University of the Philippines System(UP)

To whom it may concern,

I am a BS Statistics student of UP Diliman. I would like to request for a Excel file in csv or xls format of the list of UPCAT passers or freshmman with their chosen course in college and their SHS track. It would be a great help in the fulfillment of our course requirement and an additional research.

Thank you.

Regards,

Krisna Jinang
BS Statistics - UP Diliman

4 December 2018
 
Dear Ms. Jinang,
 
This refers to your request dated 21 November 2018  under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.
 
Your request
 
You asked for an "Execel file in csv or xls format of the list of UPCAT passers or freshmen with their chosen course in college and their SHS track". 
 
Purpose/(s) stated for request

You stated that the purpose for your request is "to help in the fulfillment of our course requirement and an additional research". 

 
Response to your request
 
While our aim is to provide information whenever possible, in this instance we are unable to provide  the information you have requested because the disclosure to you of such information would be a violation of the Philippine Data Privacy Act of 2012 (DPA). 

The list of UPCAT passers or freshmen with their chosen course in college and their SHS is sensitive personal information.  Information about an individual's (you asked for names and this would make the information identifiable personal information) education is sensitive personal information under 3 (l)(2) of the DPA. The Act emphasizes that the processing of such information is PROHIBITED unless one can invoke an allowed exception. 

 SEC. 13. Sensitive Personal Information and Privileged Information. – The processing of sensitive personal information and privileged information shall be prohibited, except in the following cases:
(a) The data subject has given his or her consent, specific to the purpose prior to the processing, or in the case of privileged information, all parties to the exchange have given their consent prior to processing;
(b) The processing of the same is provided for by existing laws and regulations: Provided, That such regulatory enactments guarantee the protection of the sensitive personal information and the privileged information: Provided, further, That the consent of the data subjects are not required by law or regulation permitting the processing of the sensitive personal information or the privileged information;
(c) The processing is necessary to protect the life and health of the data subject or another person, and the data subject is not legally or physically able to express his or her consent prior to the processing;
(d) The processing is necessary to achieve the lawful and noncommercial objectives of public organizations and their associations: Provided, That such processing is only confined and related to the bona fide members of these organizations or their associations: Provided, further, That the sensitive personal information are not transferred to third parties: Provided, finally,That consent of the data subject was obtained prior to processing;
(e) The processing is necessary for purposes of medical treatment, is carried out by a medical practitioner or a medical treatment institution, and an adequate level of protection of personal information is ensured; or
(f) The processing concerns such personal information as is necessary for the protection of lawful rights and interests of natural or legal persons in court proceedings, or the establishment, exercise or defense of legal claims, or when provided to government or public authority.
 None of the abovementioned  exceptions under Sec 13 of the DPA   applies to your request. 

UP does not have the prior  consent of UPCAT passers or first year students to disclose their names and respective courses and SHS tracks to third parties like you. 

Neither is there any law or regulation that would authorize UP to disclose such information to you. School records are among the list of exceptions to the right to access information under the Education Act of 1982. (See Annex "B" Inventory of Exceptions to E.O. No. 2 and "C" Non  Exclusive List of Examples of UP Records or Documents Excluded from the Coverage of E.O. No. 2 of the UP FOI Manual).
 
Thank you.
 
Respectfully,
 
Atty. Roberto M. J. Lara 
FOI Receiving Officer