Question & AnswerQ&A (MEMORANDUM CIRCULAR NO. 15)
The purpose is to update and circularize the Inventory of Exceptions to the Right to Access to Information under Executive Order No. 02 (s. 2016) for government offices and the public's guidance.
The Department of Justice (DOJ) and the Office of the Solicitor General (OSG) are responsible for updating the Inventory of Exceptions, with the Inter-Agency Freedom of Information Exceptions Policy Committee (IA-FOI-EPC) reviewing and periodically updating the list.
1. Information covered by Executive privilege. 2. Privileged information relating to national security, defense or international relations. 3. Information concerning law enforcement and protection of public and personal safety. 4. Information deemed confidential for privacy protection of persons such as minors and crime victims. 5. Information or records known by reason of official capacity deemed confidential in administrative or quasi-judicial functions.
It includes presidential conversations, closed-door Cabinet meetings, advisory opinions, recommendations in government decision-making, and draft documents such as decisions, orders, and policy memoranda.
Information can be withheld if its disclosure would interfere with enforcement proceedings, deprive someone of a fair trial, reveal the identity of confidential sources, unjustifiably disclose investigative techniques, or put individuals in imminent danger.
Sensitive personal information including health and medical records, birth and school records, information on minors, victims of crimes, accused persons, children in conflict with the law, and persons with HIV/AIDS are protected.
Yes, personal information relating to government positions such as title, business address, classification, salary range, and official documents prepared in employment may be disclosed.
Trade secrets, business and commercial information, statistical data, Social Security System records, Philippine Identification System information, procurement documents, AMLC reports, and certain investigation records are examples.
Premature disclosure is excepted if it could lead to significant financial speculation, endanger financial institution stability, or frustrate implementation of proposed official actions unless already publicly disclosed or required by law.
Confidential proceedings include mediation and arbitration, labor conciliation, securities commission examinations, insurance cease and desist orders, preliminary investigations, court-ordered confidential records, and anti-terrorism related records.