The Commission on Elections (Comelec) and its technology provider for the automated election system (AES) Smartmatic are not liable for the data privacy violations that occurred in 2022, the National Privacy Commission (NPC) stated.
The Commission on Elections and its technology provider for the automated election system Smartmatic are not liable for the data privacy violations that occurred in 2022, the National Privacy Commission stated.
According to the statement provided by Comelec spokesperson Atty. John Rex Laudiangco, CID alleged that the personal data breaches in the servers of Comelec and Smartmatic involved first, survey forms and second, overseas voters list. However, upon investigation, it was found that Comelec and Smartmatic are not liable for the Concealment of Security Breaches Involving Sensitive Personal Information under Section 30 of the Data Privacy Act .
The findings also of the NPC disclosed that, first, the breach does not involve sensitive personal information or information that may be used to enable identity fraud, and second, the unauthorized acquisition is not likely to give rise to a real risk of serious harm. “CID could not provide substantial evidence that directly links the alleged breach in Smartmatic’s servers to Comelec’s servers or system. Thus, Comelec may not be held liable for violation of Section 30 of the DPA in relation to the overseas voters list,” Laudiangco explained.
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