Philippines: Updated framework issued on the use of closed-circuit television systems

The National Privacy Commission recently issued Circular No. 2024-02, which provides an updated policy framework on the use of closed-circuit television systems.
24 Aug 2024    2 minute read

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.

Contents

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

  1. 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. 
  2. 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.
  3. 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.
  4. 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. 
  5. 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.

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