The Applicant acknowledges and agrees that in the course of his/her
application with the ADA Manufacturing Corporation, the company
may receive or have access to Personal Information and/or Sensitive
Personal Information and/or any financial information of the
Applicant which the Company may consider as relevant in evaluating
the employment application; hereinafter collectively referred to as
“Private Information”. Applicant expressly consents to the processing,
collection, transmission, storage, disposal, use and disclosure of
Private Information by the Company for the following purposes:
a. to confirm, update and enhance the Company’s records;
b. for statistical analysis;
c. to establish any identity or otherwise as required under applicable legislation;
d. for marketing and promotional of the Company’s products; or
e. any other purpose, as considered necessary or appropriate.
In each case, the processing of Private Information may continue
during the course of evaluation and even during employment with the
company which may be disclosed to the following :
a. its parent company or any of its affiliate or subsidiary;
b. any consultant, adviser, auditor, counsel, agent, contractor, or
sub-contractor of the Company performing services to the
Company the administration or promotion of its business;
c. any person or entity to whom the Company proposes to assign or transfer any of its rights and/or duties;
d. as required or permitted by law, regulation, court or any regulatory authority; or
e. as otherwise considered necessary or appropriate by
the Company
Further, I am executing this with full knowledge and
understanding of my rights under the Republic Act No.
10173, otherwise known as the "Data Privacy Law", such as
but not limited to, the right to be informed of the privacy
of data as well as the right to access, to object,
block/remove, or rectify and to data portability.
Rights of a Data Subject
Under Chapter IV of the Act, there are eight (8) rights that belong to data subjects, namely: the right to be informed; the right to access; the right to object; the right to erasure and blocking; the right to rectify; the right to file a complaint; the right to damages; and the right to data portability.
First, the right to be informed means that the data subject has the right to know when his or her personal data shall be, are being, or have been processed. Collection and processing of data without the data subject’s knowledge and explicit consent is made unlawful, and entities in possession of personal data is obligated to inform the data subject of any breaches or compromises in their data.
Second, the right to access involves being able to compel any entity possessing any personal data to provide the data subject with a description of such data in its possession, as well as the purposes for which they are to be or are being processed. Furthermore, other details regarding the processing of their information may be obtained, such as the period for which the information will be stored, and the recipients to whom the information may be disclosed. This must be complied with in an easy-to-access format, accompanied by a description in plain language.
Thirdly, the right to object requires that the consent of the data subject be secured in the collecting and processing of his or her data. It grants the data subject the choice of refusing to consent, as well as the choice to withdraw consent, as regards collection and processing. As earlier stated, any activity involving a data subject’s personal data without his or her consent is deemed illegal.
The right to erasure or blocking allows the data subject to suspend, withdraw or order the blocking, removal, destruction of his or her personal information from the personal information controller’s filing system upon discovery and substantial proof that the personal information are incomplete, outdated, false, unlawfully obtained, used for unauthorized purposes or are no longer necessary for the purposes for which they were collected.[6] This is akin to the recognized right to be forgotten.
Corollarily, the right to rectify, allows the data subject to dispute any inaccuracy or error in the personal information processed, and to have the personal information controller correct it immediately. In line with this, the personal information controller must ensure that the new and the retracted information will be accessible, and that third parties who received the erroneous data will be informed, upon the request of the data subject.
In line with the control given to the data subject, the right to data portability enables the data subject to obtain and electronically move, copy, or transfer personal data for further use.[7] This also carries out another policy behind the law–ensuring the free flow of personal information.
The last two rights are related to the enforcement of the above-discussed rights. First, the right to file a complaint with the National Privacy Commission affords a remedy to any data subject who “[feels] that [his or her] personal information has been misused, maliciously disclosed, or improperly disposed,”[8] or in case of any violation of his or her data privacy rights. Secondly, the right to damages entitles the aggrieved data subject to be indemnified for any damages sustained due to inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of his or her personal information.
As can be gleaned from these rights, the Data Privacy Act of 2012 is comprehensive in its protection to the data subject. This is even strengthened by the fact that these rights can also be invoked by the data subject’s lawful heirs and assigns in the event of his or her incapacity and[9] even after his or her death.
I agree that the application remains the property of the Company and the same may be used at its discretion whether I am employed or not.
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