NPC Rules Of Procedure:
Advisory Opinions

The National Privacy Commission (“NPC”) issued NPC Circular No. 18-01 dated 10 September 2018 which provides the rules of procedure on requests for advisory opinions on matters relating to data privacy or data protection.

The Circular mandates that requests for advisory opinions be commenced by a letter request addressed to the Privacy Commissioner and Chairman. Likewise, the Circular enumerates issues that may be the subject of an advisory opinion as well as that may not be accommodated by the NPC. Further, the Circular elucidates that if during the pendency of the request for advisory opinion, a complaint has been filed before the NPC Complaints and Investigation Division, the complaint shall be given precedence and the request for advisory opinion previously filed shall be held in abeyance.

The Circular clarifies that an issued opinion shall not be used as a standing rule binding on the NPC and the general public. Neither shall any advisory opinion be used to adjudicate issues, impose sanctions or award damages.