|
National Citizens’ Movement for Free Elections Personal Information Privacy Policy |
|
|
1. Short Title: NAMFREL’s Privacy
Policy |
|
|
2.1 Republic Act No. 10173, the Data Privacy Act of 2012, its Implementing Rules and Regulations, and the issuances of the National Privacy Commission, hereinafter collectively referred to as DPA, requires and mandates the protection of personal information that individuals or organizations, public or private, collect, process, and retain. 2.2 In compliance with the DPA, the National Citizens’ Movement for Free Elections (NAMFREL) issues this Personal Information Privacy Policy, herein referred to as “NAMFREL’s Privacy Policy” or simply, “Privacy Policy”. |
|
|
3. Declaration of Policy – |
|
|
3.1 NAMFREL values the privacy rights of its National Council Members, Secretariat Staff, and volunteers, hereinafter collectively referred to as Volunteers, 3.2 NAMFREL believes that its Volunteers are entitled to know their personal information privacy rights, how their personal information is collected, used and processed, stored, how and with whom it is disclosed and shared, and disposed of. 3.3 NAMFREL observes the principles of transparency, proportionality, and legitimate purpose in the collection, use and processing, retention and storage, disclosure or sharing, and destruction and disposal of personal information of its Volunteers. 3.4 NAMFREL commits that it shall protect all Volunteers’ personal information in its custody by employing the necessary organizational, physical, and technical measures as required by the DPA. |
|
|
4. Definition of Terms – As used in this Privacy Policy, the following terms shall have the respective meanings: |
|
|
4.1 Personal Information Collection (also referred to as “collection”) is the process of gathering personal information of and from NAMFREL’s Volunteers. 4.2 Personal Information Use (also referred to as “use”) is the process of using the personal information of NAMFREL’s volunteers for the purpose of communicating and coordinating with them either directly or through NAMFREL’s Chapter Chairpersons. Communication may be done through voice call or through any of NAMFREL’s electronic channels. 4.3 Personal Information Processing (also referred to as “processing”) is the process of organizing and aggregating personal information of NAMFREL’s volunteers to generate demographic information such as number of volunteers in a given geographic area, usually per established NAMFREL Chapter, age distribution, and gender distribution. 4.4 Personal Information Disclosure and Sharing (also referred to as “disclosure” and “sharing”) is the process of sharing, which includes disclosure, of personal information of NAMFREL’s volunteers to a third party. 4.5 Personal Information Retention (also referred to as “retention”) is the process of keeping, filing, and storage of personal information in electronic and/or paper-based form. 4.6 Personal Information Destruction and Disposal (also referred to as “destruction” and “disposal”) is the process involving destruction of the personal information of NAMFREL’s volunteers. Destruction of personal information in paper-based form shall involve the use of paper shredders. Destruction of personal information in electronic form shall involve electronically deleting the personal information record and overwriting the personal information record using appropriate software. 4.7 Paper-based collection of personal information refers to personal information collection using a paper-based Volunteer Application Form which is filled out by an individual who wishes to engage with NAMFREL as a volunteer. The process of personal information collection is through face-to-face engagements where the candidate volunteer appears before a NAMFREL Chapter Chairman/Chairperson. 4.8 Electronic collection of personal information refers to personal information collection using a Volunteer Application Form in electronic format prepared using a document processing software (eg. MS Word) or a Volunteer Application Form made available in NAMFREL’s website using website development software also referred to as a webform which may be submitted through any of NAMFREL’s electronic channels. 4.9 Electronic channels refer to email, NAMFREL’s website, or private messaging applications such as but not limited to Facebook, Whatsapp, Viber, and similar internet-based applications which are accessible with the use of electronic devices such as but not limited to Desktop PCs, laptops, tablets, smartphones and such other electronic devices with similar functionality. 4.10 Network of Established Chapters refers to NAMFREL’s nationwide organization which is subdivided into Chapters, each Chapter is based or organized per archdiocese or diocese. Each NAMFREL Chapter is composed of Volunteers and is headed by a Chapter Chairman/Chairperson. 4.11 National Council Members refers to the Volunteers that comprise the National Council which is the governing body of NAMFREL. As authorized under its registration with the Securities and Exchange Commission, the National Council is comprised of fifteen (15) Volunteers as Members, one of whom is designated as Council Chairman. 4.12 Secretariat Staff refers to the group of individuals who assist NAMFREL’s Secretary General in NAMFREL’s day-to-day operations. 