Policy Guidelines on Security Consciousness and Secrecy Discipline Dissemination of Information via Internet and Other ICT Devices

May 20, 2012

PNP MEMORANDUM CIRCULAR NO. 003-12

POLICY GUIDELINES ON SECURITY CONSCIOUSNESS AND SECRECY DISCIPLINE IN THE RECORDING, UPLOADING, POSTING OR DISSEMINATION OF INFORMATION VIA THE INTERNET OR THROUGH OTHER INFORMATION AND COMMUNICATIONS TECHNOLOGY (ICT) DEVICES BY THE PNP PERSONNEL

1. References:

a. Republic Act No. 9995, the Anti-Photo and Video Voyeurism Act, dated February 15, 2010; CaDSHE

b. Republic Act No. 8792, the Electronic Commerce Act dated June 14, 2000;

c. Philippine National Police Regulations No. 200-012 Promulgating Rules Governing Security of Classified Matters in all Philippine National Police Offices and Units;

d. Activation of DICTM pursuant to NHQ-PNP General Orders Number DPL-09-08 dated April 1, 2009;

e. NAPOLCOM Memorandum Circular No. 2007-001 (Uniform Rules of Procedure before the Administrative Disciplinary Authorities and the Internal Affairs Service of the Philippine National Police); and

f. Republic Act No. 6713, "An Act Establishing a Code of Conduct and Ethical Standards for Public Officials and Employees, to Uphold the Time-Honored Principle of Public Office Being a Public Trust, Granting Incentives and Rewards for Exemplary Service, Enumerating Prohibited Acts and Transactions and Providing Penalties for Violations Thereof and for Other Purposes", dated February 20, 1989.

2. Purpose:

There have been incidents in the past when the image of the PNP was blemished because of the irresponsible actions by some personnel who recorded, uploaded, posted, or disseminated photos, videos and other materials on the Internet without proper authorization from their respective commanders. Some of these materials showed some PNP members performing activities that are unofficial and illegal or offensive to public morals.

PNP Regulations 200-012 provides procedures for the proper handling of classified information. However, there is a need to provide clear and concise guidelines that will regulate the dissemination of declassified information on the Internet, because without exercising extreme care in doing such activity, the PNP might be put in a very embarrassing situation that would compromise its integrity as a law enforcement organization. aCTHEA

Hence, the purpose of this Memorandum Circular is to provide guidelines for the recording, uploading, posting or dissemination through ICT devices of materials considered as official and those that are not official but may contain information detrimental to the image and integrity of the PNP organization.

3. Scope:

This Memorandum Circular applies to all Uniformed and Non-Uniformed Personnel (NUP) of the PNP.

4. Definition of Terms:

a. Classified Matter — pertains to official information that cannot be released for general consumption either within the government or to the public since such dissemination would be of material value to an enemy or potential enemy. For the categories of classified matter, please see Section 6.a.1 to 6.a.4 of this Memorandum Circular.

b. Disseminate — to publish or spread information, wittingly or unwittingly, regardless of the number of intended recipients.

c. ICT Device — this covers the hardware (computer, mobile phone, digital camera, sound/video recorder, etc.), software, protocols, and storage and communication media used by the device, as a system.

d. Internet — a worldwide interconnection of millions of computer networks and databases. It is popularly referred to as the Information Superhighway, the Web, or simply as the Net. This also includes social networking sites.

e. Official matter, material or document — any material that contains information pertaining to the identity, plans, programs, activities and resources of the PNP. This also includes any information pertaining to a member or members of the PNP who are performing or tasked to perform official functions. cCAIaD

f. Photographic Material — a scanned picture or digitally captured photograph.

g. Pirated Software — a computer software that was acquired through illegal means or duplicated and distributed without authorization.

h. Posting — the act of sending electronic message, sound, photo or video material, wittingly or unwittingly, to a social networking site, forum, chat room, or other ICT device.

i. Social Networking Site — an Internet website that services activities for social interactions such as Facebook, YouTube, Friendster and Twitter.

j. Software — A set of instructions encoded in a computer (and its peripheral equipment) to execute a command or to process data. It uses a computer understandable language. These are the non-physical components, which may be an operating system, a development language, database management system, network management software, set of computer tools and utilities, or an applicable package, as well as the machine-coded instructions that direct and control the different hardware facilities. HISAET

k. Uploading — sending an electronic file or document using e-mail or other means, wittingly or unwittingly, to a website or other ICT device for storage or sharing.

l. Video Material — a whole recording or portions of a movie or other video productions.

