
be asked to pay filling fees, depending on the relief you are asking. You may file
wait for instructions on how filing fees can be filed, If you qualify as an indigent,
no filling fee is necessary.
f. An investigating officer will evaluate your complaint and when sufficient in form
and substance, the Commission may call on you to confer with the respondent on matters
like discovery of evidence or schedules of the proceedings.
g. Upon completion of the investigation, the investigating officer shall refer the case
to the Office of the Commissioner for the final decision.
4. How do you request for Advisory Opinion?
a. File your request for the advisory opinion in the same manner as a complaint.
b. Your request should include all facts necessary for the Commission to evaluate
your concern and render an opinion.
c. Provide the National Privacy Commission a way to contact you.
d. Remember that if your request is for an advisory opinion, the National Privacy
Commission will not award damages.
5. Can I get additional information on this circular? You may request for additional information