AT A GLANCE:
Under Section 2(J) of NPC Circular No. 2025-01, a vlogger refers to someone who makes video blogs or vlogs (recording of thoughts, ideas, or opinions on a subject) and posts them on the internet.
In Part I, we discussed the scope of NPC Circular No. 2025-01, the personal, family, or household affairs exception, and the lawful basis for processing personal data through body-worn cameras (BWCs) and alternative recording devices (ARDs). This part focuses on the specific obligations applicable to vloggers, particularly when recordings are uploaded, posted, published, or otherwise shared online. These include requirements on lawful processing, transparency, privacy notices, and masking the images of bystanders.
Who is considered a vlogger under NPC Circular No. 2025-01?
Under Section 2(J) of NPC Circular No. 2025-01, a vlogger refers to:
“someone who makes video blogs or vlogs (recording of thoughts, ideas, or opinions on a subject) and posts them on the internet.”
The Circular provides specific requirements for vloggers who use BWCs or ARDs to capture the images, audio, or videos of other persons for uploading, posting, publishing, or otherwise sharing online.
When does vlogging involve the processing of personal data?
Section 3(B) of NPC Circular No. 2025-01 provides that vloggers who use BWCs or ARDs to capture the image, audio, or video of persons for uploading, posting, publishing, or otherwise sharing online may be deemed to be engaged in the processing of personal data.
This may occur when vloggers record themselves eating, shopping, driving, biking, dancing, walking, or engaging in other video-recording activities in public or semi-public places where the images or audio-visual information of bystanders and other individuals may also be captured.
In these circumstances, vloggers must ensure that their personal data processing activities are conducted fairly and lawfully and that affected data subjects are able to exercise their data privacy rights.
What is the lawful basis for vloggers to process personal data?
Under Section 3(B)(1) of NPC Circular No. 2025-01, vloggers may generally rely on Section 12(f) of the Data Privacy Act of 2012 (DPA) as a lawful basis for processing personal data, to wit:
“(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.”
However, the Circular provides that in certain specific instances where sensitive personal information is captured, vloggers must have a lawful basis for processing under Section 13 of the DPA.
Accordingly, using BWCs or ARDs for vlogging does not exempt vloggers from establishing an applicable lawful basis for processing or complying with the requirements of the DPA.
What are the transparency and fairness requirements for vloggers?
Section 3(B)(2) of NPC Circular No. 2025-01 addresses situations where vloggers record themselves in action, such as eating, shopping, driving, biking, dancing, or walking, in public or semi-public places where the images or audio-visual information of bystanders or other individuals may be captured.
In these situations, vloggers shall ensure that their personal data processing activities are conducted in a fair and lawful manner and that affected data subjects are able to exercise their rights.
Must vloggers inform individuals before recording them?
Generally, and where appropriate in the given circumstances, such as interviewing specific individuals, vloggers must ensure transparency and provide adequate information to the data subjects prior to the commencement of any video recording activity, including the fact that the resulting footage will be uploaded, posted, published or otherwise shared online, and how they may exercise their data privacy rights.
Must vloggers maintain privacy notices on their online platforms?
Yes. Under Section 3(B)(2)(b) of NPC Circular No. 2025-01, vloggers shall maintain an appropriate privacy notice on all online platforms which shall provide details to affected data subjects on how to exercise their right to object, right to erasure, take down of posts, among others.
Are vloggers required to mask the images of bystanders?
Yes. Section 3(B)(2)(c) of NPC Circular No. 2025-01 expressly requires vloggers to use available technology that can mask images of bystanders, especially children and other vulnerable individuals.
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.
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