5. Policies:

a. Information security is a command responsibility. As a policy, the heads of PNP Offices/Units shall, at all times, be responsible for the physical safety and security of all official documents in their custody. They shall ensure that only those authorized personnel are given access to classified information.

b. It is the policy of the PNP that all personnel should be extremely careful in handling and using information, whether classified or not, especially if disclosure of such will affect the image or integrity of the PNP organization.

6. Guidelines:

a. All PNP personnel are strictly prohibited to record, upload, post, or disseminate classified information on the Internet or through ICT devices. Based on PNP Regulations 200-012, the following are the categories of Classified Information:

1) Top Secret — those information and materials that require the highest degree of protection. Applies only to those information or materials and security aspect of which are paramount and whose unauthorized disclosure would cause exceptionally grave damage or danger to the nation, politically, economically, and to the nation's peace and order and security.

a) The following are considered "Top Secret" information or materials:

a.1. Those that may lead to a definite break in the diplomatic relations or which may affect the security of the Philippines; and

a.2. Those which may lead to the compromise of police or security plans, intelligence operations or drastic political or economic projects, or scientific or technological developments vital to the security. HTAIcD

b) Examples of information and material which normally will be graded "Top Secret":

b.1. Strategic plan documenting the overall conduct of the nation's security;

b.2. National police planning documents that contain worldwide:

b.2.1. Planning data and assumptions;

b.2.2. Police operations planning factors for highly classified technical crime equipment and weapons;

b.2.3. National police intelligence estimate of enemy and criminal elements capabilities; and

b.2.4. Force composition and developments.

b.3. Documents containing consideration in sub-paragraph b.2 directly related to a "Top Secret" national police planning document, the unauthorized disclosure of which standing alone could result in an actual compromise of a particular "Top Secret" plan. These documents do not necessarily include proposed budgets, current peacetime deployment of units or supplies, or peacetime manpower or organization programs of future years; cTEICD

b.4. Intelligence documents that contain completed intelligence of such scope that it revealed major intelligence production efforts of the Philippines and which would permit an evaluation by recipients of the success and capabilities of the Philippine Intelligence agencies;

b.5. Plan or policy governing intelligence operations provided that compromise of such plan or policy or operation will result in exceptionally grave damage to the country and not just to individuals or groups of individuals;

b.6. Very important political documents dealing with such matters as negotiations for major alliances and the like;

b.7. Major governmental projects such as drastic proposal to adjust nation's economy or political setup;

b.8. Matters relating to new and far-reaching experimental, technical, and scientific developments in methods of police operations;

b.9. Critical information about cryptography so far as it relates to devices or equipment under development;

b.10. Detailed compilation of data to include analysis of the country's geographical, economic and industrial build-up and status which are essential in satisfying and supporting the nation's security plans; and aSITDC

b.11. Compilation of secret documents, the aggregation of which increase their overall security value.

2) Secret — those information and materials whose unauthorized disclosure would endanger national security, cause serious injury to the interest or prestige of the nation or of any governmental activity or would be of great advantage to a foreign nation.

a) The information or material is considered "Secret", if it would:

a.1. Jeopardize the international relations of the Philippines;

a.2. Endanger the effectiveness of a program or governmental scheme or policy of vital importance to the security;

a.3. Compromise national police plans or scientific or technological developments important to the security; and

a.4. Reveal important intelligence operation.

b) Examples of information and material that normally will be graded "Secret":

b.1. National Police plans or complete plans for future police operations not included under Top Secret and documents showing the disposition of our police forces, the unauthorized disclosure of which could result in an actual compromise thereof;

b.2. High-level directives dealing with important negotiations distinct from major negotiations with other countries; HAIDcE

b.3. Security or other police plans not included under the "Top Secret" or preceding sub-paragraph involving safety of vital areas together with the related particulars of operations;

b.4. New designs of aircraft, projectiles, armor, and other devices not classified as "Top Secret". Grading of material information or project as "Secret" is, however, justified if:

b.4.1. It materially influences a major aspect of police tactics;

b.4.2. It is sufficiently revolutionary to result in major advance in existing techniques; and

b.4.3. It is liable to compromise some other classified projects.

