You have submitted an FOI request
Date: 2020-03-06 14:55:45.453234
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Date: 2020-03-09 09:39:57.295420
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Date: 2020-06-09 21:31:10.623574
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Requested from USEP by Y. Rodas at 02:55 PM on
Mar 06, 2020.
Purpose: Undergraduate Thesis
Date of Coverage: 08/01/2019 - 01/01/2020
Tracking no: #USEP-005258801290
June 9, 2020 Dear Yoj Earl Rodas, Greetings! Thank you for your request dated Mar 06, 2020 02:55:45 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. Your request You asked for the Latest GWA of the 1st Year-4th Year Students in the College of Applied Economics (CAEc). Your request must conform to the requirements under the Data Privacy Act. Response to your request: You've requested for the processing of GWA of your research respondents. A student’s GWA is characterized as sensitive personal information under Sec. 3 (l)(2) of the Data Privacy Act. The Act defines sensitive personal information as any information which relates to “an individual’s health, education, genetic or sexual life of a person, or to any proceeding for any offense committed or alleged to have been committed by such person, the disposal of such proceedings, or the sentence of any court in such proceedings.” (Emphasis supplied) Moreover, under Sec. 13 of the same Act provides the manner by which sensitive personal information may be processed. Sec. 13 reads in part: Section 13. Sensitive Personal Information and Privileged Information. – The processing of sensitive personal information and privileged information shall be prohibited, except in the following cases: (a) The data subject has given his or her consent, specific to the purpose prior to the processing, or in the case of privileged information, all parties to the exchange have given their consent prior to processing; xxx (d) The processing is necessary to achieve the lawful and noncommercial objectives of public organizations and their associations: Provided, That such processing is only confined and related to the bona fide members of these organizations or their associations: Provided, further, That the sensitive personal information are not transferred to third parties: Provided, finally, That consent of the data subject was obtained prior to processing; (Emphasis supplied) xxx Your request to process the aforementioned sensitive personal information of his research subjects may fall within the purview of subsections (a) and (d) of Sec. 13 as hereinabove provided. Such a request may only be permitted when each of the data subjects has manifested his/her consent that his/her GWA will be processed. In this regard, the following is suggested: 1. There must be an express consent from the data subjects (research respondents) showing their affirmation that their GWAs be processed specifically to the purpose of the research. 2. Only when the data subject manifested their consent can the university through the Registrar’s Office release the GWA of those students. 3. As an alternative, Mr. Rodas may request from the data subjects themselves their Respective GWAs provided that the data subject expressly manifest their consent. Moreover, the disruptions caused by the pandemic cannot be the sole basis on allowing any acts which the law explicitly prohibits. The Data Privacy Act is silent as to any exceptions resulting from force majeure or other fortuitous events. We sincerely hope that this opinion suffices. For further assistance, you may review the FAQ section of the eFOI site: https://www.foi.gov.ph/help. Your right to request a review: If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to Dr. Lourdes C. Generalao, President, University of Southeastern Philippines, Bo. Obrero, Davao City. Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 calendar days from the date when we receive your review request. If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011). Thank you. Respectfully, Robert Satorre FOI Officer
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