The right to rectify

A government employee resigned from her agency with a period with premium payments of 20.49 years. The employee’s birthdate indicated in her Government Service Insurance System (GSIS) records is 30 June 1959. However, her National Statistics Office (NSO) authenticated Certificate of Live Birth shows 30 June 1952 as her birthdate. Her birthdate will determine when she will start receiving her monthly pension – in 2019 if based on the GSIS record, and in 2012 if based on her birth certificate. She, thus, invoked her right to rectify her personal data under the Data Privacy Act of 2012.

If the organization does not yet have a system or form for data rectification, you must execute a written request to the organization, addressed to its Data Protection Officer (DPO), and have it received. In the letter, mention that your request is being made in exercise of your right to object under the Data Privacy Act of 2012. Documents to support your request must be attached. The DPO must act on your written request. In case you feel your request have not been addressed satisfactorily, you may file a formal complaint before the NPC, attached therewith your request letter to the DPO.

Some organizations already have their system or form for data rectification. For instance, the Social Security System (SSS) only requires their members to accomplish SSS Form E-4 or the Member Data Change Request Form and submit with it the supporting documents. The needed supporting documents vary depending on the personal data that you want corrected (i.e. for correction of name and birthdate – PSA/NSO-authenticated birth certificate or valid passport, for correction of name due to naturalization – Certificate of Naturalization issued by the Philippine Department of Foreign Affairs, identification certificate issued by the Philippine Bureau of Immigration, and any foreign government- issued ID cards and/or documents showing the new name).

For organizations, click here to view a sample of a personal data rectification form.