The National Privacy Commission has dismissed a case against the Commission and Elections and its election software partner Smartmatic over data privacy violations. | zacariansINQ
According to the NPC, Violation of Section 30 requires that first, a personal data breach occurred, second, the breach requires notification to the PC, and third, the person knowingly conceals the fact of such breach from the NPC.
The alleged concealed security breach must also require mandatory breach notification under Section 20 of the DPA. However, the NPC found that while there was indeed a breach, “it did not involve sensitive personal information or information that may be used to enable identity fraud.”“Thus, the breach in the servers does not require mandatory breach notification to the NPC. And since the COMELEC and Smartmatic do not have an obligation to notify the NPC of the breach under Section 20 of the DPA, both may not be held liable for violation of Section 30 of the DPA,” it added.
Apart from this, the list contains data fields for height and weight, which Comelec does not collect in any of its forms for voter registration.Thus, the NPC concluded that no breach occurred in Smartmatic’s servers concerning the overseas voters’ list. “CID was not able to provide substantial evidence that directly links the alleged breach in Smartmatic’s servers to Comelec’s servers or system. Thus, Comelec may not be held liable for violation of Section 30 of the PA in relation to the overseas voters list,” it said.
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