Can personal information controllers protect privileged information from being used as evidence?
Yes, personal information controllers have the legal ability to formally invoke the principle of privileged communication over sensitive information they lawfully control or process. Once successfully invoked, any gathered evidence heavily relying on this privileged information generally becomes completely inadmissible in relevant proceedings. However, if the privileged communication is the main subject of a breach investigation, it may be selectively disclosed to the Commission without entering the official records. This complex dynamic concerning legal privilege is governed by Section 23 IRR. “Section 23. Extension of Privileged Communication. Personal information controllers may invoke the principle of privileged communication over privileged information that they lawfully control or process. Subject to existing laws and regulations, any evidence gathered from privileged information is inadmissible.” 22-May-26About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
