NPC finds that the respondent is liable for Section 32 (Unauthorized Disclosure) of the Data Privacy Act of 2012 and recommends his prosecution for the said offense.
Respondent cannot rely on compliance of a legal obligation because he disclosed Complainants’ personal information for a completely different purpose.
While it is necessary to process the delinquent unit owners’ personal information in order to assess and collect payments pursuant to a contract, the processing in the form of issuing the letter was neither necessary nor proportional. The purpose of the letter was not for the collection of delinquent dues. Rather, the evidence on record shows that respondent disclosed Complainants’ personal information as delinquent unit owners to cast doubt on their capability to manage the affairs of the condominium corporation in light of the recently held election of the Board of Directors.