Decision Text

MIP ,

Complainant,

-versus-

COLLIERS INTERNATIONAL PHILIPPINES represented by

RDR, EDS, JSA, and ALA .

Respondent.

x----------------------------------------------------x

AGUIRRE , D. P.C. ;

Before this Commission is a Complaint filed by MIP (Complainant)

against Colliers International Philippines (Colliers), represented by

RDR , EDS , JSA and ALA for alleged violations of Republic Act No.

10173 or the Data Privacy Act of 2012 (DPA).

Facts

MIP is a current and active paying member of Ultima Residences

Condominium Corporation (URCC). 1 Colliers International

Philippines (Colliers) has been the property manager of URCC since

January 2018. 2 According to Colliers, it does not manage URCC since

URCC is managed by its own Board of Directors (BOD) .3 Meanwhile,

respondents EDS, ALA, and JSA are former property managers of

Colliers. 4

Affidavit/Complaint, 19 September 2019, at 1, in MIP v. Colliers International Philippines, NPC 19-1411 (NPC 2019).

Id.

Verified Comment, 03 June 2022, at 1, in MIP v. Colliers International Philippines, NPC 19-1411

(NPC 20 22 ).

Email from ARV to NPC Complaints and Investigation Division (CID), 16 May 2022, in MIP v.

Colliers International Philippines, NPC 19-1411 (NPC 20 22 ).

Data Privacy Act of

2012 NPC 19-1411

On 19 September 2019, MIP filed his Affidavit/Complaint against

Colliers, EDS, ALA, and JSA for alleged violation of Sections 25, 31,

32, and 33 of the DPA. 5

MIP alleged that Colliers does not have legal rights to manage URCC

because of a violation of Section 44 of Republic Act No. 11232 or the

Revised Corporation Code of the Philippines. 6 As such, MIP argues

that Colliers is not authorized to handle URCC’s owners’ and guests’

information. 7

MIP explained that Colliers collects information of the condominium

unit owners and their guests without their consent. 8 He recounted

that Colliers required “registration of contracts ” and the collection of

identification cards (ID) and passports of owners and their guests in

the lobby. 9 He also argues that Colliers had no “legitimate bases”

when it disclosed closed -circuit television ( CCTV ) recordings of him

during a URCC special meeting. 10

On 02 October 2018, URCC held a special meeting where it played

two (2) CCTV recordings showing MIP .11 The first video showed

MIP walking in the condominium premises while grabbing his own

suitcase. 12

MIP recalled that after the first video was shown, ALA and EDS

stated that MIP “trespassed into the condominium to take his bag.” 13

In a Memorandum dated 06 July 2018, however, the Property

Management Office (PMO) informed MIP that its security team

spotted MIP “twisting the CCTV units from its original position

facing [our] common hallways to a different angle opposite the

MIP v. Colliers International Philippines

aim.” 14 The PMO reported that MIP entered another homeowner’s

vacant unit and pulled out his black travel bag and small pail that he

left in the room .15

The second video showed MIP and another property owner walking

in the Property Management Office ( PMO ). 16

MIP claimed that Colliers violated the DPA during the meeting due

to its “malicious and unlawful disclosure of his personal information

and unauthorized processing of personal information and sensitive

personal information.” 17

MIP also claimed that EDS and ALA “conspired” to violate the

DPA. 18 MIP narrated that on 04 2018, SP, a member of the BOD,

emailed EDS and ALA stating:

