• Tidak ada hasil yang ditemukan

Revised-UP-FOI-Manual-as-of-050718-2.pdf

N/A
N/A
Protected

Academic year: 2023

Membagikan "Revised-UP-FOI-Manual-as-of-050718-2.pdf"

Copied!
55
0
0

Teks penuh

SENSITIVE PERSONAL INFORMATION, as defined in Section 3 (l) of the Data Privacy Act of 2012, refers to personal information:. The Vice President for Public Affairs regarding information in the custody of the University System.

  • If the FDE determines that a record contains information of interest to another office outside of the UNIVERSITY such as when the information may be
  • Notice to the Requesting Party of the Approval/Denial of the FOI Request: Once the FDE decides to approve or deny the request, s/he shall immediately notify the
  • Action on the FOI Request
  • FRO to transmit the information to the requesting party: Upon receipt of the requested information from the FDE, the FRO shall collate and ensure that the

The FRO must enter the details of the request on the request tracking system and assign a reference number. e). The FOI review committee may recommend to FDM approval or refusal of the request.

REQUEST TRACKING SYSTEM

Where, in the determination of the FDE, the University will not be able to release all the records in their entirety, as where part of the request involves data or information that falls within the exemptions, or some information, data or records cannot be located, FDE through the FRO will disclose only such portions of the records as it may lawfully do so. b. In the event of a refusal of the request in whole or in part, the FRO must notify the requesting party in writing of the refusal within the stipulated period. The request is covered by one of the exceptions in the constitution, laws or case law.

He/she shall attach a cover letter signed by the FDE and ensure that it is sent to the requesting party within 15 working days of receipt of the request for information. Reasonable Charges for Printing or Reproducing the Information: The FRO will promptly notify the requesting party if a reproduction and copying fee will be charged to provide the information. concerned FDM within fifteen (15) calendar days from the notification of the refusal or from the expiry of the period for responding to the request.

The FDM may consult the Office of the Vice President for Legal Affairs or the Legal Office of the constituent university to request their recommendation before making a decision on appeal.

ADMINISTRATIVE LIABILITY

This fee is the actual amount spent by the UNIVERSITY in providing the information to the requesting party. The appeal will be decided by the FDM within thirty (30) working days after its submission. WHEREAS, in accordance with Article 28, Article II of the 1987 Constitution, the State shall adopt and implement a policy of full disclosure of all its transactions involving the public interest, subject to reasonable conditions prescribed by law;

WHEREAS, Section 7, Article III of the Constitution guarantees the right of the people to information on matters of public interest;. WHEREAS, the incorporation of this right into the Constitution is a recognition of the fundamental role of the free and open exchange of information in a democracy aimed at increasing transparency and accountability in the actions, transactions or decisions of government officials. WHEREAS, under Section 17, Article VII of the Constitution, the President has control over all executive departments, bureaus, and offices and the duty to ensure that the laws are faithfully executed.

Access to information is denied when the information falls under one of the exceptions laid down in the Constitution, existing legislation or case law.

Exception. Access to information shall be denied when the information falls under any of the exceptions enshrined in the Constitution, existing law or jurisprudence

This decision applies to all government offices under the executive branch, including but not limited to the national government and all its offices, departments, bureaus, offices and instrumentalities, including government-owned or controlled corporations, and state universities and colleges. Every Filipino has access to information, official documents, public records and to documents and papers relating to official acts, official documents, public records and to documents and papers relating to official acts, transactions or decisions, as well as to government research data are used as a basis for policy development.

23 In making such a determination, the head of the office or his designated official must exercise reasonable care to ensure that no exemptions are used or used to refuse any request for information or access to public records or official records if the refusal is intended primarily and knowingly covering up a crime, misdemeanor, burial or corruption. While providing access to information, public records and official records, responsible officials shall provide full protection of the proper records and official records, responsible officials shall provide full protection of the right to privacy of the individual as follows:. For the effective implementation of this Order, each government office within one implementation of this Order is directed to prepare its own People's FOI Manual within one hundred and twenty (120) calendar days of the entry into force of this Order. , which, among other things, must include the following provisions: a) The location and contact details of head, regional, provincial and field offices and other established locations where the public can obtain information or submit requests.

