By Edg Adrian A. Eva, Reporter
The Philippines needs an Electronic Freedom of Information (EFOI) law to ensure better access to government data, as a study showed that the public’s access to such information on the internet remains a hurdle, according to experts on Friday.
Oliver Xavier A. Reyes, a former judicial staff head of the Supreme Court, said Executive Order No. 2 issued in 2016, which has been operationalizing the current FOI framework, is constrained by various exceptions that limit the public’s access to government records.
“Kung magkaroon ng panibagong EFOI, ang ibang mga exceptions dito ay dapat hindi na current, hindi na applicable sa ngayon, at puwedeng tanggalin na [If a new EFOI is passed, some of the exceptions should no longer be current, no longer applicable today, and may already be removed],” Mr. Reyes said during the press conference on the presentation of the findings of the Data for Development in South and Southeast Asia (D4D) report.
The D4DHub report found that while the Philippine Constitution guarantees the right to information on matters of public concern, actual access to information through the internet remains a hurdle.
The report was based on a review and analysis of laws, policies, and initiatives affecting data governance practices in South and Southeast Asia, including the Philippines.
Mr. Reyes cited the Statement of Assets, Liabilities, and Net Worth (SALN) as an example, noting that requests are still processed manually and have become more stringent due to a memorandum issued by the Ombudsman in 2020.
He added that if the government were more proactive in easing the requirements, SALNs of officials could potentially be made accessible online.
The EFOI would also provide a clearer guideline on what types of information the government may justifiably deny, Mr. Reyes said, citing several cases of unjustified rejections under the current FOI portal.
He also noted that the measure should establish clearer rules on possible violations related to the unjustifiable withholding of information.
“So what happens is that even a judge who is forced to decide on a freedom of information case doesn’t really have comprehensive guidelines,” Mr. Reyes said.
“The absence of an EFOI statute is one of our observations that is diminishing freedom or openness of information.”
Jose Jesus M. Disini Jr., associate professor at the University of the Philippines College of Law, told BusinessWorld that apart from considering the enactment of the EFOI law, the government also has to take into account the cost and sustainability of making information accessible to the public.
“What the government can do, and what it is good at, is making data available through regulation,” Mr. Disini said in an interview at the sidelines of the press conference.
“In other words, the government makes this data available in a particular format — something like open data, such as the Open Data Initiative,” he added.
Mr. Disini added that the government should also tap third parties, such as the private sector, to help maintain the potential portal once the EFOI is in place.
In July, a Philippine lawmaker filed a Freedom of Information (FOI) bill requiring the full disclosure of the SALN of all officials across all branches of government.
The Senate Bill No. 723 also requires agencies to publish annual budgets, itemized collections and disbursements, procurement plans, plantilla positions and vacancies, as well as details on loans, bids, and contracts. It further mandates the timely updating of such records on agency websites.