Information Requirements, Data Subject Rights, Accountability and Governance
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What information needs to be included in a privacy notice to data subjects?

Last review date: 31 December 2024

         the identity and the contact details of the controller and, where applicable, of the controller's representative

         the purposes of the processing for which the personal data is intended

         the categories of personal data concerned

         the source from which the personal data originates and, if applicable, whether it came from publicly accessible sources

         the recipients or categories of recipients of the personal data, if any

         the existence of data subjects' rights, such as the right to access, rectification, erasure, data portability, etc.

         the existence of the right to withdraw consent if processing is based on consent

         whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the data subject is obliged to provide the personal data and of the possible consequences of failure to provide such data

         other

Note that certain classes of data users/controllers (e.g., private educational institutions, direct selling companies, private employment agencies, housing developers, etc.) are also subject to the General Code of Practice of Personal Data Protection (GCOP), which requires additional information to be included in a privacy notice. These include the requirement to mention any sensitive personal data involved in the processing, if personal data of children under 18 is processed, and the duration for which personal data will be retained for processing, etc. The GCOP is already in force and non-compliance with it is an offense under the PDPA.

Do data subjects have specific privacy rights that must be operationalized?

Last review date: 31 December 2024

Yes.

Data subjects have the following data privacy rights, although the specifics of the scope and conditions for each of these vary depending on the circumstances and local law:

         right to access the data subject's own personal data

         right to rectify/correct the data subject's own personal data where inaccurate or incomplete

         right to restrict data processing

         right to data portability

         right to withdraw consent

         other

  • Right to prevent processing likely to cause damage or distress
  • Right to prevent processing for purposes of direct marketing
Are there accountability and governance requirements?

Last review date: 31 December 2024

Yes.

There are accountability and governance requirements to:

         maintain a record of processing activities

         implement appropriate measures to comply with data privacy and cybersecurity

         demonstrate compliance with data privacy and cybersecurity

         identify a specific individual as the data privacy contact for data subject or data protection authority inquiries

         provide training to employees

         appoint a local representative in the jurisdiction (if the controller or processor is not located in the jurisdiction)

Note that the PDPD announced in November 2024 that two new guidelines on data protection impact assessment and privacy by design are expected to be released in the third quarter of 2025. These may introduce further accountability and governance requirements.