The Data Privacy Act of 2012 in the Philippines excludes certain types of information related to government-issued licenses and permits from its scope of applicability.

Text of Relevant Provisions

DPA of 2012 Sec.4(2c):

"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;"

Analysis of Provisions

The provision explicitly exempts information related to discretionary financial benefits granted by the government from the scope of the Data Privacy Act. This exemption specifically includes:

1. Information about licenses and permits issued by the government
2. The name of the individual receiving the benefit
3. The exact nature of the benefit

The rationale behind this exemption is likely twofold:

1. Transparency in government operations: By excluding this information from privacy protections, the law ensures that details about government-issued licenses and permits remain accessible to the public.
2. Administrative efficiency: Exempting this information allows government agencies to process and manage license and permit data without the additional compliance burdens imposed by the Data Privacy Act.

It's important to note that the exemption is limited to "discretionary" benefits, suggesting that not all government-issued licenses or permits may fall under this exemption. The term "discretionary" implies that the government has some level of choice or judgment in granting these benefits, as opposed to benefits that are automatically granted based on meeting certain criteria.

Implications

This exemption has several implications for businesses and individuals:

1. Public accessibility: Information about government-issued licenses and permits, including the names of recipients, may be publicly available and not subject to data privacy protections.
2. Reduced compliance burden: Organizations processing data related to government-issued licenses and permits may not need to apply the full range of data protection measures required by the Data Privacy Act to this specific category of information.
3. Transparency in business operations: Companies holding government-issued licenses or permits should be aware that information about these benefits, including the company's name and the nature of the benefit, may not be protected under data privacy laws.
4. Potential for data sharing: Government agencies may have more flexibility in sharing or publishing information about issued licenses and permits, as this data is exempt from the Act's protections.
5. Limited scope: The exemption only applies to the specific information related to the discretionary benefit. Other personal data associated with the individual or entity that is not directly related to the license or permit would still be subject to the Data Privacy Act's protections.