'Gov't officials can't use Data Privacy Act to evade FOI requests'

Government officials cannot use Republic Act No. 10173 or the Data Privacy Act of 2012 to circumvent the Executive Order on Freedom of Information (FOI), the Data Privacy Commission (DPC) stated Wednesday.

“A government official who abuses his position or takes undue advantage of his functions for personal benefit will not be able to use the Data Privacy Act to restrict access of the people to information," the DPC wrote in a position paper.

The DPC made the clarification after Far Eastern University Law Dean Mel Sta. Maria expressed concern about the possibility that officials may use RA 10173 in conjunction with Section 7 of the FOI bill to conceal information.

Section 7 A of the FOI EO states that each government office may release "personal information in its custody or under its control... only if it is material or relevant to the subject matter of the request and its disclosure is permissible under this order, or existing law,  rules or regulations".

The DPC wrote that the section “is not intended to shield government officials but is for the protection of any personal data that may be contained in government records that is not relevant to the freedom of information request, particularly when it affects private citizens.”

Data Privacy Commissioner Raymund Liboro lauded the signing of the FOI EO as a step towards greater government transparency and "people's participation in the government".

"The right to information on matters of public concern is a fundamental right provided in the Constitution and the right to privacy must always be balanced with the right of the people to be provided information on matters that affect their lives," Liboro said.

The EO signed by President Rodrigo Duterte on Saturday night covers all government offices under the executive branch of the government.

Senators accepted Duterte's challenge to enact an FOI Act on Tuesday, a day after the president's first State of the Nation Address, to expand and institutionalize the EO into a law. —Rie Takumi/JST, GMA News