4.13 Secretary General refers to the individual designated by the National Council to manage NAMFREL’s day-to-day operations. 4.14 Chapter Chairman/Chairperson refers to the NAMFREL Volunteer who heads a particular NAMFREL Chapter. 4.15 Compliance Officer for Privacy (COP), as provided in Section 26(a) of the Implementing Rules and Regulations of the Data Privacy Act, refers to the “individual or individuals who shall function as data protection officer, compliance officer or otherwise be accountable for ensuring compliance with applicable laws and regulations for the protection of data privacy and security.” The NAMFREL Chapter Chairman/Chairperson is the designated COP of the respective NAMFREL Chapter. 4.16 Data Protection Officer, as provided in Section 26(a) of the Implementing Rules and Regulations of the Data Privacy Act, refers to the “individual or individuals who shall function as data protection officer, compliance officer or otherwise be accountable for ensuring compliance with applicable laws and regulations for the protection of data privacy and security.” A Member of the NAMFREL Council is designated as Data Protection Officer. 4.17 Transparency, as provided in Section 18(a) of the Implementing Rules and Regulations of the Data Privacy Act, refers to the requirement that the Volunteer is made “aware of the nature, purpose, and extent of the processing of his or her personal data [information], including the risks and safeguards involved, the identity of personal information controller, his or her rights as a data subject, and how these can be exercised. Any information and communication relating to the processing of personal data [information] should be easy to access and understand, using clear and plain language.” 4.18 Legitimate purpose, as provided in Section 18(b) of the Implementing Rules and Regulations of the Data Privacy Act, refers to the requirement that “The processing of information shall be compatible with a declared and specified purpose which must not be contrary to law, morals, or public policy.” 4.19 Proportionality, as provided in Section 18(c) of the Implementing Rules and Regulations of the Data Privacy Act, refers to the requirement that “the processing of information shall be adequate, relevant, suitable, necessary, and not excessive in relation to a declared and specified purpose. Personal data [information] shall be processed only if the purpose of the processing could not reasonably be fulfilled by other means.” 4.20 Data Subject, as used in the definition of terms, refers to the
Volunteer whose personal information is collected, used and/or
process, retained and stored, disclosed and/or shared, and destroyed
and disposed of. |
|
|
5. Collection, Use and/or Processing, Disclosure and Sharing, Retention and Storage, and Destruction and Disposal of Volunteers' Personal Information |
|
|
5.1 Collection of Personal Information – |
|
|
5.1.1 Purposes – Personal information of Volunteers is collected for the following purposes: |
|
|
5.1.1.1 Identifying each Volunteer |
|
|
5.1.2 Method of Collection |
|
|
5.1.2.1 With the use of paper-based Volunteer Application Forms personally submitted to the concerned NAMFREL Chairman/Chairperson. 5.1.2.2 With the use of Volunteer Application Forms in electronic format submitted through any of NAMFREL’s electronic channels. |
|
|
5.1.3 Person authorized to collect Volunteer’s Personal information – Collection may be done by the Secretary General or his designate or by the concerned NAMFREL Chapter Chairman/Chairperson or his/her designate as authorized by the Secretary General. 5.1.4 Time of Collection – Volunteers are invited from time to time or in relation to NAMFREL’s election related activities during which collection of Volunteers’ personal information may be done. |
|
|
5.2 Use of Volunteers’ Personal Information – |
|
|
5.2.1 Purpose – The Volunteers’ personal information shall be used for the following purposes: |
|
|
5.2.1.1 Organizing the
Volunteers into NAMFREL’s Chapters |
|
|
5.2.2 Access to Volunteers’ personal information may be done only by persons specifically authorized by NAMFREL’s Secretary General or the concerned NAMFREL Chapter Chairman/Chairperson upon approval of the Secretary General. |
|
|
5.3 Processing of Volunteers’ Personal Information – |
|
|
5.3.1 Purpose – The Volunteers’ personal information shall be processed for the following purposes |
|
|
5.3.1.1 Organizing Volunteer briefings, training, fellowship, and similar activities 5.3.1.2 Deployment of Volunteers as observers for NAMFREL’s election related activities such as the national and midterm elections, barangay elections, referenda, plebiscites, and similar activities and/or non-election related activities such as observing procurement activities to which NAMFREL is invited to. 5.3.1.3 Planning NAMFREL’s election and non-election related activities. 5.3.1.4 Communicating and coordinating with Volunteers directly or through their respective NAMFREL Chapter Chairman/Chairperson. |
|
|
5.3.2 Output of processing: |
|
|
