The Public License and Permit Information Exemption factor is used in determining data protection laws applicability by excluding from the scope of data protection laws information related to discretionary benefits of a financial nature granted by the government, such as licenses or permits.

Provision Examples

"DPA of 2012 Sec.4(2c) in Philippines: This Act does not apply to the following: (c) Information relating to any discretionary benefit of a financial nature such as the granting of a license or permit given by the government to an individual, including the name of the individual and the exact nature of the benefit;"

Description

The Public License and Permit Information Exemption factor is incorporated into laws to limit the application of data protection laws to situations where the government grants discretionary benefits of a financial nature, such as licenses or permits. The rationale behind this exemption is likely to facilitate the government's ability to process and disclose information related to these benefits without being subject to the same data protection requirements as other types of personal data.

As seen in the example from the Philippines' Data Privacy Act of 2012, this exemption is specifically carved out to exclude information related to licenses or permits granted by the government from the scope of the Act. "This Act does not apply to the following: (c) Information relating to any discretionary benefit of a financial nature such as the granting of a license or permit given by the government to an individual, including the name of the individual and the exact nature of the benefit;"

This exemption is not unique to the Philippines, as other jurisdictions may have similar provisions. However, the specific language and scope of the exemption may vary across different jurisdictions.

Implications

The Public License and Permit Information Exemption factor has implications for businesses that process information related to government-granted licenses or permits. In the Philippines, for example, a company that processes information related to a government-granted license or permit would not be subject to the same data protection requirements as other types of personal data.

Illustrative business-related situations where this exemption may apply include:

• A company that provides services to the government for the processing of license applications
• A business that receives information related to government-granted permits as part of its operations

In these situations, the company would not be required to comply with the same data protection requirements as other types of personal data, such as obtaining consent from the individual or providing access to the information.