December 28, 2022
Dear Muhamad,
Thank you for your request dated Dec 26, 2022 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for TUPAD LIST OF BENEFICIARIES FROM 2020 to 2021 in Iligan City.
We received your request on Dec 26, 2022 and will respond on or before Jan 16, 2023 09:59:15 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://foipmo04082020015559-dot-efoi-ph.appspot.com/requests/aglzfmVmb2ktcGhyHgsSB0NvbnRlbnQiEURPTEUtMDcwMDA2ODExMDYxDA, for request with ticket number #DOLE-070006811061.
Thank you.
Respectfully,
Maria Theresa L. Trozo
FOI Receiving Officer
MUHAMAD ROMPAA
Purok 6, Upper Hinaplanon, Iligan City, Philippines
0969 463 7245
Dear Mr. Rompaa,
This pertains to your request under the Electronic Freedom of Information (EFOI) Portal which was received by the Department of Labor and Employment Regional Office on December 26, 2022 requesting for the copy of list of beneficiaries of TUPAD in Iligan City.
At the outset, let it be emphasized that the DOLE recognizes the right to information on matters of public concern. Access to official records, documents and information pertaining to official acts, transactions, or decisions, as well as government generated data/information and researches used as basis for policy development shall be afforded the public, subject to such limitations as may be provided under existing laws and guidelines.
However, please be informed that under the Data Privacy Act of 2012 (DPA), the processing of personal information is PERMITTED only when at least one of the conditions provided under Section 12 of the DPA is present, to wit:
(a) The data subject has given his or her consent;
(b) The processing of personal information is necessary and is related to the fulfillment of a contract with the data subject or in order to take steps at the request of the data subject prior to entering into a contract;
(c) The processing is necessary for compliance with a legal obligation to which the personal information controller is subject;
(d) The processing is necessary to protect vitally important interests of the data subject, including life and health;
(e) The processing is necessary in order to respond to national emergency, to comply with the requirements of public order and safety, or to fulfill functions of public authority which necessarily includes the processing of personal data for the fulfillment of its mandate; or
(f) The processing is necessary for the purposes of the legitimate interests pursued by the personal information controller or by a third party or parties to whom the data is disclosed, except where such interests are overridden by fundamental rights and freedoms of the data subject which require protection under the Philippine Constitution.
In addition, in matters of Sensitive Personal Information, the above – cited law expressly states that:
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.
In this case, none of the requirements outlined in the above-mentioned provisions of the DPA is present to warrant a valid or justified disclosure or processing/data sharing of the personal information of the TUPAD Beneficiaries.
While it is the aim of this Office to provide information whenever possible, it must be stressed that any processing of personal information is subject to compliance with the requirements of RA 10173 (DPA) and other laws allowing disclosure of information to the public and adherence to the principles of transparency, legitimate purpose and proportionality.
Accordingly, this Office respectfully regrets to inform you of the denial of your request pertaining the details of the names of the TUPAD Beneficiaries as the “data sharing/processing” of these details falls within the coverage of the Data Privacy Act and its Implementing Rules and Regulations.
Nevertheless, this Office may release and provide you with details pertaining to statistical data on the implementation of the TUPAD program as the same does not fall within the purview of the Data Privacy Act.
This Office hopes to have provided you with appropriate guidance and clarification on the matter. Thank you and best regards.
Cagayan de Oro City, Philippines.
Very truly yours,
ALBERT E. GUTIB
Regional Director
Note: Kindly see attached file for the signed reply.
