Institutional Framework for Updates
- The Department of Justice (DOJ) and Office of the Solicitor General (OSG) co-chair the Inter-Agency Freedom of Information Exceptions Policy Committee (IA-FOI-EPC).
- IA-FOI-EPC tasked with reviewing and updating exceptions to reflect changes in laws and jurisprudence.
- Updates circularized periodically by the Office of the President.
General Principle on Exceptions
- Exceptions apply to government bodies in the Executive department as defined under EO No. 02.
- Exceptions do not prejudice existing laws, jurisprudence, rules, or regulations that allow disclosure under certain conditions, e.g., court orders or consent.
- Evaluation of requests must balance transparency with protection of sensitive information.
Categories of Exceptions to the Right to Access Information
- Information covered by Executive Privilege
- Privileged information related to national security, defense, or international relations
- Information concerning law enforcement and protection of public and personal safety
- Information confidential for privacy protection of certain individuals
- Official information deemed confidential due to the nature of governmental functions
- Information subject to prejudicial premature disclosure
- Records or information from confidential or privileged proceedings
- Confidential banking and finance information
- Other exceptions under laws, jurisprudence, rules, and regulations
Details of Key Exception Categories
1. Information Covered by Executive Privilege
- Presidential conversations, correspondences, and closed-door Cabinet discussions.
- Deliberative process privilege covering advisory opinions, recommendations, and decision-making drafts.
- Limited to the President and close advisors.
2. Privileged Information Relating to National Security, Defense, or International Relations
- Information necessary to keep secret for national defense or security.
- Diplomatic negotiations and foreign affairs communications.
- Patent applications affecting national security.
3. Law Enforcement and Public Safety Information
- Investigation records protecting fair trial rights, confidential sources, and investigative techniques.
- Informer's privilege protecting identity of informants.
- Information whose disclosure would endanger life or safety.
- Confidentiality of witness protection proceedings and investigations on carnapping.
4. Information Confidential for Privacy Protection
- Personal data and sensitive personal information per Data Privacy Act, including health, education, criminal records.
- Exceptions for public interest disclosures made proportionately.
- Protection extended to minors, victims of crimes, accused, witnesses, trafficked persons, and similar vulnerable individuals.
- Confidentiality of records related to adoption, drug dependents, and HIV/AIDS status.
5. Official Information Deemed Confidential Due to Government Function
- Trade secrets, proprietary business or financial information.
- Data in statistical inquiries, social security records, Philippine Identification System data.
- Confidential regulatory or investigative reports.
- Information privileged under laws like Electronic Commerce Act, Philippine Mining Act, and Anti-Money Laundering Act.
- Information related to ongoing investigations and anti-corruption probes.
6. Information Subject to Prejudicial Premature Disclosure
- Disclosure likely to cause financial speculation or destabilization of financial institutions.
- Disclosure that would frustrate official actions unless previously publicly disclosed.
7. Records from Confidential or Privileged Proceedings
- Mediation and arbitration proceedings.
- Labor conciliation, construction industry arbitration.
- Securities and Exchange Commission investigations.
- Preliminary investigations and administrative cases.
- Confidential information in anti-terrorism proceedings and court-ordered confidentiality.
8. Confidentiality under Banking and Finance Laws
- Laws include Secrecy of Bank Deposits, Foreign Currency Deposit Act, General Banking Law, AMLA, Credit Information System Act, and others.
9. Other Exceptions
- Confidentiality under treaties, international agreements, and investor-state arbitration rules.
- Protection of government official testimony unless court ordered.
- Restrictions on commercial and immoral uses of Statement of Assets, Liabilities and Net Worth.
- Compliance failures with access regulations.
- Attorney-client privilege inside government lawyering.
Legal Basis and Jurisprudence
- Exceptions are supported by a variety of laws, executive orders, rules, and Supreme Court decisions cited throughout.
- Jurisprudence clarifies the extent and limits of executive privilege, privacy, and public access rights.
- Specific statutes such as the Data Privacy Act, Anti-Terrorism Act, and Anti-Money Laundering Act provide detailed provisions.
Implementation Guidelines
- Government officials must evaluate information requests carefully to protect rights and privacy.
- Disclosure must adhere to principles of transparency, legitimate purpose, and proportionality.
- Exceptions are not absolute; disclosure may be warranted when public interest outweighs confidentiality.
- This circular serves as guidance for all government offices and instrumentalities under EO No. 02 and to the general public.