BOTITE, Jessa Mae M.

LAW 360 May 26, 2021

BSOA_III

FINAL EXAM:
TRUE or False:
1. True 11. False 21.True
2. True 12. False 22. True
3. False 13. False 23. True
4. False 14. False 24. True
5. False 15. False 25. False
6. True 16. False 26. True
7. True 17. True 27. False
8. True 18. True 28. False
9. True 19. True 29. False
10. True 20. True 30. False

IDENTIFICATION:
1. Personal Information
2. National Privacy Commission
3. RA 10173 or the Data Privacy Act
4. Personal Data
5. Processing of Personal Information
6. RA 10173
7. Personal information controller
8. Breach
9. Data Subject
10. Privileged information
11. Labor Law
12. Regular Employee
13. Copyright
14. Overtime Work
15. Night Differential Pay
16. Fixed-Term Employment
17. Proportionality
18. Marks
19. Patentable Inventions
20. Doctrine of Fair Use
ESSAY:
1. Maria is a clerk‐typist in Gracia San Jose, a charitable institution dependent for its
existence on contributions and donations from well-wishers. She renders work 10
hours a day but has not been given overtime pay since her place of work is a
charitable institution. Is Maria entitled to overtime pay? Explain

 YES, Maria is entitled to Overtime Pay despite working in a charitable institution

because, she does not fall under any of the exceptions to the coverage of Art. 82,
under the provisions of hours of work. The Labor Law is equally applicable to
non-profit institutions, thus, a covered employee who works beyond 8 hours is
entitled to Overtime Pay. And if she believe that she have been denied wage
benefits, it is important to consult an experienced unpaid overtime lawsuit
attorney about her possible case.

2. Hospicio De San Miguel is charitable hospital in La Trinidad, Benguet. As a

healthcare provider, most of the data process are considered sensitive personal
information. Can Hospicio De San Miguel share information about their COVID-19
patients? Explain.

 NO, the hospital cannot share those sensitive personal information because, they
do not fall under any of the exceptions of Section 13 in Chapter III regarding the
processing of sensitive personal information and privileged information. In
addition, according to the required agreement of the act, the law requires that
when sharing data, the sharing be covered by an agreement that provides adequate
safeguards for the rights of data subjects, and that these agreements are subject to
review by the National Privacy Commission. Thus, the hospital cannot share the
information about their COVID-19 patients unless it is agreed upon that it
provides safety to their right and if the agreement is not reviewed by the National
Privacy Commission.