National Privacy Commission(NPC)

Good day, 

I would like to ask for the data breach report of SNR that has recently occurred just to assess the impact of the risks and whether or not to extend audit procedures.

If such data is prohibited to be obtained, kindly decline my request. Thank you!

Dear MR. SANTOS:

Greetings!

Thank you for your request dated Dec 07, 2021 08:46:18 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your request

You ask for data breach report of SNR.

Response to your request

While our aim is to provide information whenever possible, we are unable to release the data breach report requested. As such, the requested document is deemed to be one of the exceptions to the right to access of information under Item No. 6 (b) of the Office of the President (OP) Memorandum Circular (MC) No. 89, s. 2021, entitled “Updating the inventory of exceptions to the right to access of information under Executive Order No. 02, s. 2016,” which provides for prejudicial premature disclosure.

Item No. 6 (b) of OP MC No. 89, s. 2021, substantially provides:

Prejudicial premature disclosure

b. be likely or significantly frustrate implementation of a proposed official action, except such department, office or agency has already disclosed to the public the content or nature of its proposed action, or where the department, office or agency is required by law to make such disclosure on its own initiative prior to taking final official action on such proposal.

Furthermore, as basis of the herein referred to exclusion is Sec. 3 (f), Rule IV of R.A. No. 6713 entitled “Rules on Implementing the Code of Conduct and Ethical Standards for Public Officials2 which states that:

SECTION 3. Every department, office or agency shall provide official information, records or documents to any requesting public, except if:

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(f) it would disclose investigatory records complied for law enforcement purposes, or information which if written would be contained in such records or information would (I) interfere with enforcement proceedings, (ii) deprive a person of a right to a fair trial or an impartial adjudication, (iii) disclose the identity of a confidential source and, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source, or (iv) unjustifiably disclose investigative techniques and procedures;

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Therefore, in view of the foregoing, the Commission hereby denies your request as such disclosure may affect the implementation of official action.

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 John Henry D. Naga 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.