by Guinevere Latoza
But for data privacy expert Jam Jacob, if there’s no NPC final resolution on Grab’s multiple motions, “there’s reason to believe that the CDO is still in effect.”
“If it is in effect, then doing something you have been explicitly ordered to not do amounts to an administrative offense,” he told PCIJ, referring to NPC Circular No. 2022-01.
He pointed to the circular’s provision under “other infractions,” which states that “(a)ny natural or juridical person processing personal data that fails to comply with any order, resolution, or decision of the commission, or of any of its duly authorized officers… shall be subject to an administrative fine not exceeding fifty thousand pesos (Php 50,000).”
Jacob said that Grab should have waited for the order to be lifted first before rolling out its system to avoid risks.
“The commission can decide to lift the order based on the certificate. But a mere division cannot simply preempt that move and undo an order,” he said.
Jacob said that the NPC commissioners can still decide not to adopt the findings of its division – CMD – and instead require additional requirements.
“If the NPC simply relied on submissions and explanations by Grab, their ‘findings’ may not hold that much water. Which is why it is more important that any action should come from the commission themselves,” he said.
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