A, can you please check our CCTV to see if we could catch these

culprits in action. Let’s print and post violators in the bulletin

and show the clip during the general assembly. 19

On 02 2022, the National Privacy Commission (NPC) , through

its Complaints and Investigation Division (CID) , issued an Order (To

File Verified Comment and Appear Virtually for Preliminary

Conference). 20 In the Order, the preliminary conference s were set for

07 June 2022 and 05 2022. 21

On 16 May 2022, Colliers sent a letter requesting a n extension of

fifteen (15) days to file its comment to give them “ample time to

review the documents and evidence [they have ] on file.” 22 Collier s

MIP v. Colliers International Philippines

also manifested that EDS , JSA , and ALA are no longer connected with

Colliers. 23

On 17 2022, Colliers filed a Motion for Extension of Time to File

a Verified Comment. 24 Colliers alleged that it has yet to engage the

services of a lawyer , and it still must go over pertinent documents

and files. 25 Colliers re iterated that EDS , JSA , and ALA are no longer

employees of the company. 26

On 20 May 2022, the CID issued an Order (Granting the Request for

Extension and the Motion for Extension of Time to File Verified

Comment). 27 Colliers was given until 03 June 2022 to file its verified

comment. 28

On 03 June 2022 , Colliers filed its Verified Comment. 29 At the outset,

Colliers emphasized that EDS , JSA , and ALA are no longer connected

with Colliers. 30

Colliers claimed that it did not violate the Corporation Code because

Colliers is the designated property manager of URCC .31 It explained

that URCC engaged Colliers’ property management services to

oversee the common areas of the condominium .32

Colliers added that questions on the engagement of Colliers is

beyond the NP C’s jurisdiction. 33 Further, Colliers stated that URCC

instructed the collection of personal data from people entering the

property to ensure the safety and security of its unit owners .34

According to Colliers, the condominium is not a public property so

access and entry to the premises is legally and validly regulated. 35

Colliers also attached a sample of a “ Move -In Form” , which is usually

accomplished by a registered owner or lessee to list a unit’s

occupants .36 Only those names written in the form will be allowed to

enter or have access to the unit , enter the common areas , and use the

common facilities of the condominium. 37 Further, guests of unit

owners were required to register and provide proof of their identities

“for the common security and safety” of the building’s occupants. 38

As for the disclosure of CCTV footage that depicted MIP , Colliers

clarified that the BOD’s investigation required the review of the

CCTV footage to “catch the culprits in action.” 39 Colliers emphasized

that the directive for the investigation was not aimed against any

specific individual but rather against those who may have violated

the URCC rules and regulations. 40

Colliers alleged that the administrative investigation through the

review of the CCTV footage was executed for a valid, legal, and

legitimate purpose, namely, an administrative investigation in

relation to accusations made by MIP against Colliers. 41 Colliers

reiterated that MIP ’s allegation that Colliers “conspired” to violate

Section s 31 and 32 of the DPA by “planning to authorize data

processing” is untenable. 42

According to Colliers the letter of URCC’s legal counsel dated 19

February 2019 to MIP shows the “root cause ” of the issu e.”43 In the

letter, URCC asserted that prior to the special meeting where the

CCTV footage was presented, MIP “fabricated a lie against the

Colliers’ PMO staff.” 44 URCC explained that MIP made

unsubstantiated claims against Colliers’ staff members that they

MIP v. Colliers International Philippines

“don’t show up for work on time” and that “they left the air

conditioners and lights turn on even after office hours.” 45 URCC also

insisted that MIP himself entered the PMO premises on a non -

working holiday, intentionally tried to turn around the CCTV camera

to an “off -direction”, turned on all the air conditioners and lights,

then proceeded to take a video of the empty office.“ 46 URCC stated

that MIP circulated these allegations to all URCC condominium unit

owners by sending a mass e -mail with an attached video depicting an

empty office. 47

URCC stated that the PMO informed MIP through a Memorandum

dated 06 July 2018 that its security team spotted him “twisting the

CCTV units from its original position facing [ their ] common hallways

to a different angle opposite the aim.” 48 The PMO reported that MIP

entered another homeowner’s vacant unit and pulled out his black

travel bag and small pail that he left in the room. 49

URCC argued that this was a plot crafted by MIP to support his

statement that Colliers is not fulfilling its responsibility. 50

In the letter, URCC also explained to MIP the reason it showed the

CCTV footage during the special meeting:

WHY WAS THE CCTV FOOTAGE OF YOU MAKING THE

VIDEO SHOWN AT THE SPECIAL MEETING?

At the meeting, this supposed “misconduct” of Colliers staff that

you authored was scrutinized and brought up by some

homeowners, so the concerned Colliers staff rightfully

defended themselves by relating the whole incident of your

scheme.

One homeowner asked for the CCTV footage to be shown, in

order to clarify on who between the two of you was telling the

truth. It was only then that Colliers showed it, not to discredit

you personally, but to bring out the truth of the matter. 51

MIP v. Colliers International Philippines

In its Verified Comment, Colliers stated that an investigation was

conducted and the viewing of the CCTV became necessary on

account of the “false accusations” made by MIP .52 Since the CCTV

footage contradicts MIP ’s allegations, MIP “now cries foul and

[claims] a violation of his privacy.” 53 It also pointed out that MIP is a

“notorious violator” of the rules , regulations , and policies of URCC ,

and legal actions that had been brought against him in court. 54

Colliers argued that it did not violate the provisions of the DPA

because there was “no malicious and unlawful disclosure made on

[MIP ’s] personal information.” Collier argued further that the

viewing of the CCTV footage was for a legitimate purpose, and it was

necessary “as it was done on account of an administrative

investigation conducted by URCC[.]”

Given the foregoing, Colliers prayed that the complaint be dismissed

for utter lack of merit. 55

On 0 6 2022, Colliers filed an Urgent Motion for Resetting dated

03 June 2022 .56 Colliers alleged that its counsel was already scheduled

to appear in a prior case and, therefore, cannot attend the scheduled

Preliminary Conference on 07 June 2022. 57

On the same day , MIP filed a Reply to Defendants [sic] Verified

Comment and Objections to “Defendant’s Urgent Motion for

Resetting ” dated 06 June 2022 .58

In his Reply, MIP alleged that Colliers ’ Verified Comment was based

on hearsay and had no first -hand witness or verification document .59

MIP v. Colliers International Philippines

MIP also argued that the annexes submitted by Colliers show

“several unverified [and] false allegations [and] doesn’t have

witnesses to prove it[.]” 60 MIP concluded that this proves the

defendants are “mishandling private data of URCC owners” as he

had alleged in his Affidavit/Complaint. 61

MIP further argued that since neither he nor other URCC owners

gave authority to Colliers to manage URCC, Colliers “never gained

the legal authority to manage, process or gather private owner data

of URCC owners or their guests’ visiting condos.” 62

As for the Move -In Form, MIP argued that Colliers failed to show

any policy or contract that requires such document for private

guests. 63 According to MIP , Colliers admitted that they are only

managing common areas, so they do not have authority to log

visitors’ information for private condos. 64 MIP stated Colliers was

“overreaching” by asking for IDs and other details from guests. 65

As for the letter from URCC’s legal counsel, MIP argued that it was

hearsay and speculation and only proved that Colliers and its

employees “maliciously displayed” his “private data” during a

public meeting. 66

MIP also objected to Colliers’ Urgent Motion for Resetting dated 03 June 2022, arguing that it was intended to delay the proceedings. 67

On 07 June 2022, the CID issued an Order (Granting the

Respondent’s Urgent Motion for Resetting and Resetting the 1st

Preliminary Conference from 07 June 2022 to 05 2022) .68 The first

preliminary conference was reset to 05 2022. 69

MIP v. Colliers International Philippines

On 08 2022, the CID issued an Order (Noting the Complainant’s

Reply to Defendants Verified Comment & Objection to Defendant’s

“Urgent Motion for Resetting” ).70

On 05 2022, both parties attended the first Preliminary

Conference. 71 Colliers’ counsel manifested that pursuant to A.M. No.

20 -12 -01 -SC on the guidelines on the conduct of videoconferencing,

MIP should indicate his whereabouts. 72 The CID r equired Colliers to

file a written motion regarding its request for MIP to disclose his

location within ten (10) days from receipt .73 The Preliminary

Conference was reset to a third schedule on 23 August 2022 to give

Colliers time to file the motion .74

On 06 June 2022, Colliers filed an Omnibus Motion praying that MIP

be directed to disclose his location:

However, during the proceedings, Complainant refused to

disclose his specific location. Accordingly, Respondents

requested from the Honorable Hearing Officer to require at

least for the said Complainant to disclose whether he is in the

Philippines or outside the Philippines, citing that if indeed

Complainant is outside the Philippines, then for him to

participate in the videoconference hearing, he must be in the

Philippine Embassy or Consulate office of the country or State

wherever he is during the proceedings.

