Professional squatters, squatting syndicates can be identified publicly -- DOJ
There is no legal impediment to the public identification of professional squatters and squatting syndicates by the National Drive Against Professional Squatters and Squatting Syndicates (NDAPSSS), the Department of Justice (DOJ) declared.
The DOJ's declaration was contained in a legal opinion issued by Justice Secretary Jesus Crispin C. Remulla and addressed to Department of Human Settlements and Urban Development (DHSUD) Assistant Secretary Melissa A. Adranas who heads the NDAPSSS.
The NDAPSSS sought the legal opinion due to concerns that its proposed flyers and pamphlets might violate Republic Act No.10173, the Data Privacy Act of 2012.
Remulla said the Data Privacy Acct of 2012 "will not apply."
The justice secretary pointed out that under Section 2 of Executive Order (EO) No. 153, series of 2002, the DOJ and the Housing and Urban Development Coordinating Council (HUDCC) are “directed to take the lead in the identification of Professional Squatters and Squatting Syndicates (PSSS), monitor and launch operations, through the proper agency or body, to curtail their activities.”
He said the EO had transferred the powers of the abolished National Committee Against Squatting Syndicates and Professional Squatters to the HUDCC to:
-adopt the necessary measures to identify and effectively curtail the activities of professional squatters and squatting syndicates, including the names of public officials and/or private individuals or companies abetting or tolerating the commission of the act;
-provide the HUDCC and National Housing Aurhority (NHA) copies of identified squatting syndicates and professional squatters in order to safeguard against their inclusion in future programs/projects and recommend disqualification in existing programs;
-provide legal assistance to victims of professional squatters and syndicates and make available, through the DOJ and Philippine National Police (PNP), a consolidated list of squatting syndicates and professional squatters;
-monitor demolition and eviction activities and, hence, draw up and establish its monitoring system.
“These foregoing functions require the processing of personal information of the PSSS (professional squatters and squatting syndicates) in order to restrain them in carrying out illegal activities,” Remulla said.
“Considering that the NDAPSSS flyer/phamplet aims to promote awareness against PSSS to protect the transacting public, Data Privacy Act of 2012 will not apply,” he assured.