NextGen Day

MANILA, Philippines – The Court of Appeals (CA) has allowed a petition filed by a local vehicle dealer challenging a National Privacy Commission (NPC) judgment concerning an identity theft case.

The CA 3rd Division granted Toyota Shaw, Inc.’s petition and set aside the NPC’s 2017 order requiring the dealer to respond to alleged violations of Republic Act (RA) 10173, or the Data Privacy Act, in an 18-page ruling dated February 21 and just made available online.

The complainant, Dunstant Egar, did not file the lawsuit within six months of the claimed data breach, did not pay the required filing costs, and did not comply with other filing procedures, such as having his allegation validated or placed under oath.

The court concluded that “a government entity’s breach of its own regulations and the core precept of due process is an egregious abuse of discretion.”

The dispute began in 2015, when Egar went to a Toyota dealership to purchase a van.

He completed a credit application form, submitted photocopied identification documents, and paid a PHP5,000 reservation charge.

He changed his mind a few days later and was compensated PHP5,000, but his documents were not revoked.

He later received calls from a bank reminding him of his unpaid amortizations, and when he asked for a loan, he discovered that he had records of non-payment from another bank.

Toyota stated that a brand-new van had been released with Egar’s name on it as the purchaser, but it had no information on who had actually received the vehicle and paid the down payment.

Despite the fact that Egar’s case was only an inquiry, the NPC treated it as a formal complaint when he emailed it to the commission in 2017.

The dismissal of the order is “without prejudice to the NPC taking further action pursuant with RA 10173 on the facts asserted in the complaint,” according to the CA.

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