…

WHEREFORE, premises considered, it is respectfully prayed

that an Order be issued directing Complainant to disclose his

location and if he is outside the Philippines, comply with the

provisions under A.M. No. 20 -12 -01 SC, more particularly, on

the filing the required motion to conduct the videoconferencing

at his end at an embassy or consulate of the Philippines. 75

MIP v. Colliers International Philippines

On the same day, MIP filed an Objection to Respondents Omnibus

Motion. 76 MIP claimed that A.M. No. 20 -12 -01 -SC is discretionary and

does not apply to administrative hearings , and that Colliers filed the

motion in bad faith .77

On 19 2022, the CID issued a Resolution (of Respondent’s

Omnibus Motion dated 06 June 2022 ).78 The CID resolved that parties

are required to disclose their location pursuant to NPC Advisory

2020 -02. 79

On 05 August 2022, MIP filed for a Motion for Discovery of

Evidence. 80 MIP requested that Colliers produce all the evidence

relating to the BOD investigation, CCTV footage, meeting records,

and URCC policies on obtaining visitors’ information in its

possession. 81

On 23 August 2022, both parties attended the second preliminary

conference where MIP disclosed that he was in Cleveland, Ohio. 82

During the second Preliminary Conference, MIP admitted that:

  1. Colliers is the property manager o f URCC ;

  2. He filed a complaint against Colliers PMO Staff before the

Colliers Ethics Committee in the United States ;

  1. MIP accused Colliers PMO staff of malversation and

misconduct in the management of URCC ;

  1. MIP resorted to name -calling the Board of URCC by saying that

it was inefficient, incapable, and a “Board of Deflectors” ;

MIP v. Colliers International Philippines

  1. There was a brawl between MIP and another URCC

homeowner that resulted in the filing of cases against MIP ;

and

  1. MIP received a Memo randum for repositioning the CCTV

cameras without the consent of the PM O.83

Colliers on the other hand, admitted that :

  1. EDS , JSA , ALA were its employees at the time of the acts

complained of ;

  1. The counsel for URCC and Colliers is the same, and that Atty.

RP used to work for the law firm hired by URCC and Colliers ;

and

  1. MIP was also ordered to submit a motion specifying documents

requested from Colliers .84

On 06 June 2022, the CID issued an Order to Mediate dated 20 May 2022. 85 The CID also issued a n Order (On the Error in the

Caption of the Orders issued after the Preliminary Conference). 86

On 25 October 2022, the CID issued a Notice of Non -Settlement of

Disput e.87

On 17 November 2022, the CID issued a Resolution (Partially

Granting the Motion for Discovery of Evidence dated 05 August 2022,

Lifting the Suspension of Complaints Proceedings, and Requiring the

Parties to Submit their Simultaneous Memoranda). 88 In the

Resolution, the CID required Colliers to submit the following

documents :

Item No. 4: Minutes, meetings, records and CCTV clips of an

alleged plan to post data of other URCC owners including

complainant

MIP v. Colliers International Philippines

Item No. 5: Minutes of URCC meeting altering house rules to

allow Colliers to post videos and information of owners on

bulletin boards.

Item No. 7. 1 Minutes of the meeting and documents presented

during the URCC Annual Board of Directors meeting held on 02

October 2018

Item No. 10: URCC policies, minutes, and resolutions requiring

Colliers to stop private guests and obtain information from

them, including ID and a sign -up sheet that includes the guest’s

phone number and address; 11. Documents showing a change

of managers from ALA to JSA

Item No. 12: CCTV video of the break -in at complainant’s condo

on 03 January 2019 at 8:00 PM and 04 January 2019 between 8:00

AM to 2:00 PM. 89

On 1 6 2022, Colliers filed a Manifestation (on the Directive

of Producing Certain Files and Document Sought in MIP ‘s Motion for

Discovery of Evidence dated August 5, 2022). 90 Colliers claimed that

the documents requested do not belong to Colliers and , thus, cannot

be procured ; and that it has no copies of the CCTV footage .91

On 17 2022, Colliers filed its Respondent’s Memorandum

dated 16 May 2022. 92 Colliers reiterated the arguments raised in

the Verified Comment dated 03 June 2022. 93

On the same day , MIP also filed his Memorandum. 94 He claimed that

Colliers failed to obey the Commission’s subpoena , EDS and JSA

created false reports against and destroyed evidence, and Colliers’

defenses should be disregarded for lack of witnesses, lack of

evidence, and for being hearsay. 95

MIP v. Colliers International Philippines

On 20 May 2022, the CID issued an Order (Noting the

Respondent’s Memorandum and Manifestation (On the Directive of

the Producing Certain Files and Documents Sought in the Motion for

Discovery of Evidence dated August 5, 2022) and Complainants ’

Memorandum 96

On 13 January 2023, MIP submitted a “Mane sfestation [sic] of Privacy

Abuses.” 97

In the submission , MIP stated that he was “filing a statement” against

URCC , another URCC owner and member. 98 MIP manifested that

URCC , through Colliers asked his guest to pay a n entrance fee for a

Move -In Form before the guest could move in .99 The form required

the guest’s ID , email address, phone number, and the names of the

occupants of the property. 100

MIP argued that he does not agree with Collier’s policy and that he

did not give consent to collect their tenants’ information or for Collier

to use the forms to charge them money 101 or Colliers only “use [d]

these forms just to charge money.” 102 He also stated that “no consent

was given to out block guests from our condo units, and “no rights

regarding data privacy was given to us.” 103 Finally, MIP asserted that

“stopping guests from entering ou r personal [condos] to demand

info, ID [and ] payment” is in violation of the DPA. 104

MIP narrated that this caused him sleepless nights and extreme

anxiety. 105 MIP prays that Colliers be liable for Sections 21, 32, and 33

MIP v. Colliers International Philippines

of the DPA as well as “punitive damages, moral damages and as legal

fees or as the Commission sees fit. ”106

Issue

I. Whether Colliers has a legitimate interest in the processing of

the personal information of URCC unit owners and their

guests.

