NPC-18-152-MRS-v-NCMB-Pseudonymized-16Dec2020-ADJ1.pdf -...

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Republic of the Philippines NATIONAL PRIVACY COMMISSION MRS, Complainant, -versus- NPC Case No. 18-152 For: Violation of the Data Privacy Act of 2012 NATIONAL CONCILIATION AND MEDIATION BOARD (NCMB) AND DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE) Respondents. x----------------------------------------x DECISION AGUIRRE , D.P.C.: Before this Commission is a Complaint filed by Complainant MRS against Respondents National Conciliation and Mediation Board (NCMB) and Department of Labor and Employment (DOLE) for an alleged violation of Republic Act No. 10173 (“Data Privacy Act”). The Facts Sometime in August 2013, Complainant filed a complaint against her employer for nonpayment of her 13 th month pay upon termination of her employment. With the help of Respondents, the settlement between Complainant and her employer was completed in her favor. In her complaint, Complainant narrates: I had the impression that this mediation effort of DOLE was private until I searched my name on Google and my name appearing on the search in this link describing my alleged 5 th Floor Delegation Building, PICC Complex, Pasay City 1307 URL: Email Address: [email protected] constructive dismissal. x x x The article describes my complaint to DOLE and how it was resolved. Although the term “alleged” was
NPC 18-152 MRS v. NCMB Decision Page 2 of 6 5 th Floor Delegation Building, PICC Complex, Pasay City 1307 URL: Email Address: [email protected] used, it is still damaging to me because it has affected my job applications after that because all they understand is I have a bad record when I thought this was resolved when I was asked to file a resignation instead. 1 She attached to her Complaint the article entitled “NCMB settles labor issues; 10 workers receive P215K thru SENA”. The pertinent portion of the article reads: “These worker -complainants were attended to by our conciliator mediators, acting as single entry assistance desk officers find mutually acceptable and beneficial solutions to their complaints,” [NCMB Executive Director] said.

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