Comelec, Smartmatic cleared of data privacy violations in 2022 polls

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Comelec, Smartmatic cleared of data privacy violations in 2022 polls
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The National Privacy Commission (NPC) has cleared the Commission on Elections and the Smartmatic Group of Companies of alleged violation of the Data Privacy Act (DPA) over the supposed breach of election data during the 2022 national and local polls.

The National Privacy Commission has cleared the Commission on Elections and the Smartmatic Group of Companies of alleged violation of the Data Privacy Act over the supposed breach of election data during the 2022 national and local polls.The 31-page decision was promulgated last September 22, 2022 but Laudiangco said they were only notified of the decision on Tuesday.

While it dismissed the case against the Comelec and Smartmatic, the NPC found former Smartmatic employee Ricardo Argana, a certain Winston Steward, and other unknown individuals to have violated Section 29 of the DPA. Argana said that when he went to the Comelec office for work, he gave access to his computer using an application through the internet while connected to Smartmatic servers in the last week of December 2021."The Commission notes that there is no evidence on record that shows that there was lack of reasonable and appropriate security measures that could have resulted in the breach. Smartmatic's servers or system being breached was caused by employee malfeasance.

However, the NPC found that the Comelec and Smartmatic are not liable for concealment and security breaches involving sensitive personal information under Section 30 of the DPA. The NPC said the breach on the survey forms does not involve sensitive personal information or information that may be used to enable identity fraud and its unauthorized acquisition is likely to give rise to a real risk of serious harm is also not present.

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