Imagine driving down the highway, knowing that every toll booth and surveillance camera is being monitored. What happens when regulators request access to these cameras? Should you be concerned about your privacy?

On December 20, 2024, the National Privacy Commission (NPC) issued Advisory Opinion No. 2024-018 to address this very question. The Toll Regulatory Board (TRB) sought access to real -time footage from toll operators’ Closed-Circuit Television (CCTV) systems, raising questions about data privacy and legal boundaries. Here’s what the ruling means for you.

The Background: Surveillance vs. Privacy Concerns

A toll road operator denied a request to share its CCTV feed for the TRB’s Tollway Surveillance Monitoring Information System (TSMIS) project. The operator argued that:

• Lack of Consent: Motorists didn’t agree to share their information.
• Data Privacy: Section 18 of the Data Privacy Act (DPA) suggests using alternative means without releasing personal data.
• Current Updates: The operator already shares traffic updates through TV, radio, Twitter, and its app—deeming a “live feed” unnecessary.

However, the TRB argued that it has full authority over toll operations, including CCTV installation, under Presidential Decree No. 112. It also claimed that it would not collect or process any personal information.

The NPC’s Key Findings

1. No Collection of Personal Information: The NPC determined that CCTV footage showing only license plates doesn’t reveal enough to identify an individual, meaning it’s not considered “personal information” under the DPA.
2.  TRB’s Authority is Valid: Since the TRB is tasked with regulating toll roads, accessing CCTV footage is necessary to fulfill its public function. This falls under the DPA’s “Special Cases” provision, which allows for the collection of information needed to perform public duties.

Privacy Measures to Protect Motorists

To ensure transparency, the NPC recommended that the TRB and toll operators display clear privacy notices near CCTV areas. This step will help inform drivers that the footage is being monitored and explain its intended use.

What Does This Mean for You?

For motorists, the decision strikes a balance between public safety and privacy. While toll regulators can access CCTV footage to monitor road conditions and ensure compliance, they are not allowed to collect identifiable personal information without proper safeguards.

The full advisory offers more detailed guidance, ensuring that all parties stay within the boundaries of the law. Ultimately, it’s all about making highways safer while respecting your right to privacy.