Scope and Application
- The updated Inventory of Exceptions applies to all government offices and instrumentalities under EO No. 02 (2016).
- The Inventory is without prejudice to existing laws, jurisprudence, rules, and regulations allowing disclosure under certain conditions (e.g., consent or court order).
- Heads of offices are obliged to promote meaningful public exercise of their right to access information on public concerns.
General Exceptions to Access to Information
- Exceptions are recognized based on the Constitution, existing laws, or jurisprudence and include:
- Information covered by Executive privilege.
- Privileged information on national security, defense, or international relations.
- Law enforcement and public safety information.
- Confidential information protecting privacy of persons including minors, victims, or accused.
- Confidential information obtained in official capacity during administrative, regulatory, or quasi-judicial functions.
- Prejudicial premature disclosure.
- Records or proceedings treated as confidential or privileged by law.
- Confidential matters under banking and finance laws.
- Other exceptions under laws, jurisprudence, rules, and regulations.
Executive Privilege
- Applies to:
- Presidential conversations, correspondence, and closed-door Cabinet meetings.
- Deliberative process privilege covering advisory opinions, intra- and inter-agency communications during decision-making stages, drafts of official decisions, orders, and memoranda.
National Security, Defense, and International Relations
- Includes:
- Information secret in the interest of national defense or security.
- Diplomatic negotiations and related secret foreign affairs information.
- Patent applications whose disclosure would prejudice national interests.
Law Enforcement and Public Safety Exceptions
- Covers:
- Investigation records whose disclosure would interfere with proceedings or fair trial, reveal confidential sources, or disclose investigative techniques.
- Informer’s privilege to protect identity of law enforcement informants.
- Information disclosure risking imminent danger to life and safety.
- Information from informants aiding carnapping cases.
- Proceedings related to the Witness Protection Program.
Protection of Privacy
- Prohibits disclosure of:
- Personal information constituting unwarranted invasion of privacy.
- Sensitive personal information as defined under the Data Privacy Act, including race, health, education, sexual life, criminal offense proceedings, and other classified personal data.
- Personal information may be disclosed only if it is a matter of public interest and does not disturb privacy nor violate laws.
- Information related to government officials may be disclosed only insofar as it concerns their official capacity.
- Source of confidential news or information.
- Confidential records protecting vulnerable groups such as minors, victims of crimes, witnesses, trafficked persons, drug dependents, and persons with HIV/AIDS.
Confidential Information from Official Capacity
- Encompasses:
- Trade secrets, intellectual property, business, financial and proprietary information.
- Statistical data to Philippine Statistics Authority.
- Records submitted to Social Security System and Philippine Identification System.
- Confidential health data and information submitted to regulatory agencies.
- Confidential government procurement data and electronic commerce material.
- Information related to mining projects, tourism accreditation, anti-money laundering reports, and insurance.
- Information on registered cultural properties.
- Data submitted to higher education regulatory bodies.
- Information related to corruption investigations and surveillance under anti-terrorism laws.
Prejudicial Premature Disclosure
- Prohibited when:
- It could lead to harmful financial speculation or endanger financial institutions.
- It would frustrate the implementation of proposed official actions unless already publicly disclosed or legally required.
Confidential or Privileged Proceedings
- Includes confidentiality of:
- Mediation and arbitration proceedings.
- Conciliation under labor law.
- Securities and insurance investigations.
- Preliminary investigations in administrative and judicial proceedings.
- Proceedings under anti-terrorism, civil service rules, and court-ordered confidentiality.
Banking and Finance Law Exceptions
- Confidentiality protected under laws such as:
- Secrecy of Bank Deposits (RA No. 1405)
- Foreign Currency Deposit Act
- General Banking Law
- Anti-Money Laundering Act and amendments
- Credit Information System Act
Other Exceptions Under Laws, Jurisprudence, and Rules
- Includes:
- Information under treaties and international agreements affecting investor-state relations and refugee proceedings.
- Testimony from government officials unless court-ordered.
- Restrictions on Statement of Assets for improper purposes.
- Non-compliance with access regulations imposed by custodian.
- Requests for non-duty-related summaries.
- Confidentiality in pending judicial cases.
- Attorney-client privilege between government lawyers and clients.
Legal Bases and Jurisprudence
- Exceptions are supported by:
- Supreme Court decisions defining executive privilege and exceptions.
- The Data Privacy Act of 2012 and related privacy-related laws.
- Relevant special laws like the Anti-Terrorism Act, Anti-Cybercrime, Labor Code, among others.
- Rules of Court, administrative orders, and circulars of government agencies.
Guidance for Government Offices
- Government offices covered by EO No. 02 are directed to:
- Follow the updated Inventory of Exceptions in evaluating requests for information.
- Ensure balance between transparency and legitimate grounds for withholding information.
- Uphold principles of transparency, proportionality, and legitimate purpose when disclosing personal and confidential information.