5.3.2.1 List of Volunteers per NAMFREL Chapter containing only the Volunteers’ respective name, email address, phone number, and/or social media account(s) only. 5.3.2.2 Demographic information including distribution of Volunteers per NAMFREL Chapter, gender groups, and age groups. 5.3.2.3 List of Volunteers who are deployed as observers for NAMFREL’s election and non-election related activities. |
|
|
5.3.3 The Secretary General shall designate the person authorized to process Volunteers’ personal information. |
|
|
5.4 Disclosure and Sharing of Volunteers’ Personal Information – |
|
|
5.4.1 Purpose – The Volunteers’ personal information may be disclosed and shared with an insurance company to provide insurance coverage for Volunteers deployed as election observers. 5.4.2 Volunteers’ Personal Information to be disclosed and shared shall be limited to personal information that meets the minimum required for insurance purposes, which includes: a) Volunteer’s Name, b) Sex, c) Date of Birth, d) Home Address, e) Name of Beneficiary/Next of Kin, and f) the contact details of the Beneficiary/Next of Kin. 5.4.3 The Volunteers’ Personal Information disclosed and shared with the insurance company shall be covered by a Data Sharing Agreement between NAMFREL and the insurance company. 5.4.4 Volunteers’ personal information disclosed and shared with the insurance company shall be in keeping with the terms of the Data Sharing Agreement and the DPA. 5.4.5 The insurance company shall be required to ensure that proper safeguards are in place to ensure the confidentiality of the Volunteers’ personal information disclosed and shared, and prevent its use for any unauthorized purposes. 5.4.6 The Volunteers’ Personal Information disclosed and shared shall be in electronic format and password protected. The password that will allow access by the insurance company’s representative shall be communicated through an electronic channel different from the electronic channel used to convey or deliver the list of Volunteers who are deployed as observers during the election period. |
|
|
5.5 Retention and Storage of Volunteers’ Personal Information – |
|
|
5.5.1 Purpose – Consistent with the purpose for which Volunteers’ personal information is collected, the Volunteers’ Personal Information shall be stored in electronic format which may be accessed any time that there is a need to communicate and coordinate with the Volunteers, provide information on NAMFREL’s projects, or organize the Volunteers in relation to NAMFREL’s election related activities (eg., for Volunteer deployment during barangay elections, referenda, plebiscites, and similar activities) or non-election related activities (eg. transparency activities of government agencies like procurement of goods or services to which NAMFREL is invited to). 5.5.2 Conversion into Electronic Format – Volunteers’ Personal Information collected using paper-based Volunteer Application Forms shall be converted into electronic format. 5.5.3 A copy of the electronic format of the Volunteers’ personal information collected by the NAMFREL Chairmen/Chairperson or their authorized designates shall be secured with a password and conveyed/submitted to the Secretary General using any of NAMFREL’s electronic channels. The password shall be conveyed/submitted to the Secretary General using an electronic channel that is different from the electronic channel used to convey/submit the Volunteers’ personal information in electronic format. 5.5.4 Retention period – Volunteers’ Personal Information whether in paper-based or in electronic format shall be retained to meet the purpose of personal information collection, specifically, communicating and coordinating with Volunteers and for as long as the Volunteers remain active and continue to be engaged with NAMFREL. The retention of Volunteers’ personal information shall be reviewed within a cycle of three (3) years, corresponding to the presidential and midterm election cycle. Review of the Volunteers’ personal information shall be as provided in Section 5.6.2. 5.5.5 Storage: |
|
|
5.5.5.1 Paper-based Volunteer Application Forms: |
|
|
5.5.5.1.1 The Volunteer Application Forms shall be retained and stored by the respective NAMFREL Chairmen/Chairpersons. 5.5.5.1.2 The Volunteer Application Forms shall be organized in alphabetical sequence of the Volunteers’ last names and kept in a folder. The folders shall be stored in a cabinet which is secured with a lock, the key to which shall be kept by the concerned NAMFREL Chairman/Chairperson. |
|
|
5.5.5.2 Volunteers’ personal information in electronic format: |
|
|
5.5.5.2.1 The respective NAMFREL Chairmen/Chairpersons shall retain a copy of the electronic format personal information of the Volunteers assigned in their respective NAMFREL Chapter. 5.5.5.2.2 The respective NAMFREL Chairmen/Chairpersons shall store the Volunteers’ personal information in an electronic file (eg. MS Excel or an electronic database) protected with a password. 5.5.5.2.3 The electronic file that contains the Volunteers’ personal information shall be stored in an offline storage media or device which may be used with an electronic device (PC desktop, laptop, tablet or any similar device) that is not connected to the internet. |
|
|
5.5.5.3 Volunteers’ Personal Information in the custody of NAMFREL’s National Office |
|
|
