On Releasing Information Under FOI

THE “Information” under RP’s Freedom of Information (FOI) as defined in the Order penned by President Rodrigo Roa Duterte can now be availed by citizens with valid reasons to do so. It means that any records, documents, papers, reports, letters, contracts, minutes and transcripts of official meetings, maps, books, photographs, data, research materials, films, sound and video recording, magnetic or other tapes, electronic data, computer stored data can now be requested from any government instrumentality or office can be availed through the FOI. It also include any similar data or materials recorded, stored or archived in whatever format, whether offline or online, which are made, received, or kept in or under the control and custody of any government office pursuant to law, executive order, and rules and regulations or in connection with the performance or transaction of official business by any government office.

The FOI order also covers “Official records” that were produced or received by a public officer or employee, or by a government office in an official capacity pursuant to a public function or duty. This includes public records required by laws, executive orders, rules, or regulations to be entered, kept and made publicly available by a government office.

Every Filipino according to the FOI order shall have access to information, official records, public records and to documents and papers pertaining to official acts, transactions or decisions, as well as to government research data used as basis for policy development.

As one of the FOI Receiving Officers of government offices, we are duty bound to provide access to public and official records however, we also ensure the protection of individuals and firms covered under the Data Privacy Act.

It is likewise stated that government offices must protect personal information in its custody or control by making reasonable security arrangements against leaks or premature disclosure of personal information which unduly exposes the individual whose personal information is requested, to vilification, harassment or any other wrongful acts.

A public official who has access to personal information in the custody of his or her office must not disclose information except when authorized under the FOI order or pursuant to existing laws, rules or regulation.

So who can request information under the FOI?

Any person who requests access to information shall submit a written request to the concerned government office. The request shall state the name and contact information of the requesting party including proof of identification or authorization, description of the information requested, and the reason for, or purpose of, the request for information.

Unless the reason for the request is contrary to law, public officials receiving the request shall provide reasonable assistance, free of charge, to enable all requesting parties and particularly those with special needs, to comply with the request requirem en t s.

As a procedure, the request shall be stamped by the government office, indicating the date and time of receipt and the name, rank, title and position of the receiving public officer or employee with the corresponding signature, and a copy thereof furnished to the requesting party.

The government office shall respond to a request fully compliant with requirements as soon as practicable but not exceeding fifteen (15) working days from the receipt thereof. The response mentioned above refers to the decision of the agency or office concerned to grant or deny access to the information requested.

The period to respond may be extended whenever the information requested requires extensive search of the government office’s records facilities, examination of voluminous records, the occurrence of fortuitous cases or other analogous cases. The government office shall notify the person making the request of the extension, setting forth the reasons for such extension. In no case shall the extension go beyond 20 working days unless exceptional circumstances warrant a longer period.