Lending App Harassing a Minor and Relatives: How to File NPC and NBI Complaints in the Philippines

Introduction

In the Philippines, the proliferation of online lending applications has brought convenience to borrowers but also significant risks, particularly when these platforms engage in unethical collection practices. Harassment by lending apps, such as incessant calls, threats, public shaming via social media, or unauthorized contact with relatives and friends, is a common complaint. When such harassment targets a minor or involves their relatives, it raises additional concerns under child protection laws and data privacy regulations. This article provides a comprehensive guide on addressing these issues through complaints filed with the National Privacy Commission (NPC) and the National Bureau of Investigation (NBI). It covers the legal framework, grounds for complaints, required evidence, filing procedures, potential outcomes, and related remedies, all within the Philippine legal context.

The focus here is on harassment stemming from debt collection by lending apps, which often violates Republic Act No. 10173 (Data Privacy Act of 2012) and may intersect with other laws like Republic Act No. 10175 (Cybercrime Prevention Act of 2012), Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act), and anti-harassment provisions under the Civil Code. Victims, including minors or their guardians, can seek redress to stop the harassment, protect personal data, and hold perpetrators accountable.

Legal Basis for Complaints

Violations Under the Data Privacy Act (RA 10173)

The NPC oversees complaints related to misuse of personal information. Lending apps often require access to borrowers' contacts, location data, and other sensitive information during loan applications. Harassment occurs when collectors use this data to contact relatives or employers without consent, or to send threatening messages. Key violations include:

Unauthorized Processing of Personal Data: Sharing or using contact details of relatives (who are not parties to the loan) without their explicit consent.
Breach of Data Subject Rights: Failure to respect rights to information, access, correction, or erasure of data.
Involving a Minor: If the borrower is a minor (under 18 years old), processing their data requires parental consent. Harassment directed at a minor could also violate Section 10 of RA 10173, which mandates heightened protection for sensitive personal information, including data about children.

Penalties for violations can include fines up to PHP 5 million per offense and imprisonment from 1 to 6 years, depending on the severity.

Cybercrime and Harassment Under RA 10175 and Related Laws

The NBI handles criminal aspects, particularly if harassment involves cyber elements. Common offenses include:

Cyber Libel or Online Threats: Posting defamatory content about the borrower or relatives on social media to shame them.
Unauthorized Access or Computer-Related Fraud: If the app hacks into devices or misuses data obtained through deceptive means.
Violation of Anti-Harassment Laws: Under Article 26 of the Civil Code (right to privacy) or Republic Act No. 11313 (Safe Spaces Act), which covers gender-based online sexual harassment. If relatives are targeted, it may constitute unjust vexation under Article 287 of the Revised Penal Code.
Child-Specific Protections: For minors, RA 7610 prohibits psychological violence, including threats or intimidation. If the app targets a minor borrower or their family, it could be child abuse, punishable by imprisonment and fines.

Additionally, the Securities and Exchange Commission (SEC) regulates lending companies under Memorandum Circular No. 19, Series of 2019, which prohibits unfair collection practices like threats or public humiliation. Violations here can support NBI investigations.

When Harassment Targets Relatives

Relatives who are not borrowers but are contacted or harassed have standing to file complaints as data subjects whose privacy was breached. This is common in "contact bombing," where apps flood contacts with messages about the borrower's debt, leading to emotional distress and reputational harm.

Gathering Evidence

Before filing, compile robust evidence to strengthen your case. Essential items include:

Screenshots or recordings of harassing messages, calls, or posts (with timestamps and sender details).
Call logs showing frequency of contacts.
Loan agreement and privacy policy from the app, highlighting consent clauses.
Affidavits from affected parties (e.g., the minor, parents, or relatives) detailing the harassment's impact.
Proof of the borrower's age if a minor (birth certificate).
Any prior complaints or cease-and-desist letters sent to the app.

Preserve digital evidence without alteration to maintain admissibility under the Rules on Electronic Evidence (A.M. No. 01-7-01-SC).

How to File a Complaint with the National Privacy Commission (NPC)

The NPC handles administrative complaints for data privacy breaches. Filing is free and can be done online or in person.

Eligibility and Grounds

Any data subject (borrower, minor, or relative) affected by the breach can file. Grounds must show a violation of RA 10173, such as unauthorized data sharing leading to harassment.

