Inventory of Exceptions to Information Access

Legal basis and related issuances

Executive Order No. 02 (s. 2016) provides the right to access to information and directs updating of the Inventory of Exceptions.
Section 4 of Executive Order No. 02 (s. 2016) directs the Department of Justice (DOJ) and the Office of the Solicitor General (OSG) to update the Inventory of Exceptions and requires the Office of the President (OP) to accordingly reflect the updates.
Memorandum Circular No. 49 (s. 2018) creates the Inter-Agency Freedom of Information Exceptions Policy Committee (IA-FOI-EPC), with DOJ and OSG as co-chairs, to review and periodically update the Inventory.
Memorandum Circular No. 89 (c. 2021) circularizes the previously updated Inventory of Exceptions dated 16 September 2021.
IA-FOI-EPC Resolution Nos. 2021-002 and 2022-001 propose further updates that are adopted through this circular.

Policy, intent, and guidance mandate

Government offices must ensure the meaningful exercise of the public’s right to access to information on public concerns.
The updated list of exceptions is intended to guide heads of offices and other offices covered by Executive Order No. 02 (s. 2016).
The circular enjoins evaluation of requests by ensuring the right to access is exercised meaningfully for public concerns.
The exceptions operate alongside existing legal authorizations for disclosure under specified conditions.

Coverage and scope of exceptions

The exceptions apply to government offices and instrumentalities covered by Executive Order No. 02 (s. 2016) and to the general public.
The exceptions are recognized by the Constitution, existing laws, or jurisprudence.
Executive privilege and deliberative process privilege are treated as separate bases under the inventory’s exception categories.
The inventory also recognizes additional exceptions under “other exceptions” drawn from laws, jurisprudence, rules, and regulations.

Executive privilege exceptions

Information covered by executive privilege is an exception to the right of access.
The exception covers presidential conversations, correspondences, and discussions in closed-door Cabinet meetings.
The exception also covers deliberative process privilege, including advisory opinions, recommendations, resolutions, minutes of meetings, and deliberations forming part of the process by which governmental decisions and policies are formulated.
The deliberative process privilege covers intra-agency or inter-agency recommendations or communications during the stage when common assertions are still being formulated or are in the exploratory stage.
The deliberative process privilege covers information pertaining to the decision-making of executive officials.
The exception includes information, record, or document comprising drafts of decisions, orders, rulings, and policy decisions, including memoranda.

National security, defense, and foreign affairs exceptions

Information privileged due to national security, defense, or international relations is an exception to the right of access.
The exception covers information, records, or documents that must be kept secret in the interest of national defense or security.
The exception covers diplomatic negotiations and other information required to be kept secret in the conduct of foreign affairs.
The exception covers patent applications the publication of which would prejudice national security and interests.

Law enforcement and public safety exceptions

Information concerning law enforcement and protection of public and personal safety is an exception to the right of access.
The exception covers investigation records compiled for law enforcement purposes, to the extent that production would interfere with enforcement proceedings.
The exception covers investigation records to the extent that disclosure would deprive a person of a right to a fair trial or an impartial adjudication.
The exception covers investigation records to the extent that disclosure would disclose the identity of a confidential source; for criminal investigations, this includes confidential information furnished only by the confidential source.
The exception covers investigation records to the extent that disclosure would unjustifiably disclose investigative techniques and procedures.
The exception covers informer's privilege and the Government’s privilege not to disclose the identity of persons furnishing information of violations of law to law enforcement officers.
The exception covers when disclosure would put an individual’s life and safety in imminent danger.
The exception covers information given by informants leading to the recovery of carnapped vehicles and the apprehension of persons charged with carnapping.
The exception covers all proceedings involving application for admission into the Witness Protection Program and the action taken thereon.