5.5.5.3.1 Responsible Person – The Secretary General shall designate a qualified member of the Secretariat Staff to handle receipt of copies of Volunteers’ Personal Information 5.5.5.3.2 Organization of Volunteer Personal Information Records – Volunteers are organized and categorized into NAMFREL Chapters to which they are assigned. Consequently, Volunteers’ personal information shall be organized in a similar manner. 5.5.5.3.3 Storage: |
|
|
5.5.5.3.3.1 The Secretary General or his duly authorized designate shall store the Volunteers’ personal information in an electronic file (eg. MS Excel or an electronic database) protected with a password. 5.5.5.3.3.2 The electronic file that contains the Volunteers’ personal information shall be stored in an offline storage media or device which may be used with an electronic device (PC desktop, laptop, tablet or any similar device) that is not connected to the internet. |
|
|
5.5.6 Backup: |
|
|
5.5.6.1 Copies of paper-based records containing Volunteers’ Personal Information shall be reproduced and conveyed/submitted to the NAMFREL’s National Headquarters, addressed to the attention of the Secretary General. 5.5.6.2 The respective NAMFREL Chairmen/Chairpersons and the Secretary General is hereby authorized to create a backup copy of the electronic files containing Volunteers’ Personal Information and shall be stored in a manner provided in Section 5.5.5 herein. |
|
|
5.6 Destruction and Disposal of Volunteers’ Personal Information – |
|
|
5.6.1 Purpose: Cleanse the Volunteer Records of inactive Volunteers. |
|
|
5.6.2.1 Schedule of review – Personal information of Volunteers shall be subject to review six (6) months prior to a scheduled presidential or midterm elections. 5.6.2.2 Purpose of Review – Verify and obtain confirmation from the Volunteers if they wish to continue their engagement with NAMFREL as volunteers. Confirmation of Volunteers’ status as volunteers shall be in writing, whether in paper-based or electronic form. Any paper-based confirmation shall be digitized and stored accordingly. 5.6.2.3 Express Opt-out – The personal information of Volunteers who expressly opt to discontinue their engagement with NAMFREL any time or during the period of review shall be destroyed and disposed of in the manner as provided under this Section 5.6.3. 5.6.2.4 Non-response to verification – The personal information of Volunteers who do not immediately respond to NAMFREL’s verification shall be appropriately tagged and continue to be retained. A second verification request shall be issued with three (3) months of the first verification request. The personal information of Volunteers who fail to respond to the verification request within one (1) month of the issuance of the second verification request shall be destroyed and disposed of in accordance with Section 5.6.3. |
|
|
5.6.3 Destruction and Disposal: |
|
|
5.6.3.1 Paper-based Volunteer Application Forms – All paper-based Volunteer Application Forms of Volunteers considered inactive at the end of the verification period or those who expressly opt-out shall be destroyed using a paper shredder and disposed of in a secure manner. 5.6.3.2 Electronic Volunteers’ Personal Information – Personal information of Volunteers considered inactive at the end of the verification period or those who expressly opt-out of their engagement with NAMFREL as volunteers shall be deleted from the electronic file and overwritten using a software for the purpose. |
|
|
6. Confidentiality of Volunteers' Personal Information - |
|
|
6.1 NAMFREL and any person or entity covered by this Privacy Policy shall ensure at all times the confidentiality of any personal information that comes into its knowledge and possession. 6.2 Furthermore, personal information shall be held under strict confidentiality and shall be used only for declared purpose. |
|
|
7. Volunteers' Rights - |
|
|
7.1 Informed Consent – |
|
|
7.1.1 Volunteers shall be informed of the purpose for which their personal information is collected, used and processed, disclosed or shared, retained and stored, and destroyed and disposed of and how this will be carried out. 7.1.2 Consent of the Volunteers shall be obtained prior to collection, use and processing, disclosure and/or sharing, retention and storage, or destruction and disposal. Consent shall be in writing, whether in paper-based or electronic form. 7.1.3 The following Consent Statement shall be included in any and
all personal information collection forms, paper-based or
electronic: |
|
|
7.2 Request for Access to Personal Information – Volunteers may, at any time, file a request to access their personal information in the custody of NAMFREL. The access request shall be acted upon immediately at the convenience of both parties. The requesting Volunteer’s personal information may be communicated to the requesting party through any agreed secure electronic channel (email, messenger, or any secure smartphone apps) or the requesting party may visit NAMFREL’s Headquarters or the chapter office where the requesting party is assigned. If the request of a Volunteer for their own personal information is sent or conveyed through an electronic channel, the document containing the requested Volunteer’s personal information shall be password protected. The password shall be sent or conveyed through a separate electronic channel. 