Question & AnswerQ&A (MEMORANDUM CIRCULAR NO. 15)
The purpose is to update the inventory of exceptions to the right to access information under Executive Order No. 02, s. 2016, providing guidance to all government offices and the public on limitations to access public information.
Memorandum Circular No. 49, s. 2018 created the IA-FOI-EPC with the Department of Justice (DOJ) and the Office of the Solicitor General (OSG) as co-chairs to periodically update the Inventory of Exceptions.
The exceptions include executive privilege; privileged information on national security, defense, or international relations; law enforcement records; privacy protection; confidential official information; prejudicial premature disclosure; confidential proceedings records; banking and finance secrecy laws; and other exceptions under laws or jurisprudence.
It includes presidential conversations, correspondences, discussions in closed-door Cabinet meetings, advisory opinions, recommendations, minutes of meetings in decision-making processes, drafts of decisions, memoranda, and other undisclosed executive deliberations.
When its disclosure would interfere with enforcement, deprive a right to fair trial, disclose confidential sources, or reveal investigative techniques that could compromise the investigation or safety of individuals.
Personal data that constitutes an unwarranted invasion of privacy, including information about minors, victims, accused, birth, school, medical records, and sensitive personal information are confidential and may only be disclosed under specific lawful conditions respecting transparency and legitimate purpose.
Trade secrets, proprietary business information, statistical data, social security records, Philippine Identification System data, HIV and AIDS monitoring data, information submitted to regulatory agencies, and confidential investigation details are examples.
It is withholding information when early disclosure would lead to financial speculation, endanger financial institutions, or frustrate official actions before they are finalized or publicly disclosed.
Confidentiality is governed by laws such as the Law on Secrecy of Bank Deposits (RA No. 1405), Foreign Currency Deposit Act, General Banking Law of 2000, Anti-Money Laundering Act, Credit Information System Act, and related amendments.
Yes, attorney-client privilege exists between government lawyers and their clients, and information protected by this privilege is exempt from disclosure under EO No. 02 exceptions.