Privacy and confidentiality of persons

Information deemed confidential for the protection of privacy of persons and certain individuals is an exception to the right of access.
The exception covers information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy, including personal information or records, and sensitive personal information.
The inventory defines sensitive personal information by reference to the Data Privacy Act of 2012 and enumerates it as information about an individual’s (1) race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations; (2) health, education, genetic or sexual life, and proceeding for any offense committed or alleged, disposal of proceedings, or court sentence; (3) government agency–peculiar information including social security numbers, previous or current health records, licenses or their denial, suspension or revocation, and tax returns; and (4) information specifically established by an executive order or an act of Congress to be kept classified.
Personal information may be disclosed only to the extent the requested information is shown to be a matter of public concern or interest, does not meddle with or disturb the private life or family relations of the individual, and is not prohibited by law or regulation.
Disclosure of personal information must follow transparency, legitimate purpose and proportionality.
Information about an officer or employee of a government institution is allowed to the extent it relates to the position or functions of the individual, including (1) the fact of employment; (2) title, business address, and office telephone; (3) classification, salary range, and responsibilities; and (4) the name of the individual on a document prepared in the course of employment.
The exception covers the source of any news report or information appearing in newspapers, magazines or periodicals of general circulation obtained in confidence.
The exception covers records of proceedings and processes deemed confidential by law for privacy and/or protection of certain individuals, including multiple enumerated child- and victim-protection categories (including child and family case records, children in conflict with the law, victims and witnesses, victims in violence against women cases, support-action records, trafficked persons information, names of victims of child abuse, gender-based sexual harassment victims and minors, adoptions and related child identity information, bullying retaliation student names, children in armed conflict situations, specified drug-offender records under the drug rehabilitation framework, and identity/status/medical records of individuals with Human Immunodeficiency Virus (HIV) and HIV/AIDs testing results).

Confidential business, proprietary, and regulatory submissions

Information, documents, or records deemed confidential because they are known by reason of official capacity and treated as confidential are an exception.
The exception covers confidential submissions and disclosures by entities to government agencies, tribunals, boards, or officers in relation to performance of functions, and to inquiries or investigations under administrative, regulatory, or quasi-judicial powers.
The exception includes trade secrets and intellectual property and other proprietary information.
The exception includes data furnished to statistical inquiries, surveys and censuses of the Philippine Statistics Authority.
The exception includes records and reports submitted to the Social Security System by employers or members.
The exception includes information of registered persons with the Philippine Identification System.
The exception includes information gathered for the HIV and AIDS monitoring and evaluation program under Republic Act No. 11166 and related health intelligence activities.
The exception covers confidential information submitted to the Philippine Competition Commission prohibited from disclosure by law, including the identity of the person who provided the information under anonymity.
The exception covers applications and supporting documents filed pursuant to the Omnibus Investments Code of 1987.
The exception covers documents submitted through the Government Electronic Procurement System.
The exception covers information obtained from accessing any electronic key, electronic data message, or electronic document book, register, correspondence, information or other material pursuant to powers under the Electronic Commerce Act of 2000.
The exception covers confidential information supplied by contractors in mineral agreements and financial or technical assistance agreements pursuant to the Philippine Mining Act of 1995 and its IRR, during the term of the project.
The exception covers information received by the Department of Tourism in relation to accreditation of accommodation establishments and travel and tour agencies.
The exception covers the fact that a covered transaction report to the Anti-Money Laundering Council (AMLC) has been made, the contents thereof, or any information in relation thereto.
The exception covers information submitted to the Tariff Commission that is by nature confidential or submitted on a confidential basis.
The exception includes certain information and reports submitted to the Insurance Commissioner under the Insurance Code.
The exception covers information on registered cultural properties owned by private individuals and data submitted by a higher education institution to the Commission on Higher Education (CHED).
The exception covers any secret, valuable, or proprietary information of a confidential character known to a public officer, or secrets of private individuals.
The exception covers records or information in connection with any investigation by the Presidential Anti-Corruption Commission (PACC) when disclosure will deprive the respondent of the right to a fair and impartial investigation.
The exception covers records of surveillance of suspects and interception and recording of communications acquired by a law enforcement agent or military personnel pursuant to the Anti-terrorism Act of 2020.

Premature disclosure and financial instability

Information whose premature disclosure is likely or significantly harmful is an exception.
For a department, office, or agency that regulates currencies, securities, commodities, or financial institutions, premature disclosure is an exception if it is likely to lead to significant financial speculation in currencies, securities, or commodities, or significantly endanger the stability of any financial institution.
Premature disclosure is also an exception if it is likely or significantly frustrate implementation of a proposed official action.
Premature disclosure does not qualify for this exception where the department, office, or agency has already disclosed to the public the content or nature of its proposed action.
Premature disclosure also does not qualify where the department, office, or agency is required by law to make such disclosure on its own initiative prior to taking final official action on the proposal.