b.5. Specific information that reveals police capabilities or state of preparedness of the PNP such as detailed organization of existing and reserve units;

b.6. Particulars of operations in progress such as strength of forces engaged in hostilities or quantity or nature of their equipment, or identity or composition of units in an active area of operations and adverse report on general morals affecting major police operations;

b.7. Police maps, charts and air photographs covering security areas, establishments or installations, such as police ports and airfields, camps, signal installations, etc. Maps, charts or air photographs will be graded in accordance with the basic classification; IDTHcA

b.8. Intelligence and other information not classified as "Top Secret" but which could reveal a secret source and the value of which depends upon concealment of possession of the same;

b.9. Communication security devices and cryptographic materials that reveal information of vital importance to the security;

b.10. Police troop movements in operational areas, to include major shifts of forces and supplies;

b.11. Intelligence plans and estimates;

b.12. Order of battle information, location and moves affecting it. Information on enemy and criminal elements' order of battle will be graded according to the classification of the means by which it was obtained;

b.13. Compilation of confidential matter, the aggregation of which increases their overall security value;

b.14. Roster or list of intelligence personnel; and

b.15. Documents that contain the following elements of information concerning police troop movements or individual travel in operational area, either direct or by implication, require a classification of "Secret":

b.15.1.  Inter-island or inter-zone geographic destinations; IADaSE

b.15.2.  Date and time of departure from port of embarkation, port enroute or airport;

b.15.3.  Route, name or destination of ship or convoy or aircraft;

b.15.4.  Estimated time of arrival at inter-island or inter-zone destination or ports enroute;

b.15.5.  The meaning of assigned shipment numbers so far as the inter-island or inter-zone destination is concerned;

b.15.6.  The inter-island or inter-zone destination represented by a temporary PNP PO Number; and

b.15.7.  Events enroute involving every action.

3) Confidential — information and material whose unauthorized disclosure of which, while not endangering the national security, would be prejudicial to the interest or prestige of the nation or any government activity, or would cause administrative embarrassment or unwarranted injury to an individual or would be of advantage to a foreign nation.

a) Examples of information material that normally will be graded confidential are:

a.1. Routine police operations and law enforcement reports that contain information of value but not of vital interest to the criminal elements and enemy of the state; ScaHDT

a.2. Routine intelligence reports;

a.3. Plans of government projects such as land development, hydro-electric schemes, road development or development of areas, etc.;

a.4. Technical matter not of major importance but which has distinct police value or requires protection, new weapons calculated to influence minor tactics, or service test of police equipment of a standard weapon;

a.5. Police radio frequency and call sign allocations of special significance or those that are changed frequently for security reasons;

a.6. Materials and devices relating to communication security;

a.7. Meteorological information of designated areas;

a.8. Operational and tactical police doctrine or lessons learned in operation;

a.9. Documents that contain the following elements of information concerning police troop movements or individual travel, either directly or by implication, require a classification of "Confidential": AIcECS

a.9.1. Information or description of unit, movements of non-operational significance in areas within or adjacent to operational areas; and

a.9.2. Complete list of tabulation of units combined with and included under a single shipment for overseas shipment. The combination of a single unit, its overseas shipment number and letter, however, is a restricted information.

a.10. Documents or manual containing technical information used for training in or maintenance of inspection of classified supplies on police operations;

a.11. Police maps, charts, photomaps and air photographs, the details of which do not warrant Secret classification;

a.12. Matters, investigations and documents of a personal and disciplinary nature, the knowledge of which is desirable to safeguard for administrative reasons;

a.13. Ground photographs, negatives, photostats, diagrams, or models of matters deemed to be classified as confidential; TcICEA

a.14. Certain compilation of restricted data or items which individually may be classified restricted, but the aggregation of which enhances or increases their security values;

a.15. Identification of individual casualties prior to release of official notification to the next of kin by the Director for Personnel and Records Management, PNP;

a.16. Material or information that tends to further enemy propaganda or glorify the achievements of personalities;

a.17. Extreme losses in material or personnel;

a.18. Cases of extreme breaches of discipline;

a.19. False, misleading, or unauthenticated statements about police or personal affairs;

a.20. Identification of personnel being investigated for misconduct, anomaly or fraud prior to the filing of appropriate court charges or completion of the findings of boards created for such purpose;

a.21. Roster of police troops (officers and non-officers). This includes list of police personnel with respective rank, designation and assignment;

a.22. Expenditures on police core functions related to ISO activities; and

a.23. Program of Expenditure (POE) related to any plans, programs, and activities (PPAs) of major PNP offices/units. aIETCA