7.3 Request to Update Personal Information – Volunteers may, at any time, request for their personal information to be updated. A form for the purpose, in paper-based or electronic format, shall be provided. Upon receipt of the update request, such update shall be applied on the electronic copy of the volunteer’s personal information record. A copy of the original electronic record shall be retained and properly tagged as required by the DPA. 7.4 Request for Correction of Personal Information – Volunteers may, at any time, request that their personal information be corrected should they find erroneous entries in the personal information record. Upon receipt of the request for correction, such correction shall be applied on the electronic copy of the volunteer’s personal information record. A copy of the original electronic record shall be retained and properly tagged as required by the DPA. 7.5 Request for Erasure or Blocking of Personal Information – Volunteers may, at any time, file a request for erasure or blocking of their personal information in the custody of NAMFREL. |
|
|
7.5.1 A request to block access to a requesting Volunteer’s personal information: |
|
|
7.5.1.1 Any paper-based form or document containing the requesting Volunteer’s personal information shall be stored in a separate folder marked with the words “ACCESS RESTRICTED”. Only the concerned NAMFREL Chairman/Chairperson or the Secretary General shall have access to the paper-based form or document. 7.5.1.2 Any electronic form or document containing the requesting Volunteer’s personal information shall be stored in a separate electronic folder which shall be password protected”. Only the concerned NAMFREL Chairman/Chairperson or the Secretary General shall have access to the paper-based form or document. |
|
|
7.5.2 A request to erase a requesting Volunteer’s personal information: |
|
|
7.5.2.1 Any paper-based form or document containing the requesting Volunteer’s personal information shall be destroyed using a paper shredder and disposed of securely. 7.5.2.2 Any electronic form or document containing the requesting Volunteer’s personal information shall be deleted from the electronic folder and overwritten with a use of a software for the purpose. |
|
|
7.6 Request for Electronic Copy of Personal Information – Volunteers
may, at any time, request for a copy of their Personal Information
in electronic format, provided that NAMFREL has the capacity to
generate a copy of the Personal Information in such electronic
format. A copy of the Volunteer’s Personal Information may be
provided using a portable storage medium such as a flash or thumb
drive supplied by the requesting Volunteer or through an electronic
channel (email, private message, or similar electronic channels)
specified by the Volunteer, provided that NAMFREL has access to such
electronic channel. The electronic copy of the Volunteer’s Personal
Information shall be password protected and provided through a
different electronic channel specified by the Volunteer, provided
that NAMFREL has access to such electronic channel. |
|
|
8. NAMFREL Chapters – |
|
|
8.1 NAMFREL Chapter Chairmen/Chairpersons shall be the Chapter Compliance Officer for Privacy (COP) or the NAMFREL Chapter Chairmen/Chairpersons may appoint one within their respective Chapters. An appointed Chapter COP shall be under the direct supervision of the concerned NAMFREL Chapter Chairman/Chairperson. 8.2 The NAMFREL Chapter COP shall ensure compliance with this Data Privacy Policy. The NAMFREL Data Privacy Officer (DPO) shall provide guidance to the NAMFREL Chapter COP whenever necessary or when the NAMFREL Chapter COP consults with the NAMFREL DPO. 8.3 NAMFREL Chapter Chairmen/Chairpersons may cause and direct the collection, use, processing, disclosure and sharing, retention and storage, and destruction and disposal of Volunteers’ personal information who are assigned to their respective Chapters only and only upon approval by the Secretary General subject to the authority granted by the NAMFREL Council. A copy of the Chapter’s Volunteers’ personal information, whether in paper-based or electronic format shall be forwarded to the NAMFREL Headquarters addressed to the attention of the Secretary General. 8.4 Volunteers’ personal information shall not be shared between NAMFREL Chapters. 8.5 If a NAMFREL Chapter needs to share its Volunteers’ personal information with 3rd parties, it shall only be for a defined purpose which shall in no way be commercial in nature. It shall be in accordance with data sharing rules. The purpose for which Volunteers’ personal information shall be shared shall be subject to review by the NAMFREL DPO and only upon approval by the Secretary General, subject to authority granted by the National Council. |
|
|
|
|
|
9.1 Personal Information Controller and Processor – NAMFREL is the personal information controller and processor represented by its Secretary General, Mr. Eric O. Alvia, who may be reached through the NAMFREL Secretariat. 9.2 Data Protection Officer – NAMFREL’s Data Privacy Officer (DPO) is Mr. Angel S. Averia, jr. who may be reached through the NAMFREL Secretariat. 9.3 For assistance or more information – The NAMFREL Secretariat may
be reached at: |
|
