QuestionsQuestions (Republic Act No. 10844)
RA 10844 is titled the “Department of Information and Communications Technology Act of 2015.” It creates the Department of Information and Communications Technology (DICT), defines its powers and functions, appropriates funds, and provides for related purposes.
Section 2 lists policies such as: (1) recognizing ICT’s vital role in nation-building; (2) ensuring strategic, reliable, cost-efficient, citizen-centric ICT infrastructure; (3) promoting universal access to quality, affordable, reliable and secure ICT services; (4) protecting privacy and confidentiality of personal information; (5) ensuring security of critical ICT infrastructures; and (6) providing oversight of ICT-sector agencies and consumer protection, competition, and sector growth—among others.
ICT is defined as the totality of electronic means to access, create, collect, store, process, receive, transmit, present and disseminate information.
Convergence refers to the interface between and among various telephony, radio, video, broadcasting and multimedia infrastructure, devices and services enabling users/subscribers to communicate with one another.
E-Government is the use of ICT by government and the public to enhance access to and delivery of government services, resulting in efficient, responsive, ethical, accountable and transparent governance.
A CIO is a senior officer in all national government agencies (including constitutional offices, SUCs, GOCCs, and GFIs) responsible for the development and management of the agency’s ICT systems and applications.
The DICT is the primary policy, planning, coordinating, implementing, and administrative entity of the Executive Branch to plan, develop, and promote the national ICT development agenda.
Examples include: (1) formulating national ICT policies and implementing guidelines considering convergence and emerging technologies; (2) providing an integrated framework to optimize government ICT resources and identify/prioritize E-Government systems; (3) establishing free internet service in government offices and public areas through partnerships; (4) protecting consumer rights in ICT matters including privacy and security; (5) establishing PPP guidelines for ICT projects.
The DICT is headed by a Secretary and its Department proper consists of the Office of the Secretary, the Offices of the Undersecretaries, and Assistant Secretaries.
The Secretary is appointed by the President subject to confirmation by the Commission on Appointments.
They must be Philippine citizens and residents, of good moral character and proven integrity, with at least seven (7) years of competence and expertise in fields such as ICT, IT service management, information security/cybersecurity, data privacy, e-Commerce, or human capital development in the ICT sector.
RA 10844 provides for three (3) undersecretaries; two (2) must be career officers. It also provides for four (4) assistant secretaries; two (2) must be career officers; and at least one (1) must be a licensed Professional Electronics Engineer (PECE) or suitably qualified person per CSC rules.
The DICT must facilitate the creation of a CIO Council consisting of CIOs; the DICT Secretary serves as Chairman to assist in implementing government ICT initiatives.
Abolished and transferred to the DICT: (1) Information and Communications Technology Office (ICTO); (2) National Computer Center (NCC); (3) National Computer Institute (NCI); (4) Telecommunications Office (TELOF); (5) National Telecommunications Training Institute (NTTT); and (6) all operating units of the DOTC with functions and responsibilities dealing with communications.
Attached to the DICT for policy and program coordination: (1) National Telecommunications Commission; (2) National Privacy Commission; and (3) Cybercrime Investigation and Coordination Center (CICC). They continue to operate according to their charters/laws/orders insofar as not inconsistent with RA 10844.
All powers/functions related to cybersecurity are transferred to the DICT, including formulation of the National Cybersecurity Plan and facilitation of international cooperation on intelligence regarding cybersecurity matters. The CICC shall be chaired by the DICT Secretary.
Transfer and reorganization must be completed within six (6) months from effectivity. During the transition, existing personnel continue to assume their posts in holdover capacities until new appointments are issued.
The ICTC, DBM, CSC and other concerned agencies must issue the IRR within sixty (60) days from the effectivity of the Act.
RA 10844 takes effect fifteen (15) days after its publication in at least two newspapers of general circulation. The repealing clause states that all inconsistent laws, decrees, executive orders, rules/regulations, and other issuances are repealed, amended, or modified accordingly.