Dear PAO,
Sometime last month, I visited a public hospital for a health consultation, to which I was prescribed and given free medicines. I asked the hospital staff for the name of the public doctor who attended to me. However, the staff said that she cannot divulge the name of the doctor as it is a violation of the Data Privacy Act. Is she correct?
Ai-ai
Dear Ai-ai,
While Republic Act (RA) 10173 or the Data Privacy Act of 2012 was enacted to ensure the security and protection of an individual’s personal information and communication in the government and private sectors, the said law provides certain exceptions for information to be allowed public disclosure, to wit:
“SEC. 4. Scope. – This Act applies to the processing of all types of personal information and to any natural and juridical person involved in personal information processing including those personal information controllers and processors who, although not found or established in the Philippines, use equipment that are located in the Philippines, or those who maintain an office, branch or agency in the Philippines subject to the immediately succeeding paragraph: Provided, That the requirements of Section 5 are complied with.
This Act does not apply to the following:
(a) Information about any individual who is or was an officer or employee of a government institution that relates to the position or functions of the individual, including:
(1) The fact that the individual is or was an officer or employee of the government institution;
(2 )The title, business address and office telephone number of the individual;
(3) The classification, salary range and responsibilities of the position held by the individual; and
(4) The name of the individual on a document prepared by the individual in the course of employment with the government;
(b) Information about an individual who is or was performing service under contract for a government institution that relates to the services performed, including the terms of the contract, and the name of the individual given in the course of the performance of those services; (Emphasis ours)
Applying the foregoing, the hospital staff was incorrect in claiming that providing the name of the public doctor was a violation of the Data Privacy Act. On the contrary, the said law permits the sharing of certain personal information, provided there is compliance with the requirements of the Act and other laws allowing the disclosure of information to the public. This is in adherence to the principles of transparency in the public service.
Moreover, Republic Act (RA) 6713, known as the “Code of Conduct and Ethical Standards for Public Officials and Employees,” prescribes the ethical standards required of the public officials and employees in the discharge of their official functions, that is, to embody the principle of public office being a public trust. In this regard, all government officials and employees are mandated to conduct their roles with utmost responsibility, transparency, competency and loyalty, particularly:
“Section 4. Norms of Conduct of Public Officials and Employees. — (A) Every public official and employee shall observe the following as standards of personal conduct in the discharge and execution of official duties:
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(e) Responsiveness to the public. — Public officials and employees shall extend prompt, courteous, and adequate service to the public. Unless otherwise provided by law or when required by the public interest, public officials and employees shall provide information of their policies and procedures in clear and understandable language, ensure openness of information, public consultations and hearings whenever appropriate, encourage suggestions, simplify and systematize policy, rules and procedures, avoid red tape and develop an understanding and appreciation of the socio-economic conditions prevailing in the country, especially in the depressed rural and urban areas.
Therefore, each citizen has a fundamental right to information and access to records of public concern, including the name of the public officer or employee they transact with.
We hope that we are able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]