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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Yes, the head of the human resources division committed the crime of Unauthorized Disclosure under Section 32 of Republic Act No. 10173, or the Data Privacy Act of 2012. Under Section 32 of R.A. No. 10173,
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Quick check
What crime under Republic Act No. 10173 is committed when an HR officer discloses an employee's personal files to a friend without consent?
Disclosing personal or sensitive personal information to a third party without consent constitutes unauthorized disclosure under Section 32.
Under the Data Privacy Act of 2012, which of the following is classified as sensitive personal information?
Section 3(l) of RA 10173 explicitly classifies age, marital status, and birthdate as sensitive personal information.
Who can be held criminally liable for the crime of unauthorized disclosure under Section 32 of RA 10173?
Section 32 penalizes any officer, employee, or agent of a personal information controller who unlawfully discloses data.
What is required to make the sharing of an employee's personal information with a third party legally permissible?
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Why does an HR officer's personal motive of helping a friend find an employee attractive fail as a legal defense?
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Learn more about these topics
1. Data Privacy Scope
Under Republic Act No. 10173, or the Data Privacy Act of 2012, personal information refers to any information from which the identity of an individual is apparent or can be reasonably and directly ascertained. Sensitive personal information specifically includes an individual's age, marital status, birthdate, and government-issued records. Processing and storing such data require strict adherence to privacy principles, lawful processing criteria, and transparency.
2. Unauthorized Disclosure Crime
Section 32 of Republic Act No. 10173 penalizes unauthorized disclosure of personal or sensitive personal information. This crime is committed by any personal information controller, processor, or employee who discloses personal information without the data subject's consent or without lawful authority. HR personnel who handle confidential personnel files owe a duty of strict confidentiality and incur criminal liability when sharing employee data for unauthorized personal reasons.
3. Data Subject Consent
Consent of the data subject is a central requirement for the lawful processing and sharing of personal data under the Data Privacy Act. Consent must be freely given, specific, and informed, evidenced by written, electronic, or recorded means. Sharing employee addresses, marital status, and photos with third parties for romantic or social introductions without explicit consent violates statutory privacy rights and triggers criminal penal sanctions under the law.