Data Privacy Rights (Mechanics for Complaints)

Exhaustion of Remedies

Those who wish to file a complaint must comply with the exhaustion of remedies. This means that in filing the complaint, the complainant has informed, in writing the respondent of the privacy violation or personal data breach to allow respondent to address the same and the respondent did not take timely or appropriate action, or there is no response within fifteen (15) calendar days from receipt of written information from the complainant.

Proof of this must be attached to the complaint.

Attachment of Evidence

Complaints that are not sufficient in form and in substance may cause the outright dismissal of the complaint.12 To avoid this, complaints filed before the NPC must comply with the form and contents specified in the NPC Rules of Procedure.

Further, complaints must be accompanied by supporting documents and affidavits as evidence.

Complaints with insufficient evidence may be dismissed outright.

Question: How can the complainant further provide complete evidence to support his/her claim? What does the exhaustion of remedies mean? Give an example.