II. Whether Colliers is liable under Section 25 (Unauthorized

Processing of Personal Information), Section 32 (Unauthorized

Disclosure), and Section 33 (Combination or Series of Acts) of the DPA.

Discussion

I. Colliers’ processing of personal information had lawful basis

under Section 12 (f) of the DPA.

Colliers processed the personal information involved according to a

lawful criterion provided under Section 12 (f) of the DPA. Section 12 (f) of the DPA allows for the processing of personal information when

it is necessary for the legitimate interests pursued by the Personal

Information Controller (PIC):

Section 12. Criteria for Lawful Processing of Personal Information .

The processing of personal information shall be permitted only

if not otherwise prohibited by law, and when at least one of the

following conditions exists:

…

(f) The processing is necessary for the purposes of the

legitimate interests pursued by the personal information

controller or by a third party or parties to whom the data is

disclosed , except where such interests are overridden by

fundamental rights and freedoms of the data subject which

require protection under the Philippine Constitution. 107

MIP v. Colliers International Philippines

In MIP ’s Complaint, he argues that Colliers violated the DPA when

it: (1) collected the personal information of the condominium unit

owners and their guests and (2) disclosed the CCTV footage of him

during the URCC special meeting. 108

With regard to the collection of personal information of owners and

guests, MIP alleged that:

Colliers has been collecting information of Owners guests,

including my guest without my permission or consent.

Requiring registration of Contracts [sic], asking for sensitive

information such as ID’s and passports photocopying them in

the lobby.

…

The management policy demands guests photocopy of ID, with

no actions safeguards their privacy.

…

Consent was not ‘freely given ’ (SEC. 3(B) & there is no

legitimate purpose showed for collecting ID photocopies by

management when I emailed complaints & letter by LBC to the

Respondents. 109

According to Colliers, the guests of the registered owner are required

to register and provide proof of their identities for the security and

safety of the building’s occupants. 110 It explained that the registered

owner or lessee of the condominium is required to accomplish a

“Move -In Form” that contains a list of the occupants of a unit .111 It

stated that it collects their personal information because only those

named in the form will be allowed to enter or have access to the unit

and the common areas of the condominium. 112

Section 3 (g) of the DPA defines personal information:

MIP v. Colliers International Philippines

Section 3. Definition of Terms. Whenever used in this Act,

the following terms shall have the respective meanings

hereafter set forth:

…

(g) Personal information refers to any information whether

recorded in a material form or not, from which the identity

of an individual is apparent or can be reasonably and

directly ascertained by the entity holding the information,

or when put together with other information would

directly and certainly identify an individual. 113

In this case, Colliers collected information such as the names of

guests, condominium unit numbers, name of owner/lessor, contact

numbers, name of tenant/lessee, email address, signature, the names

of the occupants and the ir relationship to the owners or lessors .114

These are considered personal information under Section 3(g) of the DPA.

Further, CCTV footage that captures visual images used to identify or

ascertain the identity of a person, is also classified as personal

information under Section 3 (g) .

In this case, Colliers disclosed two CCTV recordings . One CCTV

recording captured footage of MIP walking in the condominium

premises while grabbing his suitcase , and the other captured him and

another owner walking into the PMO . These are both considered

personal .

Section 3 (j) of the DPA defines processing:

Section 3. Definition of Terms. Whenever used in this Act, the

following terms shall have the respective meanings hereafter set

forth:

…

(j) Processing refers to any operation or any set of operations

performed upon personal information including, but not

limited to, the collection, recording, organization, storage,

MIP v. Colliers International Philippines

updating or modification, retrieval, consultation, use,

consolidation, blocking, erasure or destruction of data. 115

Prior to occupying a condominium unit, Colliers stated that it collects

the necessary personal information from its owners and tenants as

outlined in the Move -In Forms. 116 It also regularly collects the ID s of

the owners or guests to verify the identities of individuals listed in

the Move -In Forms. 117 Under Section 3 (j) of the DPA, the act of

collecting and verifying the names of the condominium unit owners ,

their tenants, and their guests is considered processing. Likewise, the

acts of and their guests and the recording and disclosing of the CCTV

footage are considered processing. The CCTV footage was used by

Colliers to directly ascertain MIP ’s identity and to issue the

Memorandum dated 06 July 2018 .118

Processing based on legitimate interest requires the fulfillment of the

following conditions: (1) the legitimate interest is established; (2) the

means to fulfill the legitimate interest is both necessary and lawful;

and (3) the interest is legitimate and lawful, and it does not override

fundamental rights and freedoms of data subjects. 119

A. Colliers established its legitimate interest in processing the

personal information of MIP and of the condominium unit

owners and their guests .

The first requisite for processing based on Section 12(f) of the DPA

requires that legitimate interest is established. 120 This focuses on what

the PIC seeks to accomplish with the specific processing activity. 121

To determine whether the legitimate interest has been established,

the PIC must comply with the general privacy principles of (1)

legitimate purpose and (2) transparency. 122

Section 11 of the DPA discusses legitimate purpose as follows:

MIP v. Colliers International Philippines

Section 11. General Data Privacy Principles. The processing of

personal information shall be allowed, subject to compliance

with the requirements of this Act and other laws allowing

disclosure of information to the public and adherence to the

principles of transparency, legitimate purpose and

proportionality.

Personal information must be:

(a) Collected for specified and legitimate purposes

determined and declared before, or as soon as reasonably

practicable after collection, and later processed in a way

compatible with such declared, specified and legitimate

purposes only;

…

(e) Retained only for as long as necessary for the fulfillment

of the purposes for which the data was obtained or for the

establishment, exercise or defense of legal claims, or for

legitimate business purposes, or as provided by law [.] 123

Further, Section 18 of the Implementing Rules and Regulations of the

DPA (IRR) provides:

Section 18. Principles of Transparency, Legitimate Purpose and

Proportionality. The processing of personal data shall be allowed

subject to adherence to the principles of transparency,

legitimate purpose, and proportionality.

