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Exemption for Official Information of Public Servants
The factor "Data of government personnel" means that the law provides specific exemptions or considerations for personal data related to individuals who are or were officers or employees of government institutions. This factor typically limits the scope of data protection laws by excluding certain types of information about government personnel from the law's applicability.
For example, let’s see how this factor is applied in the Philippines:
Philippines - Data Privacy Act of 2012
Section 4(2)(a) states:"This Act does not apply to the following:
(a) Information about any individual who is or was an officer or employee of a government institution that relates to the position or functions of the individual, including:"
Key points:
- Exempts specific types of information about government officers or employees
- Applies to both current and former government personnel
- Limited to information related to the individual's position or functions
Section 4(2)(a)(1-4) further specifies the types of exempt information:"
(1) The fact that the individual is or was an officer or employee of the government institution;
(2) The title, business address and office telephone number of the individual;
(3) The classification, salary range and responsibilities of the position held by the individual; and
(4) The name of the individual on a document prepared by the individual in the course of employment with the government;"
Section 4(2)(b) extends the exemption to contractors:"(b) Information about an individual who is or was performing service under contract for a government institution that relates to the services performed, including the terms of the contract, and the name of the individual given in the course of the performance of those services;"
Key points:
- Applies similar exemptions to government contractors
- Covers information related to contracted services
- Includes contract terms and contractor names in the exemption