UNIVERSITY OF THE PHILIPPINES (UP) PRIVACY NOTICE FOR FILIPINO CITIZENS REQUESTING ACCESS TO INFORMATION ON MATTERS OF PUBLIC CONCERN PURSUANT TO EO 2 SERIES OF 2016
The University of the Philippines is committed to uphold the right of Filipino citizens to information on matters of public concern under Article III Section 7 of the 1987 Constitution. E.O. No. 2 Series of 2016 http://www.officialgazette.gov.ph/2016/07/23/executive-order-no-02-s-2016/ which applies to the Executive Branch was issued in order to implement such right.
UP has adopted a Freedom of Information manual as required by the said E.O. In order to process FOI requests made pursuant to the above E.O. (https://www.up.edu.ph/wp-content/uploads/2018/07/Revised-UP-FOI-Manual-as-of-050718-2.pdf), the University must necessarily process the personal information of a requesting party, that is, information that identifies a requesting party as an individual.
The University is likewise committed to uphold the Philippine Data Privacy Act that implements the Constitutional right to informational privacy of data subjects. http://www.officialgazette.gov.ph/2012/08/15/republic-act-no-10173/
This notice explains in general terms, the purpose and legal basis for the processing of the personal information collected by UP in order to act on FOI requests made pursuant to the abovementioned E.O. from Filipino citizens like you, the measures in place to protect your data privacy and the rights that you may exercise in relation to such information.
The term UP/University/us/our refers to the University of the Philippines System and Constituent University offices.
The term you/your refers to Filipino citizens who make FOI requests pursuant to the provisions of E.O. No. 2 series of 2016 (“requesting parties”) .
Personal Information Collected From Requesting Parties, the Purpose and Legal Basis for Collecting the Information
FOI requests may be made through a paper-based application process filed with UP’s FOI Receiving Officer(s). We highly encourage requesting parties to lodge requests using the eFOI portal of the Presidential Communications Operations Office at https://www.foi.gov.ph/
Our FOI Receiving Officers may upload paper-based applications to the eFOI portal in order to enable the University to more efficiently process, monitor and track FOI requests.
In case you file a paper-based application with a UP office, your image may be captured by UP’s CCTVs and your information may be processed in connection with other security procedures e.g. you shall be required to present a valid government issued ID and sign the relevant logbook etc. upon your entry and exit from University offices.
Your name, citizenship and a copy of your government-issued ID indicating your Filipino citizenship or in the absence thereof, a document evidencing your Filipino citizenship, the specific purpose(s) for your request are processed by UP in order to verify your identity and to ascertain that your request involves a matter of public concern and that you are qualified to make such request pursuant to the 1987 Constitution.
Kindly note that, in the event your request is granted, and UP provides you with the information requested, the same must be used only for the purpose(s) indicated in your request pursuant to the provisions of the FOI EO, RA 6713 and its IRR, the DPA and related issuances as well as other applicable laws, regulations and issuances. You shall likewise hold UP free and harmless from all liabilities arising from the processing of the information received for purposes other than those stated in your application as well as those purposes allowed by applicable laws and regulations.
Your address and contact information (landline, mobile number, email) are processed in order for UP to verify your identity and contact you regarding your request.
The abovementioned personal information shall also be processed by UP in order to prevent fraud.
UP may also process personal information of requesting parties in order to do research on how to improve FOI implementation and to comply with reportorial requirements subject to the provisions of the DPA and applicable research ethics guidelines.
UP will keep your application form and the records regarding your request in order to protect itself from liabilities for the unauthorized processing of information.
CCTVs and other security measures which may involve the processing of your personal information are intended to protect your vitally important interests, for public order and safety and pursuant to the University and the public’s legitimate interests.
UP does not process your personal information to carry out any wholly automated decision making that affects you.
When consent is the appropriate or relevant basis for collecting your personal information, the University will obtain such consent in written, electronic or recorded form at the appropriate time.
UP is required to comply with the provisions of the National Archives Act of 2007 R.A. 9470 http://www.officialgazette.gov.ph/2007/05/21/republic-act-no-9470/ and related issuances in the archiving and disposal of your personal information.
Nondisclosure of Your Personal Information to Third Parties Except Upon Your Consent or as Required or Permitted by Law
As a general rule, UP will only disclose your personal and sensitive personal information to third parties with your consent. The University will disclose or share such information only when required or allowed by applicable laws. Note that as stated above, FOI Receiving Officers may upload your request, including your personal information in the eFOI portal in order to more efficiently process, track and monitor your request. UP is required under issuances to be enrolled in the eFOI portal and to use the same to process FOI requests. The PCOO by operating and maintaining the eFOI portal also therefore processeses your personal information.
Under the DPA, personal information may be processed e.g. disclosed, for instance, when it is necessary in order for UP to comply with alegal obligation; to protect your vitally important interests including life and health; necessary to respond to national emergency, public order and safety; necessary to fulfill the functions of public authority or for the pursuant to the legitimate interests of the University or a third party except where such interests are overridden by your fundamental rights.
Sensitive personal information (e.g. confidential educational records, age/birthdate, civil status, health, ethnicity, government-issued ID number that identifies an individual) on the other hand may be processed e.g. disclosed when such is allowed by laws and regulations, such regulatory enactments provide for the protection of such information and the consent of the data subject is not required for such law or regulation; such is needed to protect the life and health of the data subject or another person and the data subject is unable to legally or physically express consent, in thecase of medical treatment, needed for the protection of lawful rights and interests of natural or legal persons in court proceedings, for the establishment, exercise or defense of legal claims or where provided to government or public authority.
How UP Protects Your Personal Information
UP put in place physical, organizational and technical measures to protect your right to privacy and is committed to reviewing and improving the same, so as to be able to comply with the DPA.
From time to time UP posts information on relevant sites that explain how you can secure and maintain the confidentiality of your personal information. Rest assured that UP personnel are allowed to process your personal information only when such processing is part of their official duties.
As stated above the eFOI portal is operated and maintained by the PCOO. UP is engaged in an ongoing dialogue with the PCOO and NPC to help see to it that your right to data privacy is protected when the eFOI portal is used by to process FOI requests pursuant to its legal obligation.
Access To Your Personal Information
In case you request for access to or the correction of your personal information made in relation to your FOI request, UP will require you to provide a GIID to ascertain your identity and prevent fraud. In case the request is made through your representative, a letter of authorization stating the name of your authorized representative, the purpose(s) for which the requested document(s) will be used and your GIID as well as the valid GIID of your authorized representative. UP shall request a copy of the GIID that you and your representative presented.
Kindly note that since UP is under a legal obligation to use the eFOI portal to process requests there are certain requests that you may make in relation to your personal information in the portal that must be addressed to PCOO as the operator of the eFOI portal e.g. if you register via the eFOI site then the correction of your registration information must be made via the eFOI portal as UP has no means of correcting the personal information that you entered when you registered in the eFOI portal. Queries re the eFOI portal may be directed to:
Queries Regarding Data Privacy
We encourage you to visit this site from time to time to see any updates regarding this Privacy Notice.
Please also refer to the eFOI site Privacy Notice https://www.foi.gov.ph/downloads/FOI%20Privacy%20Notice.pdf
For queries, comments or suggestions regarding this System-wide privacy notice, please contact the University of the Philippines System Data Protection Officer through the following:
a. Via post
c/o the Office of the President
2F North Wing Quezon Hall
(Admin Building) University Avenue,
UP Diliman, Quezon City 1101
Philippines
b. Through the following landlines
Phone | (632) 9280110; (632) 9818500 loc. 2521
c. Through email
dpo@up.edu.ph