…

b. Legitimate purpose. The processing of information shall

be compatible with a declared and specified purpose which

must not be contrary to law, morals, or public policy. 124

Hence, the legitimate purpose principle requires that: (1) the purpose

of processing must be specified; and (2) that purpose must not be

contrary to law, morals, or public policy. 125

MIP v. Colliers International Philippines

The first element of legitimate purpose requires that there should be

a specific purpose, such that the purpose of processing is clearly

defined and not vague or overbroad. 126 While this does not require an

exhaustive enumeration of each and every purpose that may possibly

apply to that processing activity, it must be specific enough for the

data subject to understand what is sought to be achieved by that

processing. 127

The second element of legitimate purpose requires the purpose to be

within the limitations of the law, which should be understood to

include the entire body of laws, rules, and regulations. 128

Additionally, the purpose of processing should not go against

prevailing morals or run counter to public policy. 129

In this case, Colliers specified that its purpose for processing the

information of the owners, and their guests was to update its records

and to maintain the security of its premises.

The Move -In Form attached by Colliers states that the purpose of

collecting information was to update the records of the members :

This is for member update purposes only . The information

contained herein is considered confidential and will not be

divulged to a third party without your prior consent. Please

have this form returned to the Administration Office after being

filled -up. 130

Further, Colliers stated that the names of the owners and the ir guest s

were collected to verify the identity of people who enter the premises

of the condominium property. 131 The Commission previously held

that maintaining the security of the premises and tenants of a

building is a legitimate interest. 132 Maintaining logbooks that contain

MIP v. Colliers International Philippines

the name of the guest, the date of visit, and the name of the tenant is

considered a common security practice in public and private

buildings. Such acts of r ecording personal information of guests may

be considered necessary for the purposes of monitoring all

individuals who enter URCC’s condominium property .

Hence, the collection of personal information by Colliers through the

Move -In Form was for a specified purpos e and it was not contrary to

law, moral s, or public policy.

With regard to the CCTV footage, Colliers specified that its purpose

for processing MIP ’s personal information was to facilitate the

investigation conducted on the basis of his allegations :

[T] he view of the CCTV footage was for a legitimate purpose

and the same was necessary as it was done on account of an

investigation conducted by URCC to determine whether the

accusation of the Complainant against herein Respondent was

true or not. 133

To recall, Colliers stated that MIP was responsible for sending a mass

email accusing Colliers employees and staff members of “not doing

their job.” 134 In his email, MIP accused Colliers’ staff members’ of

“poor management and performance.” 135 Thus, a special meeting was

held with the URCC property owners and Colliers staff to address

MIP ’s allegation of “misconduct” of Colliers staff members. 136

Colliers explained that there was an investigation conducted by a

member of URCC’s BOD concerning violators of the rules of URCC

and that the investigation required the review of the CCTV to “catch

these culprits in action.” 137

He nce , the processing through disclosure of the CCTV footage is for a

specified purpose , and it was not contrary to law, morals, or public

policy .

MIP v. Colliers International Philippines

The general privacy principle of transparency requires that th e PIC’s

interest is communicated to the data subject. 138 This principle requires

that a PIC should inform the data subject of the nature, purpose, and

extent of the processing, using clear and plain language that is easy to

understand. 139

Section 18 of the Implementing Rules and Regulations of the DPA

(IRR) elaborates on transparency :

Section 18. Principles of Transparency, Legitimate Purpose and

Proportionality . The processing of personal data shall be

allowed subject to adherence to the principles of transparency,

legitimate purpose, and proportionality.

a. Transparency. The data subject must be aware of the

nature, purpose, and extent of the processing of his or her

personal data, including the risks and safeguards involved,

the identity of personal information controller, his or her

rights as a data subject, and how these can be exercised. Any

information and communication relating to the processing

of personal data should be easy to access and understand,

using clear and plain language. 140

As previously discussed, Colliers clearly and adequately

communicated to the homeowners its claimed interest in processing

the homeowner’ s personal information when it declared that the

Move -In D orm was for “member update purposes only.” 141 This

includes the registration of lessees and visitors, and their respective

contact details.

As for the disclosure of the CCTV footage showing MIP , Colliers

explained in its Verified Comment that it informed MIP and the other

homeowners that the special meeting was specifically called to

address the allegations of misconduct and poor work performance in

MIP ’s email. 142

MIP v. Colliers International Philippines

Since Colliers communicated its specific purpose for processing the

personal information to MIP and to the URCC unit owners and their

guests, and such purpose is not contrary to law, morals, or public

policy, it established its legitimate interest.

Therefore, Colliers established its legitimate interest and satisfied the

first requisite based on Section 12(f) of the DPA.

B. The means that Colliers used to fulfill the legitimate interest

were both necessary and lawful.

The second requisite of processing based on Section 12 (f) of the DPA

is that the means to fulfill the legitimate interest is both necessary and

lawful. 143 For this requisite, the PIC must show that the means or the

specific processing activity undertaken is (1) necessary and (2)

lawful. 144 The PIC must evaluate how it intends to accomplish the

legitimate interest it has previously established.

The Commission previously held that the qualifier “necessary” refer

to the general privacy principle of proportionality. 145 Following this

principle, the processing must be adequate, relevant, suitable, and

necessary, such that it is not excessive in relation to the declared and

specified purpose. 146

Section 11 of the DPA provides:

Section 11. General Data Privacy Principles. The processing of

personal information shall be allowed, subject to compliance

with the requirements of this Act and other laws allowing

disclosure of information to the public and adherence to the

principles of transparency, legitimate purpose and

proportionality.

Personal information must, be:

MIP v. Colliers International Philippines

…

(c) Accurate, relevant and, where necessary for purposes for

which it is to be used the processing of personal information ,

kept up to date; inaccurate or incomplete data must be rectified,

supplemented, destroyed or their further processing restricted;

(d) Adequate and not excessive in relation to the purposes for

which they are collected and processed [.] 147

Section 18 of the Implementing Rules and Regulations of the DPA

(IRR) elaborates on proportionality:

Section 18. Principles of Transparency, Legitimate Purpose and

Proportionality. The processing of personal data shall be

allowed subject to adherence to the principles of transparency,

legitimate purpose, and proportionality .