Confidential or privileged proceedings and records

Records of proceedings or information from proceedings treated by law or relevant rules as confidential or privileged are an exception.
The exception includes mediation and domestic or international arbitration proceedings, including records, evidence, and arbitral awards under the Alternative Dispute Resolution Act of 2004.
The exception includes matters involved in an Investor-State mediation.
The exception includes information and statements made at conciliation proceedings under the Labor Code.
The exception includes arbitration proceedings before the Construction Industry Arbitration Commission (CIAC).
The exception includes results of examinations made by the Securities and Exchange Commission (SEC) on corporate operations, books and records, and interrogatories and answers.
The exception covers information related to investigations deemed confidential under the Securities Regulations Code.
The exception covers all proceedings prior to issuance of a cease and desist order against pre-need companies by the Insurance Commission.
The exception covers information related to assignment of cases to reviewing prosecutors or undersecretaries for violations of the Comprehensive Dangerous Drugs Act of 2002.
The exception includes investigation report and supervision history of a probationer.
The exception covers matters classified as confidential under the Anti-Terrorism Act of 2020 and its IRR.
The exception includes preliminary investigation proceedings before committees on decorum and investigation of government agencies.
The exception includes investigation proceedings and records during preliminary investigation in administrative cases in the civil service.
The exception includes information deemed confidential or privileged under Supreme Court rules (including disbarment proceedings, DNA profiles and results, or court-ordered confidentiality).
The exception includes information on bank inquiry orders issued by the Court of Appeals, including contents and receipt.
The confidentiality of certain proceedings is lifted after the issuance of the cease and desist order against pre-need companies.

Banking and finance confidentiality

Matters considered confidential under banking and finance laws and their amendatory laws are an exception.
The inventory identifies banking and finance confidentiality bases under statutes including RA No. 1405, RA No. 6426, RA No. 8791, RA No. 9160 (as amended by RA No. 11521), RA No. 9510, and RA No. 245 as amended by Presidential Decree No. 1878.

Other exceptions under laws and jurisprudence

Other exceptions recognized by laws, jurisprudence, rules, and regulations are an exception.
Treaty- and agreement-based confidentiality is an exception, including where disclosure would prejudice legitimate commercial interests or competitive position of investor-states under investment agreements.
The exception includes confidential or protected information under UNCITRAL Transparency Rules for treaty-based investor-state arbitration.
The exception includes refugee proceedings and documents under the 1951 Convention Relating to the Status of Refugees, as implemented by DOJ Circular No. 58 (s. 2012).
Testimony from a government official is an exception unless pursuant to a court or legal order.
The exception applies when the purpose of the request for Statement of Assets, Liabilities and Net Worth is (1) any purpose contrary to morals or public policy; or (2) any commercial purpose other than by news and communications media for dissemination to the general public.
Noncompliance with regulations on access of records imposed by the records custodian is treated as an exception circumstance.
The exception includes lists, abstracts, and summaries of information requested when such lists, abstracts, or summaries are not part of the duties of the government office requested.
The exception includes information and proceedings deemed confidential under rules and regulations issued by relevant government agencies or as decided by the courts.
The exception includes requested information that pertains to comments and disclosures on pending cases in judicial proceedings.
The exception includes attorney-client privilege existing between government lawyers and their client.

Conditional recognition and prejudice limits

The exceptions apply while preserving disclosure authorizations under existing laws and jurisprudence that allow disclosure of excepted information upon satisfaction of certain conditions.
Disclosure authorization may arise through mechanisms such as the consent of the concerned party or court orders requiring disclosure.
Heads of offices must evaluate requests in a manner that protects the right to access to information on public concerns through meaningful exercise.

Committee and inventory update framework

The IA-FOI-EPC periodically reviews and updates the Inventory of Exceptions to reflect changes in existing laws and jurisprudence.
The updated Inventory circulated through this circular is provided for the guidance of offices covered by Executive Order No. 02 (s. 2016) and the general public.