National Privacy Commission(NPC)

Good Am,

May I request a copy of the NPC Case No. 16-001, regarding the decision on COMELEC Commissioner Andres Bautista's violation of the Data Privacy Act.

Thank you very much,

Winston Ivan P. Ong

June 7, 2021

Dear Winston Ivan,

Thank you for your request dated May 28, 2021 03:18:07 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for COMELEC Commissioner Adres Bautista violation of DPA Law.

We received your request on May 28, 2021 03:18:07 PM and will respond on or before Jun 18, 2021 03:18:07 PM, in accordance with the Executive Order's implementing rules and regulations.

Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEE5QQy0wNjEzNDU4MjE2ODAM, for request with ticket number #NPC-061345821680.

Thank you.

Respectfully,

Roren Marie Chin
FOI Officer

Dear MR. ONG:

Thank you for your request dated May 28, 2021 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your Request

You asked for a copy of the decision on NPC Case No. 16-001.

Response to your request

While our aim is to provide information whenever possible, we are unable to release the document you requested because upon the filing of appeal by the respondent, NPC Case No. 16-001 is currently under judicial review with the Court of Appeals. As such, the requested document is deemed confidential and privileged under the Inventory of Exceptions to Executive Order No. 2, which provides that the “requested information pertains to comments and disclosures on pending cases in judicial proceedings.”  Moreover, it is provided further that “information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy, personal information or records, including sensitive personal information, birth records, school records, or medical or health records” are deemed confidential.  Therefore, based on the foregoing, the Commission denies your request.

For other assistance you may review the FAQ section of the eFOI site: https://zcwdv320190208-dot-efoi-ph.appspot.com/help.

Your right to request a review

If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response, by writing to Privacy Commissioner and Chairman Raymund E. Liboro at [email protected]. Your review request should explain why you are dissatisfied with this response and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result, within 30 calendar days from the date when we receive your review request. 

Thank you.