Inter-agency committee yet to find FOI exclusions, says Guevarra


By Jeffrey Damicog

Justice Secretary Menardo Guevarra said there remains no government information that has to be excluded from the freedom of information (FOI), so far.

Senior Deputy Executive Secretary Menardo Guevarra (TOTO LOZANO/PRESIDENTIAL PHOTO / MANILA BULLETIN) Justice Secretary Menardo Guevarra (TOTO LOZANO/PRESIDENTIAL PHOTO / MANILA BULLETIN)

Guevarra made this observation after President Duterte issued Memorandum Circular No. 49 which created an inter-agency freedom of information exceptions policy committee which is chaired by the Department of Justice (DOJ) and the Office of the Solicitor General (OSG).

“Just to periodically review and update exceptions to the FOI (Executive Order No. 2),” the Secretary said about the job of the inter-agency committee.

Guevarra explained this means the inter-agency committee will have to look for any government data or information which should not be disclosed to the public.

At the moment, Guevarra said the committee has yet to recommend any government information that has to be excluded for public disclosure.

The inter-agency committee also includes the Presidential Communications Operations Office (PCOO), the Office of the Government Corporate Counsel (OGCC) and the National Privacy Commission (NPC).

President Duterte signed Executive Order No. 2 in July 2016 mandating the full public disclosure of information in offices under the Executive Branch.

The public can request for access to government records via the official FOI website or offices within the executive branch.

The exceptions in the full disclosure of information are those covered by executive privilege; privileged information involving national security; information concerning law enforcement and protection of public and personal safety; information deemed confidential for the protection of the privacy of persons such as minors, victims of crimes or the accused.

Also excluded from FOI access are information or records deemed confidential in relation to agencies’ performance of functions or inquiries; prejudicial premature disclosure; records of proceedings or information from proceedings considered confidential or privileged; matters considered confidential under banking and finance laws and their amendatory laws; and other exceptions to the right to information under laws, jurisprudence, and rules and regulations.