Interim Guidelines on the Release of Documents Related to Dengue Immunization

March 27, 2018

DOH ADMINISTRATIVE ORDER NO. 2018-0011

 

I. BACKGROUND AND RATIONALE

The Department of Health (DOH) implemented the dengue immunization program using the CYD-Tetravalent Dengue Vaccine (Dengvaxia) in 2016. However, said program was discontinued after it has been placed under public scrutiny following an announcement made by its manufacturer on November 29, 2017 concerning the possibility of increased risk of severe or hospitalized dengue among seronegative individuals following dengue infection. AScHCD

Relative to the foregoing, the DOH received several requests for information, data, records, and documents related to the dengue immunization program. It has been subject to various inquiries from the Congress and other government agencies authorized by law to conduct investigations, as well as to private entities/individuals and media outfits. This Order is therefore issued to guide DOH units and other concerned offices in releasing documents or information related to the dengue vaccine controversy in accordance with Executive Order No. 2, series of 2016,otherwise known as "Operationalizing in the Executive Branch the People's Constitutional Right to Information and the State Policies of Full Public Disclosure and Transparency in the Public Service and Providing Guidelines Therefor," and Republic Act No. 10173,otherwise known as "Data Privacy Act of 2012," as well as its Implementing Rules and Regulations (IRR).

II. OBJECTIVES

1. To identify relevant provisions from E.O. No. 2, series of 2016 and Republic Act No. 10173 or the Data Privacy Act of 2012 and its IRR that generally applies to documents related to the dengue vaccine issue; and

2. To prescribe steps to be undertaken in order to ensure compliance with pertinent laws concerning the release of documents or information related to the dengue vaccine issue.

III. SCOPE AND COVERAGE

This issuance shall apply to all concerned DOH Bureaus and Offices, Regional Offices, Specialty Hospitals, medical centers, hospitals, sanitaria and institutes, PhilHealth and others concerned. This shall also apply to provincial and municipal/city health offices, facilities and schools that implemented the dengue immunization program.

IV. DEFINITION OF TERMS

A. Freedom of Information (FOI) — refers to the right to information as embodied in E.O. No. 2, s. 2016.

B. Exceptions to Right of Access to Information — refers to the list of exceptions to E.O. No. 2, s. 2016 as appended in the Memorandum from the Executive Secretary dated 24 November 2016, pursuant to Section 4 of the said order.

C. Personal Information — according to Sec. 3 (g), Rule 1, RA 10173 refers 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 entity holding the information, or when put together with other information would directly and certainly identify an individual.

D. Sensitive Information — according to Sec. 3 (1) Rule 1, RA 10173, it refers to personal information:

1. About an individual's race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations;

2. About 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 individual, the disposal of such proceedings, or the sentence of any court in such proceedings;

3. Issued by government agencies peculiar to an individual which includes, but is not limited to, social security numbers, previous or current health records, licenses or its denials, suspension or revocation, and tax returns; and,

4. Specifically established by an executive order or an act of Congress to be kept classified.

E. Redaction — refers to the process of editing a document to hide or remove confidential parts of a text before distribution.

V. GENERAL GUIDELINES

1. The release of official documents, particularly those related to the dengue immunization program implemented by the Department, is governed by Executive Order No. 2, series of 2016 and Republic Act No. 10173 or the Data Privacy Act of 2012 and its Implementing Rules and Regulations (IRR). Hence, everyone is directed to observe Department Order No. 2017-0236, or the 'Guidelines on the Implementation of the Freedom of Information (FOI)Program and Open Data Initiative (ODI) in the DOH' and other related issuances and orders, including the Freedom of Information (FOI) Manual (as of November 25, 2016) of the Department. AcICHD

2. Personal and sensitive information of patients should be protected at all times. The written consent of the patient or his/her parents or legal guardian must be obtained before any release, processing or sharing of their personal and sensitive information can be made. The consent must specifically state the information which the patient is allowing to be released, processed or shared and its purpose.

3. The medical records of the patient that is requested or to be released to their authorized representative must be secured with a Special Power of Attorney (SPA) or an authorization under oath, specifically issued for that purpose.

VI. SPECIFIC GUIDELINES

1. Master list of dengue vaccine recipients

A copy of the master lists of children or individuals vaccinated with Dengvaxia may not be released or shared except to government agencies with existing Data Sharing Agreement with the DOH and to other government agencies authorized by law to conduct investigations (NPC Circular 16-02 dated October 10, 2016; NPC Privacy Policy Office Advisory Opinion No. 2018-007 dated 26 February 2018).

2. Final reports

Final reports, resolutions, recommendations, and documents that indicates final actions, may be released to the public or FOI requester. A report is considered final if the same has been vetted and approved by the authorized DOH official. The initial drafts, minutes of meetings, and preliminary discussions on matters which are subject for final decision/action, including investigation and fact-finding reports, the disclosure of which will likely or significantly defeat the implementation of a proposed official action, except when such disclosure is required by law, are considered as prejudicial premature disclosure thus, excepted from FOI (item 6, list of exceptions, Memorandum from the Executive Secretary dated 24 November 2016).

3. Redacted documents

Reports, abstracts, lists, or any document which does not inherently fall under the list of exception but contains or cites personal and sensitive information of an individual, proprietary information or any other information which falls under the exception, must be completely redacted, before its release to the public or FOI requester (Section 3, E.O. No. 2, s. 2016 in relation to item 6, list of exceptions, Memorandum from the Executive Secretary dated 24 November 2016).

4. Documents submitted to the government in the exercise of their administrative, regulatory or quasi-judicial powers

"Information, documents or records known by reason of official capacity and are deemed as confidential, including those submitted or disclosed by entities to government agencies, tribunals, boards, or officers, in relation to the performance of their functions, or to inquiries or investigation conducted by them in the exercise n of their administrative, regulatory or quasi-judicial powers" (item 5, list of exceptions, Memorandum from the Executive Secretary dated 24 November 2016) must be released/shared.

VII. MISCELLANEOUS PROVISION

1. In case of serious doubt whether the information, document or data, falls under the exception to the right of access to information, advisory opinion from the National Privacy Commission (NPC) concerning the Data Privacy Act of 2012, or inquiry from the Presidential Communications Operations Office (PCOO) in connection with E.O. No. 2, s. 2016 should be made before the document is released or shared.

2. This directive however, should not be interpreted as a restriction to any lawful order of government authorities authorized by law to conduct investigations, and/or courts to produce pertinent document/information.

VIII. EFFECTIVITY

This Order shall take effect immediately.

(SGD.) FRANCISCO T. DUQUE III, MD, MSc.Secretary of Health

 

n Note from the Publisher: Written as "execise" in the original document.