CCTV | Compliance on Law and Data Privacy

 

Is it legal to install CCTV on a do it yourself setting in the Philippines?

PD 1096, the National Building Code of the Philippines (NBCP)

3. LEGAL COMPLIANCE
3.1 Section 301 of the NBCP provides that “NO PERSON, FIRM OR CORPORATION, INCLUDING ANY AGENCY, OR INSTRUMENTALITY, OF THE GOVERNMENT SHALL ERECT, CONSTRUCT, ALTER, REPAIR, MOVE, CONVERT OR DEMOLISH ANY BUILDING OR STRUCTURE OR CAUSE THE SAME TO BE DONE WITHOUT FIRST OBTAINING A BUILDING PERMIT THEREFORE FROM THE BUILDING OFFICIAL ASSIGNED IN THE PLACE WHERE THE SUBJECT BUILDING IS LOCATED OR THE BUILDING WORK IS TO BE DONE.” 

The NBCP also specifies the documentary requirements to be submitted as well as the general processes that local governments have to follow in approving the building permit application. 

3.2 Section 309 of the NBCP provides that “NO BUILDING OR STRUCTURE SHALL BE USED OR OCCUPIED AND NO CHANGE IN THE EXISTING USE OR OCCUPANCY CLASSIFICATION OF A BUILDING OR STRUCTURE OR PORTION THEREOF SHALL BE MADE UNTIL THE BUILDING OFFICIAL HAS ISSUED A CERTIFICATES OF OCCUPANCY THEREFOR AS PROVIDED…” 

a. Ancillary Permit
The Ancillary permits duly signed and sealed by the corresponding professionals
and the plans and specifications shall be submitted together with duly notarized application for Building Permit. 

THE BUILDING PERMIT IS NULL AND VOID IF NOT ACCOMPANIED BY THE ANCILLARY PERMITS. xXx. 

The Ancillary Permits includes,
ELECTRONICS PERMIT

There are still local government units and agencies who allow unlicensed individuals to design, install, and other scope and practices in violation to RA 9292, the Electronics Engineering Law of 2004.

There are memorandum circulars that support these.

1. Board of Electronics Engineer Memorandum Circular no. 2009-23 – Rules and Regulation Implementing the Philippines Electronics Engineering Act of 2004. 

2. Department of Public Work and Highways DPWH 30 April 2005, Memorandum Circular No. 01. 

3. Presidential Decree No. 1096 (PD 1096), National Building Code of the Philippines. 

4. Department of the Interior and Local Government Memorandum Circular No. 2013 01 

5. Department of Public Works and Highways, National Building Code Development Office, NBCDO Memorandum Circular No. 01 series of 2005 

The use of closed circuit television, including the design and installation, is not without legal and ethical considerations, governed by a framework of laws, rules, and regulations designed to balance security needs with individual privacy rights. 

Our fundamental right to privacy is enshrined in the 1987 Constitution, which provides that the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable.

The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.

The Data Privacy Act of 2012, or Republic Act No. 10173, (DPA) came into effect on Sept 8, 2012, and it outlines the principles, standards, and rights concerning the processing of personal information. Under this law, personal information must be collected only for a specified and legitimate purpose, and the data subjects must be informed of the nature, purpose, and extent of data processing.

Persons and entities that have installed CCTV systems must identify the legitimate purpose and consider its impact on the rights and freedoms of data subjects. They are reminded that the capture, use, retention, and destruction of video and/or audio footage obtained from CCTVs are forms of personal data processing under the Data Privacy Act.

Legitimate purpose for CCTVs include compliance with the law or regulation, security of properties, protection of interests of individuals, and public order and safety.

CCTV systems in households are considered purely for personal and family affairs. These are private spaces and are not included in the coverage of the NPC Advisory. Despite this, users of these systems must keep in mind the rights of every individual to privacy.

when the camera faces outward and captures images beyond an individual’s property such as public spaces, the system shall not be considered as for purely personal and household purposes, such system will be expected to comply with the DPA and the NPC Advisory.

Public spaces refer to generally open and accessible to the public, such as highways, streets, footbridges, parks, plazas, sidewalks, and other similar areas. Semi-public spaces refer to areas that may be privately owned, but are accessible to the public during operating hours, including banks, educational institutions, hospitals, malls, offices, restaurants, transport stations, offices, shops, and similar establishments.

There is a need to strike a delicate balance between security concerns, building codes, electronics engineering law and privacy protections, and we can expect that these guidelines will continue to be adjusted in the future.

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