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Compliance with the Data Privacy Act of 2012

Insurance Circular Letter No. 054-17 • Other Rules and Procedures • Insurance Commission • Dec 1, 2017

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December 1, 2017 INSURANCE CIRCULAR LETTER NO. 054-17 TO : All Health Maintenance Organizations (HMOs) Doing Business in the Philippines SUBJECT : Compliance with the Data Privacy Act of 2012 It has come to the attention of this Commission that there are certain Health Maintenance Organizations (HMOs) sharing sensitive personal data to third persons in violation of the provisions of R.A. No. 10173 otherwise known as the Data Privacy Act of 2012. Therefore, pursuant to the authority of the Insurance Commission vested under Executive Order (EO) No. 192, Series of 2015 to regulate and supervise the HMOs and to protect HMO members' right to privacy, all HMOs are enjoined to comply with the rules provided under the Data Privacy Act, its implementing rules and regulations and all applicable issuances of the National Privacy Commission. Thus, all HMOs are directed to refrain from disclosing personal information gathered directly from the subject, on its own or through personal information processor, without prior consent from data owners. The Insurance Commission shall report any and all violations of the Data Privacy Act to the National Privacy Commission. This Circular shall take effect immediately. (SGD.) DENNIS B. FUNA Insurance Commissioner

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