NPC Weighs in on Disclosures of Photos of the Accused

The National Privacy Commission (NPC) released Advisory Opinion No. 2021-032 on the disclosure of photos of the accused in criminal cases to the victims. The Commission advised that such photos constitute sensitive personal information as defined in the  Data Privacy Act of 2012 (“DPA”), which includes information about any proceeding for any offense committed or alleged to have been committed by a person. As sensitive personal information, its processing is prohibited unless there is a lawful basis for the processing of the photos under the DPA. The NPC further opined that the victim in a criminal case has legal basis under Section 13(f) of the DPA, which allows processing of sensitive personal information when processing is necessary for the protection of lawful rights and interests of natural or legal persons in court proceedings, or the establishment, exercise or defense of legal claims.     

 

The full advisory opinion can be accessed here.