…

c. Proportionality. The processing of information shall be

adequate, relevant, suitable, necessary, and not excessive in

relation to a declared and specified purpose. Personal data

shall be processed only if the purpose of the processing could

not reasonably be fulfilled by other means. 148

Given this, the processing is proportional when the (1) processing is

adequate, relevant, and necessary to the declared and specified

purpose; and (2) means by which processing is performed is the least

intrusive means available. 149

In this case , the collection of the personal information of the owners

and their guests was relevant and necessary to fulfill URCC’s

directive to maintain safety on the premises of the property managed

by Colliers .

As previously established, the BOD of URCC required and instructed

Colliers to collect the personal information of persons entering the

MIP v. Colliers International Philippines

condominium to “ensure the safety and security of all the unit

owners.” 150 Colliers argued that the condominium is not a public

property, and the common areas of the property remain to be

privately owned. 151

The processing was also not excessive since Colliers limited the

collected information to names, the condominium unit number

concerned, contact numbers, email address, signature, and

relationship to the owners or lessors . Individuals entering the

premises were requested to show proof of their identity to ensure

that only those named in the Move -In Form would be able to access

the facilities and common areas. After being filled up, the Move -In

Form was then returned to the Administration Office. 152 Colliers

emphasized that this was also to ensure the safety of the unit owners

in the condominium, and that it was not disclosed to other parties.

Further, MIP did not establish or even allege that Colliers process ed

the owners’ and guests’ personal information further in order to

confirm it matches the name provided in the Move -In documents

submitted by the unit owners. Therefore, Colliers adopted the least

intrusive means possible to accomplish its legitimate interest .

As for the disclosure of the CCTV footage showing MIP , Colliers

disclosed the CCTV footage during the special meeting held for the

purpose of addressing the concerns of the homeowners and the staff

members of Colliers. 153

In the letter to MIP , Colliers stated that the CCTV footage was shown

upon the persuasion of a homeowner who wanted to “bring out the

truth of the matter” :

One homeowner asked for the CCTV footage to be shown, in

order to clarify on who between the two of you was telling the

truth. It was only then that Colliers showed it, not to discredit

you personally, but to bring out the truth of the matter. 154

In that instance, Colliers disclose d the footage to all those present at

the special meeting because it was necessary and relevant to the

purpose of verifying the CCTV footage . During that time, Colliers’

act of verifying the CCTV footage during the special meeting was

necessary to determine the accuracy of the claims made by MIP in his

email. 155 Further, the showing of the CCTV footage was the least

intrusive, and most suitable and prompt thing to do to belie the

accusations made by MIP himself.

The second element of legitimate purpose requires the purpose to be

within the limitations of the law, which should be understood to

include the entire body of laws, rules, and regulations. 156

Additionally, the purpose of processing should not go against

prevailing morals or run counter to public policy. 157

Section 11 of the DPA provides:

Section 11. General Data Privacy Principles. The processing of

personal information shall be allowed, subject to compliance

with the requirements of this Act and other laws allowing

disclosure of information to the public and adherence to the

principles of transparency, legitimate purpose and

proportionality.

Personal information must, be:

…

(b) Processed fairly and lawfully [.] 158

Here, as previously established the collection of the personal

information of the unit owners, tenants, and guests through the

Move -In Form and upon entering the premises, was conducted

lawfully and without any coercion or pressure from Collier s. Colliers’

act of monitoring access and entry to the property following the

instructions of the URCC BOD falls within its duty as property

manager.

MIP v. Colliers International Philippines

As for Colliers’ disclosure of the CCTV footage, it was intended to

validate the truthfulness of MIP ’s claims involved showing the CCTV

footage . This objective of determining truthfulness did not violate

any existing law or regulation, company policy, or contractual

agreem ent between URCC as the company and MIP as a property

owner .

Therefore, the means used by Colliers to fulfil its legitimate interest

were necessary and lawful.

C. Colliers’ interest is legitimate and lawful, and it does not

override fundamental rights and freedoms of the data

subject.

The third requisite for processing based on legitimate interest under

Section 12 (f) of the DPA is that the interest is legitimate and lawful,

and it does not override fundamental rights and freedoms of data

subjects. 159 This requisite focuses on the effect or impact of

accomplishing the legitimate interest such that it does not override

the fundamental rights and freedoms of the data subjects .160

A determination of the effect of accomplishing legitimate interest

requires an analysis of the totality of the three (3) requisites. 161 Given

that the legitimate interest of the PIC has been established, and the

PIC’s means to fulfill that legitimate interest is both necessary and

lawful, it must now be determined whether the processing

undertaken does not override Complainants’ fundamental rights and

freedoms. 162

In determining the impact of the PIC’s processing based on legitimate

interest, aside from the categories of personal information that are

processed, the Commission considers the general privacy principle of

MIP v. Colliers International Philippines

fairness and the reasonable expectation of the data subjects regarding

the processing of their personal information. 163

Section 11 (b) of the DPA states that the personal information must be

processed fairly :

Section 11. General Data Privacy Principles. The processing of

personal information shall be allowed, subject to compliance

with the requirements of this Act and other laws allowing

disclosure of information to the public and adherence to the

principles of transparency, legitimate purpose and

proportionality.

Personal information must, be:

…

(b) Processed fairly and lawfully[.] 164

Section 19 of the Implementing Rules and Regulations of the DPA

(IRR) elaborates on fairness:

Section 19. General principles in collection, processing and retention.

The processing of personal data shall adhere to the following

general principles in the collection, processing, and retention of

personal data:

…

b. Personal data shall be processed fairly and lawfully.

  1. Processing shall uphold the rights of the data subject,

including the right to refuse, withdraw consent, or object.

It shall likewise be transparent, and allow the data subject

sufficient information to know the nature and extent of

processing.

  1. Information provided to a data subject must always be in

clear and plain language to ensure that they are easy to

understand and access.

  1. Processing must be in a manner compatible with

declared, specified, and legitimate purpose.