Procedure for handling claims;. f) administrative appeal procedure against any denial of access to information; and. g) List of applicable fees. Filing and consideration of a request for access to information is governed by the following procedure:

Procedure. The following procedure shall govern the filing and processing of request for access to information

In making such determination, the head of the bureau or his designee shall exercise reasonable care to ensure that no exception is applied to the denial of any request for information or access to public records or official records where the denial is intended primarily and intentionally to conceal a criminal offense, illegal conduct, bribery or corruption. 24 (a) Any person requesting access to information shall file a written request with the appropriate government office. The request must include the name and contact information of the party requesting the information, provide valid proof of identification or authorization, reasonably describe the information requested, and the reason for or purpose of the request for information: provided that no request shall be denied or denied unless the reason for the request is contrary to law, applicable rules and regulations, or is one of the exceptions in the list or updated list of exceptions as stated above.

The above response refers to the decision of the agency or office concerned to grant or deny access to the requested information. e) The response period may be extended whenever the requested information requires extensive investigation of the archives of a government office, examination of voluminous documents, occurrence of accidental cases or other similar cases. The government office notifies the applicant of the extension and states the reasons for the extension. However, they may charge a reasonable fee to reimburse the necessary expenses, including the actual cost of reproducing and copying the requested information, in accordance with existing rules and regulations.

The State Office is not required to act in the case of an unreasonable subsequent identical or substantially similar.

Identical or Substantially Similar Requests. The government office shall not be required to act upon an unreasonable subsequent identical or substantially similar

The public official receiving the request shall provide reasonable assistance, free of charge, to enable all requesting parties, and especially those with special needs, to comply with the request requirements of this section. Each government office must establish a system to track the status of all requests for information received by it. In no event shall the extension exceed twenty (20) working days, unless exceptional circumstances warrant a longer period. f) When a decision has been made to grant the request, the person making the request shall be notified of such decision and required to pay any fees.

The applicable fees must in no case be so burdensome that they work against the purpose of this executive order. If the Government Office decides to deny the request in whole or in part, it shall as soon as possible, in any event within fifteen (15) working days of receipt of the request, notify the requesting party in writing of the denial. The notice must clearly state the reason or reasons for the refusal and the circumstances on which the refusal is based.

Failure to notify the requesting Party of the action taken within the time period set forth herein shall constitute a denial of the request for access to information.

Remedies in Cases of Denial of Request for Access to Information

Implementing Details. All government offices in the Executive Branch are directed to formulate their respective implementing details taking into consideration

Effectivity. This Order shall take effect immediately upon publication in a newspaper of general circulation

2 (s. 2016), the Office of the President hereby circulates the list of exceptions to the right of access to information for the guidance of all government offices and instrumentalities covered by EO No. Information deemed confidential to protect the privacy of persons and certain individuals such as minors, victims of crimes or accused. For the implementation of the exceptions to the right of access to information, the following provides the essential details and legal basis that define the scope and application of the exceptions.

8 These exceptions apply only to governmental bodies within the control and supervision of the executive department. Information that is considered confidential to protect the privacy of certain persons and individuals such as minors, victims of crimes or accused persons. 11) first-time juvenile (drug) offenders on probation who comply with the applicable rules and regulations of the Dangerous Drugs Board and who are subsequently discharged; judicial and medical records of drug addicts under the voluntary submission program; and records of a drug addict who was rehabilitated and released from treatment and rehabilitation centers under the mandatory reporting program, or who was charged with a violation of Section 15 (use of dangerous drugs) of the Comprehensive Drug Act of 2002, as amended; and 40.

Confidential information submitted to the Philippine Competition Commission, the disclosure of which is prohibited by law, including the identity of the person who provided the information on condition of anonymity;46. Consultative secrecy is one of the types of privileged information that falls under the exceptions to the constitutional right to information. The function and importance of the document in the agency's decision-making process are important.

Original records pertaining to student discipline will be in the custody of the SDC and/or the Dean. For example, in the case of incumbent members of the Judiciary, the Supreme Court ruled in

Referensi

Dokumen terkait

14A-7 Threats To Users • Loss of privacy – Personal information is stored electronically – Purchases are stored in a database • Data is sold to other companies – Public records on