AIR PASSENGERS’ RIGHTS | Makabayan lawmakers seek magna carta for air passengers after air traffic systems mess

January 12, 2023 , 04:50 PM

By Clarist Zablan

(January 12, 2023) – A group of lawmakers on Thursday re-filed the “Magna Carta of Air Passengers” bills to protect passengers, after thousands were left stranded at local and international airports when the country’s air traffic system failed on New Year’s day.

The left-wing Makabayan bloc, led by ACT Teachers Congresswoman France Castro, filed the measure in the lower house, saying this will be “useful” for air passengers who want to file cases of neglect against civilian air authorities.

“We need a law that would truly protect airline passengers and also serve as a deterrent to sloppy and inefficient work practices in the airline industry that caused the shutdown in NAIA last New Year’s Day,” Castro said in a statement.

Based on the proposed measure, the passengers’ rights to have full and truthful information on the conditions of the contract of carriage, fair and reasonable fare and to the full value of the service they purchased, protection from discrimination, safety, and redress and compensation.

It also includes a provision stating that an air carrier would face suspension of its franchise or license if it fails to comply with their obligations to passengers. Grave and repetitive violations would also be a ground for revocation of their franchise or license.

The measure seeks to replace a 2012 joint administrative order issued by the trade and industry department and the now-dissolved transportation and communication department, which established a Bill of Rights of Air Passengers and Airline Obligations.

Makabayan Bloc said the administrative order has been “ineffective” at addressing the problems faced by air passengers such as long queues, overbooking, and cancellation of flights.

“The purpose of this special law is to provide a less expensive and faster remedy to victims and at the same time serve as a warning to airline companies to respect the rights of their passengers,” the bill’s explanatory note read.

The measure was previously filed during the 16th Congress by lawmakers of Bayan Muna Party-list, another party-list group from the Makabayan Bloc.

In the upper house, a public hearing has been opened on the “technical glitch” that shut down the Philippines’ airspace, affecting over 300 local and international flights and disrupting the travel of over 65,000 passengers on New Year’s Day.

Senator Grace Poe, who chairs the public services committee in the upper chamber, said the inquiry will focus on finding out who is responsible for the incident, and seeking the government’s plans to prevent similar incidents from happening again in the future.

President Ferdinand Marcos Jr. has apologized for the incident. He also assured that the country’s airports and air carriers are now “back to normal operations.

(MM)

Privacy Statement

Our Privacy Commitment

TV5 Network Inc. values and respects your privacy. We are committed to safeguarding your personal data in compliance with Republic Act No. 10173 or the Data Privacy Act of 2012 and its implementing rules and regulations.

We have developed a Privacy Policy that adopts and observes appropriate standards for personal data protection. While our Privacy Policy sets out the general principles governing the collection, use, and disclosure of our users’ personal information, our Privacy Commitment seeks to inform you more about TV5’s privacy practices.

Why do we collect your personal information (as applicable)?

We may collect and maintain basic information about you as site user of TV5 sites for the following purposes:

To deliver news and updates on current events, sports, esports and entertainment;
To share livestreams of news and sports events;
To understand our viewers’ needs and preferences;
To meet legal and regulatory requirements; and
To perform other processes or disclosures that are required to comply with pertinent laws, rules, or regulations.

Where do we get your personal information?

There are several ways we collect your personal information.

Information that you personally provided.

Most of the personal information we have are those that you have provided us when you:
- Register to our programs or services;
- Inquired, filed a complaint or requested for our services;
- Took part in our research and surveys; and/or
- Became our Partner, Vendor, Contractor or Supplier.

Information we collect during your engagement with us

We also collect information as you use our products and services, like:
- Viewing our websites;
- Activities that are being tracked by our website cookies;
- Calling our hotline;
- Using our apps, websites, and self-service channels and portals; and/or
- Joining our promos, prize raffles, or rewards and loyalty programs.

Information we collect from other sources

Other means of collection of information may be through:
- Our market research initiatives;
- When you visit and use our websites and mobile application; and
- Subsidiaries, affiliates, and third-party business partners to whom you have given consent to share your information to us.

When do we disclose personal information?

There may be instances when we are required to share the information you provided us. In such cases, we ensure that your personal information will be disclosed on a confidential manner, through secure channels and in compliance with the Data Privacy Act and other privacy laws.

We will never share, rent, or sell your personal information to third parties outside of TV5 except in special cases where you have given consent, and in cases described in our privacy policy.

In some instances, we may be required to disclose your personal information to our agents, subsidiaries, affiliates, business partners and other third-party agencies and service providers as part of our regular business operations and for the provision of our programs and services. This means we might share your information with our service providers, contractors, and professional advisers who help us provide our services.

How we protect your personal information

The integrity, confidentiality, and security of your information is important to us. We have implemented technical, organizational, and physical security measures that are designed to protect your information from unauthorized or fraudulent access, alteration, disclosure, misuse, and other unlawful activities.

We also put in effect the following safeguards:

We keep and protect your information using a secured server behind a firewall, encryption and security controls;
We keep your information only for as long as it is necessary for us to (a) provide the products and services that you avail from us, (b) for our legitimate business purposes, (c) to comply with pertinent laws, and (d) for special cases that will require the exercise or defense of legal claims;
We limit the access to your information only to qualified and authorized personnel who are trained to handle your information with strict confidentiality;
We undergo regular audits and rigorous testing of our infrastructure’s security protocols to ensure your data is always protected;
We promptly notify you and the National Privacy Commission when sensitive personal information that may, under the circumstances, be used to enable identity fraud are reasonably believed to have been acquired by an unauthorized person; and
We let you update your information securely to keep our records accurate.

TV5 will not collect, use, or disclose your personal information for any purpose other than the purpose that you may have given your consent for.

What are your choices?

We make sure that we have your consent to continue to collect, use, and disclose your personal information for the purposes that we have identified. We want you to know that you may object or withdraw your consent and/or edit your consent preferences at any time.

If you wish to have access to the personal information in our custody or if you think that the personal information you provided is incomplete, or otherwise inaccurate, you may get in touch with our Data Protection Officer through the contact details provided below. In some instances, we may request for supporting documents or proof before we effect requested changes.

Data Protection Officer
TV5 Network Inc.
Reliance corner Sheridan Streets
Mandaluyong City
tv5dataprivacy@tv5.com.ph

What happens when there are changes in our Policy?

From time to time, we may update our privacy policy and practices to comply with changes in applicable laws and regulatory requirements, adapt to new technologies and protocols, and align with the best practices of the industry.

You will be provided notices if the changes are significant and, if we are required by law, we will obtain your updated consent.