4) Restricted — information and material (other than Top Secret, Secret or Confidential) that should not be published or communicated to anyone except for official purposes shall be classified as "Restricted".

a) The following are examples of material that normally will be graded "Restricted":

a.1. Training and technical documents for official use only or not intended for release to the public;

a.2. Routine information relating to supply and procurement;

a.3. Maps and aerial photographs of remote areas not important or related to security. Said maps and photographs will be graded in accordance with actual details shown thereon;

a.4. Ground photographs, negatives, diagrams on models of Restricted Matter;

a.5. Daily reports and strength returns except those of intelligence units that may warrant a higher classification;

a.6. Non-tactical radio frequencies and call signs such as those used for training purposes;

a.7. All PNP publications prescribing policies and procedures not classified as Top Secret, Secret, or Confidential; and

a.8. Orders, communications, reports and other documents concerning police troop movements that need not be classified any higher if the classified elements of information and unit designations are not included therein and reference to the movement is made by shipment or by main number.

b) Unclassified matter or information, but considered to be official, shall not be uploaded, posted or disseminated on the Internet or through other ICT devices without prior authorization from the Chief, PNP as recommended by the Director for Intelligence (DI). cACEHI

c) Any unofficial information, regardless of its genuineness (edited or authentic) or form (digital document, photograph, sound, video, etc.) shall not be uploaded, posted or disseminated on the Internet or through other ICT devices if it will jeopardize the integrity of the PNP organization. Hence, the following materials are strictly not allowed for recording, uploading, posting or dissemination on the Internet or through other ICT devices:

c.1. Photographic or video material showing a member or members of the PNP performing an illegal act like hazing, torture, illegal-gambling, and etc.;

c.2. Photographic or video material showing a member or members of the PNP in a disturbing or embarrassing situation;

c.3. Pornographic material or similar information that shows or details a sexual activity or lewdness;

c.4. Pirated software and other information that would infringe the intellectual property rights of any individual or person;

c.5. Election campaign slogan or other similar information or material intended for political activities;

c.6. Information or material that would induce or incite criminal acts; and

c.7. Other information or material that would violate existing laws and pertinent policies, rules and regulations issued by the PNP and the National Police Commission (NAPOLCOM). cSCTID

d) Upon approval of this Memorandum Circular, all postings or publications as results of prior acts that will fall under the purview of this policy should be removed from the Internet and other ICT devices.

e) A member of the PNP is exempted from the prohibition in paragraph c.2, in cases where the exemptions provided under R.A. 9995 (Anti-Photo and Video Voyeurism Act of 2009) are applicable.

f) Likewise, all PNP personnel, acting on their own personal capacity, are allowed to record, upload, post, or disseminate information on the Internet or through other ICT devices, provided that such information is not in any way related to the PNP.

7. Administrative Sanction:

Any violation of the provisions of this Memorandum Circular shall be dealt with administratively, with severe penalties, in accordance with the provisions of NAPOLCOM MC 2007-001, Republic Act No. 6713, and other applicable laws, rules and regulations.

8. Rescission:

All PNP policies, directives and other issuances that are inconsistent with the provisions of this Memorandum Circular are hereby deemed rescinded or modified accordingly.

9. Effectivity:

This Memo Circular shall take effect fifteen (15) days from the filing of a copy hereof at the University of the Philippines Law Center in consonance with Sections 3 and 4 of Chapter 2, Book VII of Executive Order No. 292, otherwise known as "The Revised Administrative Code of 1987", as amended. AEDCHc

 

(SGD.) NICANOR A. BARTOLOME, CSEEPolice Director General