‘Notice to the Public’ cannot be used to shame former employees

The advisory originated from a banking institution concerned about former employees allegedly misrepresenting themselves as authorized representatives to solicit deposits or conduct fraudulent transactions.

Under Section 12(f) of the law, employers may disclose certain information when necessary to protect legitimate business interests, including fraud prevention.

However, the NPC emphasized that such disclosures must satisfy the principles of necessity, proportionality, and legitimate purpose.

“Disclosing the name and the fact that the employee is no longer employed with the bank is sufficient to meet the stated purpose,” the commission explained.

It further warned that “Any other information beyond that may be considered disproportional.”

This means employers should avoid publishing unnecessary personal details, allegations, or other information unrelated to the announcement.

The NPC also stressed that public disclosure should not automatically be the first option.

“Given that the bank has determined an alternative measure of notifying its clients individually through bank authorized modes of communication, this option should also be taken into account,” the advisory stated.

Employers must therefore consider whether directly informing clients would accomplish the same purpose without unnecessarily exposing former employees to public scrutiny.

The NPC also recommends conducting a legitimate interest assessment before relying on this legal basis for disclosure.

Ultimately, a “notice to the public” should serve as a legitimate business announcement, not a weapon for retaliation, intimidation, or public shaming.