The business sector has urged the Inter Agency Task Force (IATF) on the Management of Emerging Infectious Diseases, the policy making body on the government’s COVID-19 and related responses, to temporarily suspend the Data Privacy Act (DPA) to avoid the huge expense for contract tracing, a move strongly opposed by the National Privacy Commission (NPC) calling it “anti-poor” and “bereft of science and ethics.”
This suggestion is part of the four point recommendation submitted to the IATF by the Philippine Chamber of Commerce and Industry, Employers Confederation of the Philippines, PCCI, Philippine Exporters Confederation, and Philippine Silkroad International Chamber of Commerce.
The groups have urged those COVID positive to come out in the open saying it is not something to be ashamed of. “Supplementing this call for voluntary disclosure is the temporary suspension of the Data Privacy Act, including the patient confidentiality clauses, as part of government prerogatives in the crisis,” stated the joint letter addressed to IATF co-chairman Sec. Karlo Alexei B. Nograles.
Sergio Ortiz-Luis Jr., honorary chairman of the PCCI and President of PhilExport that once the law is suspended, it would be easier to identify those positive through their barangays complete with their pictures. With that there is no need for costly contract tracing program. He cited big public personalities, senators, congressmen, famous names that came out openly about having their bouts of coronavirus.
But this was strongly opposed NPC Commissioner Raymund E. Liboro. “The call by certain business quarters to suspend the Data Privacy Act to publicly identify Covid positive individuals is bereft of science and ethics,” said Liboro.
Liboro called the move “anti-poor” because and will only further discriminate the poor with COVID-19 history than those without once this pandemic is over. He pointed out the stigma from leprosy.
Liboro agreed that the big personalities that had COVID history cannot be discriminated because they are famous and rich and powerful, but the poor they can be easily discriminated. “Even countries with no Privacy Law do not resort to this public naming of COVID positive individuals,” he pointed out.
“Science and medical ethics dictate that publicly naming Covid infected individuals does not help in decreasing the transmission of infection and is counterproductive,” he said in a message to reporters.
Respecting patient’s privacy and confidentiality build trust and foster better communication between health professionals and patients. Patients who are assured that their data and identities are secured will cooperate better and provide more accurate information thus resulting in better health care decisions and management .
There are more effective ways of identifying sources of infection and transmission that is based on technically sound and evidence based approaches recommended by the WHO, CDC and adopted by the DOH. Publicly naming of individuals with CoVid or any highly contagious infectious disease is not one of them.
“There’s no scientific proof that publicly naming Covid infected individuals has public health benefits In a pandemic response. What has been proven is that this disease causes discrimination, shaming and has led to social vigilantism. It will prevent Covid positive individuals and their close contacts from coming out to seek testing and treatment. Making it more difficult for authorities to Control this pandemic,” he added.
He cited enough provisions in the laws to allow government to do contact tracing, treat patients and face this threat while securing the personal data and dignity of citizens.
But the joint letter pressed its point stressing that, “After all, in the interest of saving lives, the government has already taken away many constitutional rights to implement the strict quarantine protocols. “
As contained in the letter, Ortiz-Luis argued that the private sector cannot understand why the government is spending so much on contract tracing. He said there are an estimated 95,000 contract tracers with initial budget of P5 billion. The government is also hiring additional 50,000 contract tracers when contract tracing is not actually the problem.
“If we can suspend the DPA in the context of this emergency, we may not have to use the full P5-billion budget allocated for contact tracers,” the letter added.
According to Ortiz-Luis, the only reason that people do not go to isolation facilities is that these facilities are “di naman kaaya-aya” (not decent enough). “They will have a feeling of being para kang sinumpa dun (outcast). It is different when you know that by going there it is for your own good, meaning you will be treated and you will be comfortable.”
The suggestion from the business community is for all these quarantine centers, especially in the National Capital Region, to be airconditioned at least where the cost could not even reach P1 billion,” he said. By having decent quarantine facilities, those individuals suspected as virus carriers or those that tested positive would be encouraged to go to these facilities.
Contract tracing only discourages individuals not to tell the truth. “There is no need to contract trace. You reverse the project, rather than spending money looking for them, provide decent isolation facilities,” he stressed.
That is why there is a need to suspend the Data Privacy Act and there is no need to look for these infected individuals because the people in the neighborhood knows and “They themselves would turn themselves in,” he said.
In fact, Ortiz-Luis said there have been several deaths in own houses because there is not enough hospital beds and people are scared to go to isolation centers.
“But if you have decent isolation facilities, these positive individuals will turn themselves in, but not in isolation facilities where they feel like inmates,” he concluded.