Legal basis and legislative anchor
- The executive order is grounded on the policy and framework of Republic Act No. 8042 (the “Migrant Workers and Overseas Filipinos Act of 1995”), which provides for a Shared Government Information System for Migration under WHEREAS clauses.
- The executive order directs that the purposes and uses of shared data must be for lawful and official purposes and for purposes envisioned by R.A. 8042 under Section 5.
Policy and purpose: unity through data
- The State must uphold the dignity of citizens in the country or overseas under the WHEREAS clauses.
- The State must protect the interests of labor generally and those of overseas migrant workers, whether documented or irregular, under the WHEREAS clauses.
- The State recognizes the significant contribution of overseas migrant workers and their vulnerability under the WHEREAS clauses.
- The executive order provides for agencies to address concerns of migrant workers and overseas Filipinos with access to related information in swift and unified manner under the WHEREAS clauses.
- The executive order establishes a mechanism that enables government agencies to share migration-related information through a shared system under Sections 1, 4, and 6.
Inter-Agency Committee: IAC-SGISM
- Section 1 establishes the Inter-Agency Committee on the Shared Government Information System for Migration (IAC-SGISM).
- The Department of Foreign Affairs serves as Chairman under Section 2.
- The Department of Labor and Employment serves as Vice-chairman under Section 2.
- The committee membership includes: Department of Justice, Department of Tourism, Bureau of Immigration, Commission on Filipinos Overseas, National Bureau of Investigation, National Statistics Office, Overseas Workers Welfare Administration, and Philippine Overseas Employment Administration under Section 2.
- The committee is empowered to seek assistance from specified support agencies under Section 3.
Support agencies and technical committee
- Section 3 allows the IAC-SGISM to seek assistance from the Department of Social Welfare and Development, National Computer Center, National Labor Relations Commission, National Statistical Coordination Board, Philippine National Police (PNP), Office of the Presidential Adviser for OFW Affairs, and Philippine Charity Sweepstakes Office for implementation of its mandate.
- Section 3 requires creation of a technical committee drawn from among the IAC and support agencies for development and implementation of the SGISM.
Information sharing and system phases
- The committee initially taps information contained in existing database/files under Section 4.
- The second phase links computer facilities to allow free-flow data exchanges and sharing among agencies concerned under Section 4.
- The committee is directed to identify databases that can be declassified and shared under Section 6.
- Shared databases must be shared only by and among member agencies under Section 6.
- The committee provides reports and recommendations to the President and supports reporting to Congress through the DFA and DOLE under Section 7.
Data confidentiality and access limits
- Information and data acquired through the shared system must be treated as confidential under Section 5.
- Confidential data must be used only for lawful and official purposes connected to the usual functions of member agencies and for purposes envisioned by R.A. 8042 under Section 5.
- Access and use of shared data are limited to: heads of agencies, their deputies/assistants, and officers directly responsible in implementing the agency’s participation in the IAC-SGISM under Section 5.
- Other staff may access selected data on a need-to-know basis and must obtain the appropriate security clearance from the head of agency under Section 5.
- Member agencies and support agencies must formulate guidelines defining levels of access and security guidelines under Section 5.
- The IAC and support agencies must work toward promoting transparency in sharing data among themselves and with the public, and toward declassifying data to promote public participation in policy making and program development under Section 5.
Shared databases covered and governed
- The IAC-SGISM and support agencies convene to identify existing databases that may be declassified and shared among member agencies under Section 6.
- Shared databases include masterlists and inventories such as:
- Masterlists of Filipino migrant workers/Filipino emigrants/Filipino fiancees/spouses of foreign nationals and other categories of Filipino nationals overseas, classified by occupation/job category, age, sex, civil status, by country/state of destination, including visa classification under Section 6(a).
- An inventory of pending legal cases involving Filipino migrant workers and other Filipino nationals, including those serving prison terms under Section 6(b).
- Masterlists by age and sex of departing/arriving Filipinos under Section 6(c).
- A statistical profile on Filipino migrant workers and related categories including Filipino emigrants, Filipino fiancees/spouses of foreign nationals, and Filipino tourists under Section 6(d).
- Blacklisted foreigners/undesirable aliens, including serial/multiple sponsors of Filipino fiancees/spouses and persons involved in reported cases of domestic violence and other offenses against Filipino nationals or violations of Philippine laws under Section 6(e).
- Data on legal systems, immigration policies, marriage laws and civil and criminal codes in destination countries, particularly those with large numbers of Filipinos under Section 6(f).
- A list of labor and other human rights instruments where destination countries are signatories under Section 6(g).
- A tracking system of past and present gender disaggregated cases involving migrant workers under Section 6(h).
- A list of overseas posts that may render assistance to overseas Filipinos, especially migrant workers under Section 6(i).
- Lists of accredited recruiters and recruitment agencies and accredited foreign employers under Section 6(j) and Section 6(k).
- A list of recruiters and recruitment agencies with decided/pending criminal/civil/administrative cases and their dispositions under Section 6(l).
- Status of complaints for money claims and other legal cases filed by Filipino migrants before appropriate courts and adjudication bodies under Section 6(m).
- Established protocols or guidelines governing enforcement of laws, handling and adjudication of cases, and other procedures relevant to processes across stages of the migration process under Section 6(n).
- Lists of children issued travel clearance, children for adoption abroad, and children for repatriation/repatriated, and lists of women and children trafficked under Section 6(o).
- Compilation of recent economic/political conditions or situationers in countries where Filipino migrant workers are present under Section 6(p).
- Treaties that may directly or indirectly affect Filipino migrant workers under Section 6(q).
- Other essential information the IAC and support agencies establish for data sharing under Section 6(r).
- The sharing of these enumerated databases and other information is governed by guidelines established by the IAC and support agencies under Section 6.
Reporting, secretariat, and funding allocation
- The IAC-SGISM and support agencies must submit appropriate reports and recommendations to the President under Section 7.
- The IAC-SGISM and support agencies must provide relevant and factual information as the basis for the joint report to Congress by the DFA and DOLE under Section 7.
- The DFA must provide a secretariat to provide administrative and support services to the IAC under Section 8.
- Ten Million Pesos (P20 M) from the Philippine Charity Sweepstakes Office is allocated to carry out the executive order under Section 9.
- After that allocation, the actual budget of the IAC must be drawn from the General Appropriations Act in accordance with Section 38 of R.A. 8042 under Section 9.
Effectivity
- The executive order takes effect immediately under Section 10.