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Does the OSG represent gov't people who violate EO number 2?

Requested from OSG by Carlos Beltran at 07:20 AM on Mar 31, 2019.
Purpose: research/fact finding
Date of Coverage: 07/24/2017 - 01/09/2019
Tracking no: #OSG-004430371548

Carlos 07:20 AM, Mar 31, 2019

If a DOLE official violates the Freedom of Information Order by disclosing personal information of a private individual, the information is among those listed in the Inventory of Exceptions where it states:
(4)  Information deemed confidential for the protection of the privacy of persons and certain individuals such as minors, victims of crimes, or the accused. 

 Will the OSG represent this official even if the DOLE has disavowed this individual's acts?

Edsel 09:32 AM, Apr 05, 2019

April 5, 2019

Dear Carlos,

Thank you for your request dated Mar 31, 2019 07:20:45 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Does the OSG represent gov't people who violate EO number 2?.

We received your request on Mar 31, 2019 07:20:45 AM and will respond on or before Apr 20, 2019 07:20:45 AM, in accordance with the Executive Order's implementing rules and regulations.

Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEE9TRy0wMDQ0MzAzNzE1NDgM, for request with ticket number #OSG-004430371548.

Thank you.

Respectfully,

Edsel Camazo
FOI Officer

Carlos 11:22 AM, Apr 11, 2019

Received reply from Michael Escudero  [Text Redacted] April 5, 2019.  Please update FOI portal asap.  Thank you
It is our view that the request of Mr. Beltran is not within the ambit of EO No. 2 since the request does not involve the release of any information or document which is under the custody of the OSG. 

Section 1 of EO No. 2 defines information, official record/s and public record/s as:

SECTION 1. Definition. For the purpose of this Executive Order, the following terms shall mean:

(a) “Information” shall mean any records, documents, papers, reports, letters, contracts, minutes and transcripts of official meetings, maps, books, photographs, data, research materials, films, sound and video recording, magnetic or other tapes, electronic data, computer stored data, any other like or similar data or materials recorded, stored or archived in whatever format, whether offline or online, which are made, received, or kept in or under the control and custody of any government office pursuant to law, executive order, and rules and regulations or in connection with the performance or transaction of official business by any government office.
(b) “Official record/records” 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.

(c) “Public record/records” shall include information required by laws, executive orders, rules, or regulations to be entered, kept and made publicly available by a government office.

Based on the foregoing definitions, it is evident that the request of Mr. Beltran does not involve the disclosure of any information, official or public record/s. In fact, it is clear that what Mr. Beltran wants an official legal opinion of the Solicitor General on the matter; this, however, is not within the umbrella of EO No. 2.

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