Are Security Guards allowed to take your IDs?

Every time one enters into a subdivision, condominium or any similar establishment, you might find yourself surrendering your driver’s license or any other government issued ID to the guard on duty.

This, however, should not be the practice. In this regard, NPC Circular 2022 – 03 is authoritative. The said circular provides for the guidelines for Private Security Agencies of the Proper Handling of Customer and Visitor Information which seeks to address several reports received by the NPC concerning the apparent disregard of some security guards of the data privacy rights of customers, visitors, and other data subjects and the need to inform and acquaint the Private Security Agencies (PSAs) and Security Guards with the proper processing of personal data during the performance of their duties to avoid violating the rights of data subjects under the Data Privacy Act of 2012.

Section 5 (B) of the Circular highlights the Obligation of the PSAs who act as Personal Information Processors to observe the general principle of Proportionality where in it states to wit:

B. Proportionality. For purposes of ascertaining the identity of an individual, PSAs and authorized security guards shall not access, record, copy or otherwise collect ay sensitive personal information such as date of birth, government-issued ID numbers, images of government-issued IDs, nor shall they keep ID cards containing sensitive personal information

However, PSAs and authorized security guards may be allowed to examine a government- issued ID within a reasonable time: provided, that there is prior sufficient explanation to the data subject of the necessity of processing sensitive personal information for that purpose: provided further, that the government-issued ID shall not be kept by the PSA or authorized Security Guards.

It is apparent in this provision that security guards are prohibited from keeping your government- issued ID for the purpose of identification and entry. What is allowed, however, is for the security personnel to examine a government issued ID within reasonable time, so as to not retain the sensitive personal information contained therein.

This Circular finds support in HLURB A.O. 03-17 Section 12.1 wherein it prohibits the Homeowner’s Association or Condominium to require the driver of any vehicle entering the subdivision or condominium to surrender their driver’s license as the sole authority to require the surrender of the driver’s license is lodged in the Land Transportation Office (LTO).

In the same vein, Philippine National Police, Supervisory Office for Security and Investigation Agencies (SOSIA) issued SOSIA Memorandum dated June 15, 2020 which likewise reiterates that the Homeowner’s Associations and security guards of subdivisions, villages and condominiums are not authorized under traffic laws to take custody, even on a temporary basis, the license issued by the LTO.