Step-by-Step Filing Process

Prepare the Complaint Form: Download the NPC Complaint Form from their website (privacy.gov.ph). Include:
- Complainant's details (name, address, contact).
- Respondent's details (lending app's name, address, representatives if known).
- Narrative of facts, including how data was obtained and misused.
- Specific violations cited (e.g., Sections 11-16 of RA 10173).
- Relief sought (e.g., cease processing, data deletion, damages).
Attach Evidence: Include all gathered documents. If involving a minor, note parental/guardian involvement.
Submit the Complaint:
- Online: Via the NPC's e-Complaint Portal on their website. Upload the form and attachments.
- In Person: At the NPC office in Pasay City or regional offices. Bring two copies.
- By Mail: Send to NPC's main office.
Verification and Notarization: The complaint must be verified (sworn under oath) and notarized if filed physically.
Processing Timeline: NPC acknowledges receipt within 5 days. Investigation may take 30-60 days, involving mediation or hearings. If probable cause is found, it proceeds to adjudication.
Possible Outcomes: Orders to cease harassment, delete data, pay fines, or refer to DOJ for criminal prosecution. Complainants may receive damages if malice is proven.

If the complaint involves a minor, NPC coordinates with the Department of Social Welfare and Development (DSWD) for child protection.

How to File a Complaint with the National Bureau of Investigation (NBI)

The NBI investigates criminal complaints, especially cybercrimes. This is suitable for severe harassment with threats or fraud.

Eligibility and Grounds

Victims or their representatives (e.g., parents for minors) can file. Grounds include violations of RA 10175, RA 7610, or penal laws.

Step-by-Step Filing Process

Prepare the Complaint-Affidavit: Draft a sworn statement detailing:
- Personal details of complainant and respondent.
- Chronology of events, including harassment specifics.
- Laws violated.
- Supporting evidence list.
Gather Requirements:
- Valid ID (e.g., passport, driver's license).
- Evidence as outlined earlier.
- If a minor is involved, parental consent or presence.
File the Complaint:
- In Person: Visit the NBI Cybercrime Division in Quezon City or regional offices (e.g., in Cebu, Davao). No filing fee for initial complaints.
- Online: Use the NBI's e-Complaint system on their website (nbi.gov.ph) for preliminary submission, followed by in-person verification.
- Walk-ins are accepted, but appointments via hotline (02-8523-8231) are recommended.
Initial Assessment: NBI reviews the complaint. If viable, they assign an agent for investigation, which may include subpoenas, device seizures, or witness interviews.
Processing Timeline: Initial evaluation within days; full investigation 1-3 months. If evidence supports, NBI endorses to the prosecutor's office for inquest or preliminary investigation.
Possible Outcomes: Arrest warrants, criminal charges, or case dismissal. Successful cases can lead to imprisonment (e.g., 6 months to 6 years for cyber libel) and fines. For minors, protective custody or counseling may be ordered.

Coordinate with the Philippine National Police (PNP) Anti-Cybercrime Group if NBI is inaccessible, as they handle similar cases.

Additional Remedies and Considerations

Civil Actions

File a civil suit for damages under Article 26 of the Civil Code in the Regional Trial Court. Seek moral damages for distress caused by harassment.

SEC Complaints

Report unregistered or abusive lending apps to the SEC via their Enforcement and Investor Protection Department (enforcement@sec.gov.ph). This can lead to app shutdowns.

Involving Minors: Special Protocols

Guardians must file on behalf of minors.
Agencies like DSWD or the Council for the Welfare of Children may intervene.
Under RA 9344 (Juvenile Justice Act), minors cannot be held criminally liable for debts, shifting focus to app accountability.

Preventive Measures

Review app privacy policies before borrowing.
Report apps to Google Play/Apple App Store for policy violations.
Use debt counseling services from the Credit Information Corporation.

Challenges and Tips

Anonymity of Apps: Many operate offshore; provide app details for tracing.
Multiple Victims: Class actions are possible for widespread harassment.
Legal Aid: Free assistance from Public Attorney's Office (PAO) or Integrated Bar of the Philippines (IBP) for indigent complainants.

Conclusion

Harassment by lending apps, especially involving minors and relatives, is a serious infringement on privacy and dignity, addressable through NPC and NBI complaints. By understanding the legal bases and following the outlined procedures, victims can effectively seek justice, deter future violations, and promote ethical lending practices in the Philippines. Prompt action preserves evidence and maximizes remedies, ensuring protection under the law. If harassment persists, consult a lawyer for tailored advice.