Securities and Exchange Commission

Gonzales 07:35 AM, Jun 13, 2022

June 13, 2022

Dear Sharmyne,

Thank you for your request dated Jun 12, 2022 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Harrassment of online lending apps and breach of data privacy act.

We received your request on Jun 12, 2022 and will respond on or before Jul 01, 2022 08:57:23 AM, in accordance with the Executive Order's implementing rules and regulations.

Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://pcoomaster10182017140000-dot-efoi-ph.appspot.com/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEFNFQy04MzI4NDk1OTY3ODIM, for request with ticket number #SEC-832849596782.

Thank you.

Respectfully,

Isma Gonzales
FOI Officer

Gumtang- Remalante 06:13 PM, Jun 17, 2022

June 17, 2022

Dear Sharmyne Leyson,

Greetings!

Thank you for your request dated Jun 12, 2022 08:57:23 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your Request

You asked for Harrassment of online lending apps and breach of data privacy act.

Response to Request

Your FOI request may indicate possible violation of the SEC Memorandum Circular No. 18, series of 2019, on the Prohibition on Unfair Collection Practices. In this regard, you may file a formal complaint with us by following the instructions below:

1. To File a Formal Complaint Against a Lending or Financing Company
Download and fill out the Complaint Form completely and accurately: https://www.sec.gov.ph/wp-content/uploads/2021/04/2021FORM_Updated-Complaint-Form.docx

2. Provide the necessary attachments, namely:
a. relevant documents and evidence that will support your claim/s or allegation/s ( e.g. screenshots of text messages and conversations with the financing/lending company);
b. loan agreement (if any);
c. valid government-issued ID; and
d. evidence/proof that you have exhausted all remedies against the company concerned before filing your complaint with the SEC.

3. Indicate the following personal information of the complainant in the complaint form:
a. personal e-mail address;
b. personal contact number/s; and
c. address (in the Philippines) where you may be furnished a copy of letter/s and order from the Commission.

4. Use the below format in the subject head of e-mail in sending the complaint form to cgfd_md@sec.gov.ph:
COMPLETE  NAME_RESPONDENT COMPANY _SUBJECT OF COMPLAINT
(ex: JUAN DELA CRUZ_ABC LENDING_DISCLOSURE STATEMENT VIOLATION)
 
5. Submit one complaint form per respondent company.
 
For more information, refer to this link: http://www.sec.gov.ph/lending-companies-and-financing-companies/complaints/

As to your issues on data privacy violation or violations of Republic Act No. 10173, or the Data Privacy Act of 2012, please contact:

Atty. Michael R. Santos
Chief, Complaints and Investigation Division
National Privacy Commission
 
Address: 5th Floor Delegation Building, PICC Complex, Roxas Boulevard
E-mail:  complaints@privacy.gov.ph; hearings@privacy.gov.ph
Landline: 02-8-2342228 loc 114 or 115
Mobile Number: 0905-5061478 (Globe); 0970-8180555 (Smart)

Your right to request a review
 
If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to Commission Secretary at comsec@sec.gov.ph. Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 calendar days from the date when we receive your review request.
 
If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011).
 
Thank you.

Respectfully,

Atty. Rachel Esther Gumtang- Remalante
FOI Receiving Officer