It is the policy of the State to adopt and implement a policy of full public disclosure of all its transactions involving public interest, subject to reasonable conditions prescribed by law.1 Moreover, the 1987 Constitution guarantees the right of the people to information on matters of public concern.2
The Credit Information Corporation (CIC) adheres to the above policies and has thus taken measures to operationalize the same through this Office Order, designed to accommodate requests of information from the public as regards matters falling within the CIC’s mandate under Republic Act (RA) No. 9510.
This Manual is issued to guide and assist the CIC and the public in dealing with requests of information received under the Executive Order (E.O.) No. 2 on Freedom of Information issued on 23 July 2016 and all other types of requests for information from the public.
C.DEFINITION OF TERMS
- Information - Shall mean any record, document, paper, report, letter, contract, minutes, transcript of official meetings, maps, books, photographs, research datum, research material, film, sound and video recording, magnetic or other tape, electronic datum, computer-stored datum, or any other like or similar datum or material recorded, stored or archived in whatever format, whether offline or online, which is made, received,, or kept in or under the control and custody of the CIC pursuant to law, executive order, and rules and regulations or in connection with the performance or transaction of official business by the CIC.
- Official Record - Shall refer to information produced or received by a public officer or employee, or by a government office in an official capacity or pursuant to a public function or duty.
- Public Records - Shall include information required by laws, executive orders, rules, or regulations, to be entered, kept, and made publicly available by a government office.
- Personal Information - Shall refer to any information, whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entry holding the information, or when put together with other information would directly and certainly identify an individual
- Sensitive Personal Information - Shall refer to personal information:
a. About an individual’s race, ethnic origin, marital status, age and religious, philosophical or political affiliations;
b. About an individual’s health education, genetics, or sexual life, or any proceedings for any offense committed or alleged to have been committed by such individual, or the disposition such proceedings by any court;
c. Issued by government agencies peculiar to an individual includes, but not limited to social security numbers,
current health records’ licenses or its denials, suspension
revocation, and tax returns; and
d. Specifically established by an Executive Order or an act of Congress to be kept classified.
1 Section 28, Article II, 1987 Constitution.
2 Section 28, Article II, 1987 Constitution.
D. PROMOTION OF OPENNESS IN GOVERNMENT
- Duty to Publish Information. The CIC shall regularly publish, print and disseminate at no cost to the public and in an accessible form, in conjunction with Republic Act 9485, or the Anti-Red Tape Act of 2007, and through their website, timely, true, accurate and updated key information.
- Keeping of Records. The CIC shall create and/or maintain in appropriate formats, accurate and reasonably complete documentation or records, policies, transactions, decisions, resolutions, enactments, actions, procedures, operations, activities, communications and documents received or filed with them and the data generated or collected.
E. PROTECTION OF PRIVACY
- While providing for access to information, the CIC shall afford full protection to a person's right to privacy, as follows:
The CIC shall ensure that personal information, particularly sensitive personal information, in its custody or under its control is disclosed only as permitted by existing laws;
The CIC shall protect personal information in its custody or under its control by making reasonable security arrangements against unauthorized access, leaks or premature disclosure; and
Any CIC personnel or official who has access to personal information in the custody of the CIC shall not disclose such information except as authorized by existing laws.
- The CIC will accept requests for information only if compliant with the following requirements:
a. The request must be in writing;
c.The request shall state the name and contact information of the requesting party, as well as provide valid proof of identification and authorization; and
d.The request shall reasonably describe the information requested, and the reason for, or purpose of, the request for information.
Note: In the case of email requests, the requesting party must submit a scanned copy of the request, complying with the above mentioned requirements, and a copy of a duly recognized government ID with photo.
- In case the requesting party is unable to make a written request, because of illiteracy or due to being a person with disability, he or she may make an oral request, and it shall be reduced in writing.
The request shall be stamped received, indicating the date and time of the receipt of the written request, and the name of the person who actually received it, with a copy furnished to the requesting party. In case of email requests, the email shall be printed out and shall follow the procedure mentioned above, and be acknowledged by electronic mail. The FRO shall input the details of the request on the Request Tracking System and allocate a reference number.
All requests for information shall be acknowledged within fifteen (15) working days upon receipt of the request, evaluate the request and determine whether the request can be rejected outright, or processed further.
The request will then be routed to the proper party/group for the processing/ handling the request for information, which may be any of the following:
a. If the request information is not within CIC’s custody, the transfer of the request will be facilitated to the proper agency/department that can handle the request.
b. If the requested information is already available online, either in the CIC website, or some other website, then the requesting party with the links where the requested information may be found.
c. Should there be a need for more details regarding the request, the person handling the request shall seek clarification from the requesting party.
G. TYPES OF REQUESTS THAT CAN BE OUTRIGHT REJECTED
The CIC does not have the requested information;
The requested information contains sensitive personal information that is protected by the Data Privacy Act of 2012;
The requested information falls under the list of exceptions to Executive Order No. 2 as provided in (Annex “A”); or
The request is an unreasonable subsequent identical or substantially similar request from the same requesting party whose request has already been previously granted or denied by the CIC.
A requesting party whose request was denied may submit a written appeal to CIC within fifteen (15) calendar days from notice of denial or from the lapse of the period to respond to the request. Failure to decide within thirty (30) days is considered a denial of the appeal.
The requesting party may make a further appeal to the Office of the President under Administrative Order No. 22, s. 2011. Upon exhaustion of administrative appeal remedies, the requesting party may file the appropriate judicial action in accordance with the Rules of Court.