The National Privacy Commission recently issued Circular No. 2024-02, which provides an updated policy framework on the use of closed-circuit television systems.
In brief
The National Privacy Commission (NPC) recently issued NPC Circular No. 2024-02 (“Circular“), which provides an updated policy framework on the use of closed-circuit television (CCTV) systems. The Circular is intended to address emerging privacy risks arising from the use of CCTV systems, and to enable data controllers and processors to properly manage personal data processing carried out through such systems.
The more comprehensive Circular modifies the previously issued NPC Advisory No. 2020-04, which was the guidance on the use of CCTV systems since November 2020. The Circular takes effect on 27 August 2024.
Clients are advised to review their policies and notices on the use of CCTV systems to ensure that these are aligned with the newly issued framework.
Why this is relevant to you
CCTV systems are widely used in all kinds of businesses and commercial establishments. Under the Circular, all establishments which use CCTV systems for their commercial operations are subject to the requirements imposed by the Data Privacy Act of 2012, its Implementing Rules and Regulations, and issuances of the NPC. Unlike the NPC’s previous guidance on the matter, the new Circular lays down a binding framework which must be complied with by all establishments which use CCTV systems in their operations.
Salient points
The Circular applies to all establishments which process information through CCTV systems. The Circular does not apply to CCTV systems used for personal, family, or household affairs. It also does not apply to the use of CCTV systems by law enforcement, intelligence, and investigative agencies and other government agencies conducting lawful surveillance in accordance with their respective mandates.
Establishments must adhere to the principles of transparency, legitimate purpose, proportionality and data minimization, and accountability when using CCTV systems. CCTV notices must be readily visible and prominently displayed in conspicuous areas, such as points of entry.
Establishments must have an appropriate lawful basis for the processing of personal data through the use of CCTV systems. Entities must take into account that the purpose of using CCTV systems will vary and consent of the data subjects may not be the most suitable lawful basis for processing their personal data.
Establishments must have a policy to allow data subjects to access their data which are recorded on CCTV systems. Access includes both viewing and obtaining a copy of such recordings.
Establishments must implement reasonable and appropriate safeguards to ensure and maintain the integrity and accuracy of the footage recorded and stored, including any associated metadata, like time, date, and location, that may facilitate access requests for CCTV footage.
Bienvenido Marquez III is a partner in Quisumbing Torres' Intellectual Property, Data and Technology Practice Group. He also co-heads the Consumer Goods & Retail Industry Group and is a member of the Technology, Media & Telecommunications Group. He participates in initiatives of Baker & McKenzie International of which Quisumbing Torres is a member firm. He is a member of Baker McKenzie's Asia Pacific Intellectual Property Business Unit for Brand Enforcement. He is immediate Past President of the Philippine Chapter of the Licensing Executives Society International (2019-2021), and is currently co-chair of the LESI Asia Pacific. He is also a member of the Anti-Counterfeiting Committee of the International Trademarks Association (INTA). He has been appointed as member of the INTA Asia Global Advisory Council (GAC) for 2022 to 2023, making him the only Philippine representative on the council.
Bien has vast experience in handling IP enforcement litigation, trademark and patent prosecution and maintenance, copyright, data privacy, information security, IT, telecommunications, e-commerce, electronic transactions, cyber security and cybercrime. He has been consistently ranked as a leading individual for Intellectual Property and TMT in Legal 500 Asia Pacific, Chambers Asia Pacific, asialaw Leading Lawyers, Managing IP Stars, Asia IP, and World Trademark Review. He was also recognized as a Volunteer Service Awardee by INTA in 2018.
Divina Ilas-Panganiban, CIPM is a partner and the head of Quisumbing Torres’ Intellectual Property, Data and Technology Practice Group and co-heads the Technology, Media & Telecommunications (TMT) Industry Group. She participates in initiatives of Baker & McKenzie International of which Quisumbing Torres is a member firm. She is a member of Baker & McKenzie International's Asia Pacific TMT, and the Asia Pacific Intellectual Property Steering Committees.
Divina is a Certified Information Privacy Manager by the International Association of Privacy Professionals (IAPP). She currently serves as the Vice-President and Director of the Philippine Chapter of the Licensing Executives Society International, the Regional Vice-chair of the LESI's Education Committee, the Co-chairperson of the Committee on Intellectual Property Rights of The American Chamber of Commerce of the Philippines, and the Chairperson of the IAPP KnowledgeNet Chapter for the Philippines.
Divina was recently appointed to be a member of the Advisory Council for Intellectual Property (ACIP) of the Intellectual Property Office of the Philippines (IPOPHL). The ACIP is an advisory board composed of a select group of people from different sector to which IP is of great value. She was recently recognized in the Hall of Fame for Best External Lecturers by the IP Academy of the IPOPHL.
Divina just finished her stint as the chair the Unreal Campaign of the International Trademarks Association (INTA) for East Asia and the Pacific and continues to organize anti-counterfeiting activities in schools and universities around the country, educating the youth about the importance of intellectual property protection.
Divina is a multi-awarded lawyer with a stellar track record in the IP, data and technology fields. She has garnered numerous awards and accolades, including the Woman Lawyer of the Year by the ALB Philippine Law Awards 2023. She has been cited as leading lawyer for intellectual Property and TMT by The Legal 500 Asia Pacific, Chambers Asia Pacific, Managing IP, World Trademark, Asialaw and IAM Patent 1000, among others. Known for her exceptional legal expertise and unwavering commitment to her clients, Divina has established herself as a leader in her profession.
Marianne Angeli B. Estioco is an associate in Quisumbing Torres’ Intellectual Property, Data & Technology Practice Group. She obtained her Juris Doctor degree from the University of the Philippines College of Law in 2020 and was admitted to the Philippine bar in 2022.
