Law Summary
Declaration of Policy
- Recognizes ICT's vital role in nation-building.
- Ensures strategic, reliable, cost-efficient, and citizen-centric ICT infrastructure.
- Guarantees universal access to quality, affordable, reliable, and secure ICT services.
- Promotes development and use of emerging ICT and convergence with ICT-enabled facilities.
- Addresses availability and accessibility of ICT in underserved areas.
- Fosters market-led development, fair competition, and public-private partnerships.
- Supports local ICT content, start-ups, education, public health, safety, revenue, and socio-civic uses.
- Encourages ICT use to promote arts, culture, tourism, and national identity.
- Promotes digital literacy, ICT expertise, and empowerment of disadvantaged groups.
- Ensures privacy, security of critical ICT infrastructure, consumer protection, and sector oversight.
Definition of Terms
- ICT: All electronic means to access, create, collect, store, process, and disseminate information.
- Convergence: Integration of telephony, radio, broadcasting, multimedia enabling communication.
- E-Government: Use of ICT by government and public for efficient and transparent service delivery.
- ICT Sector: Providers of goods and services for electronic information processing and communication.
- ICT-Enabled Services (ICT-ES): Services requiring intrinsic use of ICT such as call centers, software development, etc.
- Chief Information Officer (CIO): Senior officer in government agencies managing ICT systems and applications.
Creation of the Department of Information and Communications Technology (DICT)
- Establishes the DICT as the primary government agency on ICT.
Mandate
- DICT serves as primary policy, planning, coordination, implementation, and administrative entity to develop and promote national ICT agenda.
Powers and Functions
Policy and Planning
- Formulate and implement national ICT policies and programs, including coordination with educational bodies for ICT in education.
- Optimize government ICT resources for E-Government aligned with national development plans.
Improved Public Access
- Regulate establishment and operation of ICT infrastructure in underserved areas.
- Establish free internet in public and government offices with private sector partnership.
Resource-Sharing and Capacity-Building
- Harmonize national ICT plans for knowledge sharing and networking among government agencies.
- Protect and develop government ICT infrastructure considering existing resources.
- Provide technical assistance, review ICT research, prescribe qualification standards, and promote ICT career development.
- Disseminate disaster risk-reduction information using ICT.
- Represent Philippines in international ICT matters.
Consumer Protection and Industry Development
- Protect consumer privacy, security, and confidentiality with coordination from relevant agencies.
- Promote trade, investment, and public-private partnerships in ICT projects.
- Foster local and international strategic partnerships to enhance industry growth and global competitiveness.
Organizational Composition
- Headed by a Secretary, supported by Undersecretaries and Assistant Secretaries forming the Department's core officials.
Secretary of Information and Communications Technology
- Presidential appointee confirmed by Commission on Appointments.
- Duties include executive supervision, policy establishment, resource approval, personnel management, disciplinary authority, coordination with LGUs and other groups, budget preparation, membership in procurement board, advising the President, and rulemaking.
Undersecretaries and Assistant Secretaries
- Three Undersecretaries; two must be career officers.
- Four Assistant Secretaries; two career officers and at least one licensed Professional Electronics Engineer or qualified individual.
Qualifications for Department Officials
- Must be Filipino citizen and resident, with good moral character, seven years of relevant competence in ICT-related fields.
Regional Offices
- Department may establish regional offices, headed by a Regional Director and optionally an Assistant Regional Director appointed by the President.
- Regional offices implement laws, provide services, coordinate with agencies and LGUs, and perform assigned functions.
Chief Information Officer (CIO) Council
- DICT facilitates creation of CIO Council consisting of government CIOs chaired by the DICT Secretary to assist in ICT initiatives.
Sectoral and Industry Task Forces
- May create task forces and advisory committees including private sector, academe, CSOs, NGAs, LGUs, GOCCs and government IT professionals.
Transfer of Agencies and Personnel
- Abolishes ICT-related bodies such as ICTO, NCC, NCI, TELOF, NTTTI, and communications units of DOTC; transfers their functions, personnel, assets, funds to DICT.
- Attaches National Telecommunications Commission, National Privacy Commission, Cybercrime Investigation and Coordination Center to DICT for policy coordination.
- Cybersecurity functions transferred to DICT, including National Cybersecurity Plan and CERT.
- DICT Secretary chairs Cybercrime Investigation and Coordination Center.
Separation and Retirement
- Employees separated due to reorganization within six months are entitled to separation benefits or retirement if qualified.
Department Structure and Staffing
- Subject to DBM approval, DICT to determine organizational structure, create divisions, and appoint personnel per civil service rules.
Magna Carta Coverage
- DICT employees covered under Magna Carta for scientists, engineers, researchers, and science and technology personnel per RA 3439.
Transition Period
- Transfers and organizational setup to be completed within six months of effectivity.
- Existing personnel continue in holdover capacities until new appointments are made.
- New positions created shall not exceed cost of abolished positions.
Appropriations
- Initial funds taken from current appropriations of absorbed agencies.
- Ongoing funds included in the General Appropriations Act.
Implementing Rules and Regulations
- ICTC, DBM, CSC and other agencies to issue implementing rules within 60 days of effectivity.
Separability Clause
- Invalidity of any provision shall not affect remaining provisions.
Repealing Clause
- All inconsistent laws, orders, rules, regulations, or parts thereof are repealed or modified accordingly.
Effectivity
- Law takes effect 15 days after publication in two newspapers of general circulation.