  1. Processed personal data should be adequate, relevant,

and limited to what is necessary in relation to the

purposes for which they are processed.

  1. Processing shall be undertaken in a manner that ensures

appropriate privacy and security safeguards .165

To reiterate, Colliers’s act of collecting the names of the owners and

guests was made for the purpose of verifying whether persons

entering and staying at the condominium property are occupants,

tenants, or guests. This stems from its duty as property manager to

implement the instructions of the BOD to monitor access and entry

for the safety and security of the unit owners. Since it is a standard

security practice when individuals enter private buildings and

property, the processing does not exceed the data subjects’

reasonable expectation of privacy. Moreover, the collected

information enables Colliers to identify unauthorized individuals

and enforce rules and regulations effectively. Maintaining a record of

who enters the property is necessary to maintain security and sa fety,

and for proper management of the condominium and its facilities .

Further, the dis closure of the CCTV footage during the meeting was

done to aid the ongoing administrative investigation being

conducted by URCC , which stemmed from the accusations made by

MIP himself against the staff members of Colliers. It was aligned with

the legitimate business objective sought by both Colliers staff and

property owners, which was to verify the accuracy of MIP ‘s claims

against them.

As such, the disclosure did not contravene the principle of fairness

because it was shown to the homeowners to whom the mass email

was sent and who themselves requested for it to be shown.

The interest of Colliers in protecting its managed property and in

addressing the accusations made by MIP about its employees is

legitimate and does not override the fundamental freedoms of the

data subjects, including MIP . This legitimate interest does not, in any

way, disregard MIP ’s fundamental rights and freedoms of as a data

subject.

Given the foregoing , Colliers was able to clearly establish its

legitimate interest in processing by collecting the personal

information of tenants and visitors, and by disclosing the CCTV

footage showing MIP . Both acts of processing were lawfully

conducted and necessary , and neither overrode the fundamental

rights and freedoms of the data subjects .

In sum, for processing based on Section 12 (f) of the DPA to apply,

the PIC must comply with three (3) requisites. The first requisite

focuses on what the PIC is accomplishing and the legitimate purpose

that has been communicated to the data subject. The second requisite

refers to how the PIC is accomplishing the legitimate interest, such as

the means chosen or the specific processing activity undertaken,

which should be necessary and lawful. Finally, the third requisite

considers the effect of accomplishing the legitimate interest, such that

it does not override the fundamental rights and freedoms of the data

subjects.

In this case, Colliers complied with all three requisites for processing

based on legitimate interest. It clearly established the legitimate

interest in collecting personal information through the Move -In

Forms and in disclosing the CCTV footage showing MIP . The

processing was lawfully conducted and were necessary to maintain

security of the building and to address the claims made by MIP .

Further, its acts did not go beyond what could be reasonably

expected by the data subjects, including MIP , when they entered and

utilized the premises of the URCC condominium.

Given that all three requisites for processing based on legitimate

interest under Section 12 (f) are present, Colliers processed personal

information with lawful basis.

II. Colliers did not violate Section s 25 and 32 of the DPA

Colliers is n either liable for Section 25 of the DPA on Unauthorized

Processing of Personal and Sensitive Personal Information nor

Section 32 of the DPA on Unauthorized Disclosure.

A. Colliers is not liable under Section 25 of the DPA

(Unauthorized Processing ).

Section 25 of the DPA on Unauthorized Processing of Personal and

Sensitive Personal Information provides: NPC 19-1411

MIP v. Colliers International Philippines

Section 25. Unauthorized Processing of Personal Information and

Sensitive Personal Information. (a) The unauthorized processing

of personal information shall be penalized by imprisonment

ranging from one (1) year to three (3) years and a fine of not less

than Five hundred thousand pesos (Php500,000.00) but not

more than Two million pesos (Php2,000,000.00) shall be

imposed on persons who process personal information without

the consent of the data subject, or without being authorized

under this Act or any existing law.

(b) The unauthorized processing of personal sensitive

information shall be penalized by imprisonment ranging from

three (3) years to six (6) years and a fine of not less than Five

hundred thousand pesos (Php500,000.00) but not more than

Four million pesos (Php4,000,000.00) shall be imposed on

persons who process personal information without the consent

of the data subject, or without being authorized under this Act

or any existing law. 166

Under Section 25, a PIC or PIP may be held liable for Unauthorized

Processing of Personal Information and Sensitive Personal

Information if it processes personal data without consent or lawful

basis under the DPA or any applicable law. The elements for

Unauthorized Processing are :

  1. The perpetrator processed the information of the data subject;

  2. The information processed was personal information or

sensitive personal information;

  1. The processing was done without the consent of the data

subject, or without being authorized under the DPA or any

existing law. 167

In this case, Colliers processed the personal information of the

owners and guests of the condominium property when it asked for

proof of their identity. Colliers also processed MIP ’s personal

information when it recorded and disclosed the CCTV footage of him

during the special meeting. Thus, the first and second elements are

present.

MIP v. Colliers International Philippines

As previously established , however, the processing was authorized

under the DPA. Collier s’ act of process ing the personal information

of its owners , including MIP , and their guests was made pursuant to

a legitimate interest under Section 12 (f) . As such, the third requisite

of Section 25 of the DPA is absent .

B. Colliers is not liable under Section 32 of the DPA

(Unauthorized Disclosure ).

Section 32 of the DPA on Unauthorized Disclosure provides:

Section. 32. Unauthorized Disclosure. (a) Any personal

information controller or personal information processor or any

of its officials, employees or agents, who discloses to a third

party personal information not covered by the immediately

preceding section without the consent of the data subject, shall

be subject to imprisonment ranging from one (1) year to three

(3) years and a fine of not less than Five hundred thousand

pesos (Php500,000.00) but not more than One million pesos

(Php1,000,000.00).

(b) Any personal information controller or personal

information processor or any of its officials, employees or

agents, who discloses to a third party sensitive personal

information not covered by the immediately preceding section

without the consent of the data subject, shall be subject to

imprisonment ranging from three (3) years to five (5) years and

a fine of not less than Five hundred thousand pesos

(Php500,000.00) but not more than Two million pesos

(Php2,000,000.00). 168

Section 32 makes a reference to the “immediately preceding section”

or Section 31 on Malicious Disclosure, which reads:

Section 31. Malicious Disclosure. – Any personal information

controller or personal information processor or any of its

officials, employees or agents, who, with malice or in bad faith,

discloses unwarranted or false information relative to any

personal information or personal sensitive information obtained

by him or her, shall be subject to imprisonment ranging from

one (1) year and six (6) months to five (5) years and a fine of not

less than Five hundred thousand pesos (Php500,000.00) but not

more than One million pesos (Php1,000,000.00) .169

MIP v. Colliers International Philippines

The following requisites must concur for there to be a finding of

malicious disclosure:

  1. The perpetrator is a personal information controller or

personal information processor or any of its officials,

employees, or agents;

  1. The perpetrator disclosed personal or sensitive personal

information;

  1. The disclosure was with malice or in bad faith; and

  2. The disclosed information relates to unwarranted or false

information. 170

A PIC or PIP may be held liable under Section 31 for Malicious

Disclosure if it discloses unwarranted or false personal information or

sensitive personal information with malice or in bad faith. 171 The

absence of either the third or fourth requisite, or both requisites

distinguishes Malicious Disclosure and Unauthorized Disclosure.

In this case, the disclosure does not fall under Malicious Disclosure

since the third and fourth requisites are absent. Since both requisites

are absent , the disclosure falls under Section 32 on Unauthorized

Disclosure. 172

There was no showing that the collection of personal information of

owners and tenants through the Move -In Form and the disclosure of

the CCTV footage was malicious or done in bad faith. As previously

discussed, the collection of personal information was to maintain

security of the premises. The disclosure was made during a special

meeting in response to allegations raised by MIP himself, and the

footage was directly relevant to clarifying the facts of the matter.

Moreover, the information was not unwarranted or false as the CCTV

footage recorded events that took place without fabrication. Thus, t he

disclosure was not malicious nor done in bad faith and the

information disclosed is not unwarranted or false information.

Given that the disclosure was not malicious nor done in bad faith and

the information disclosed is not unwarranted or false information , the

disclosure does not fall under Section 31 on Malicious Disclosure.

C. Processing without a lawful basis is a common requisite of

Section 25 and Section 32 of the DPA.

As previously established, there was a lawful basis for processing the

CCTV footage under Section 12 (f) of the DPA.

Processing personal information without a lawful basis is a common

requisite of Unauthorized Processing under Section 25 and

Unauthorized Disclosure under Section 32 of the DPA.

In determining whether Unauthorized Processing occurred, the

following requisites should be present:

  1. The perpetrator processed the information of the data subject;

  2. The information processed was personal information or

sensitive personal information; and

  1. The processing was done without the consent of the data

subject, or without being authorized under the DPA or any

existing law. 173

Since the processing had lawful basis under Section 12 (f) of the DPA

and was thus authorized under the DPA , Colliers is not liable under

Section 25 of the DPA on Unauthorized Processing of Personal or

Sensitive Personal Information for failure to fulfill the third requisite

In determining whether Unauthorized Disclosure occurred, the

following requisites should be present:

  1. The perpetrator is a personal information controller or

personal information processor;

  1. The perpetrator disclosed information;

  2. The information relates to personal or sensitive personal

information;

  1. The perpetrator disclosed the personal or sensitive personal

information to a third party;

  1. The disclosure was without any of the lawful basis for

processing, consent or otherwise, under Sections 12 and 13

of the DPA; and

  1. The disclosure is neither malicious nor done in bad faith or

the information disclosed is not unwarranted or false

information. 174

Since there is lawful basis for Colliers’ act of disclosure, as previous ly

established, the fifth requisite is absent. Hence, Colliers is not liable

under Section 32 of the DPA on Unauthorized Disclosure.

To summarize, the third requisite of Section 25 of the DPA

(Unauthorized Processing) requires that the processing be without

the consent of the data subject or without authority under the DPA or

any existing law. 175 Meanwhile, the fifth requisite of Section 32 of the DPA (Unauthorized Disclosure) provides that the processing of the

information was without any of the lawful basis for processing,

consent or otherwise, under Sections 12 (f) of the DPA. 176 Since there

is lawful basis for processing, then the third requisite of Section 25 of the DPA and the fifth requisite of Section 32 of the DPA are not

present.

In this case, Colliers complied with all three requisites for processing

based on legitimate interest. It clearly established the legitimate

interest in processing the personal information of the owners and

their guests and the disclosure of the CCTV footage during the

special meeting . Collecting the personal information of both owners

and guests pursuant to its objective of maintaining security on its

premises is a legitimate interest. Meanwhile, t he disclosure of the

footage was lawfully conducted and was necessary to verify the

accuracy of the claims made by MIP .

Given the foregoing, the Commission cannot find Colliers, RDR , EDS ,

JSA , and ALA liable for violating Section 25 (Unauthorized

Processing) and Section 32 (Unauthorized Disclosure) of the DPA.

Consequently, they are also not liable under Section 33 (Combination or Series of Acts) of the DPA.

WHEREFORE, premises considered, this Commission resolves that

the instant Complaint filed by MIP against Colliers International

Philippines (Colliers) represented by RDR, EDS, JSA, and ALA is

hereby DISMISSED for lack of merit.

This is without prejudice to the filing of appropriate civil, criminal or

administrative cases against Colliers, before any other forum or

tribunal, if any.

SO ORDERED.

City of Pasay, Philippines.

12 March 202 4.

Sgd.

LEANDRO ANGELO Y. AGUIRRE

Deputy Privacy Commissioner

WE CONCUR:

Sgd.

JOHN HENRY D. NAGA

Privacy Commissioner

Sgd.

NERISSA N. DE JESUS

Deputy Privacy Commissioner

Copy furnished:

MIP

Complainant NPC 19-1411

MIP v. Colliers International Philippines

SIU RINEN LATRAS LAW FIRM

Counsel for Respondent

COMPLAINTS AND INVESTIGATION DIVISION

ENFORCEMENT DIVISION

GENERAL RECORDS UNIT