Strict Observance of the Security Protocol Prohibiting the Publication of or Giving Out of Mobile Cellular Phone Numbers, Residence Telephone Numbers and Residence Addresses of DENR Officials and Personnel

May 15, 2017

DENR MEMORANDUM CIRCULAR NO. 07-17

 

WHEREAS, several reports has been received regarding attempts, such as, extortion of a sum of money from DENR officials, personnel and external clients by criminal elements who appear to be taking advantage of the transition period in the Department;

WHEREAS, Republic Act No. 6713 otherwise known as the "Code of Conduct and Ethical Standards for Public Officials and Employees" prescribes a policy of full public disclosure of all its transactions involving public interest;

WHEREAS, the Rule on Transparency of Transaction and Access to Information (Section 3, Rule IV) of the Rules Implementing the Code of Conduct and Ethical Standards for Public Officials and Employees (REPUBLIC ACT NO. 6713) has provided the following exceptions to the foregoing policy:

"Section 3. Every department, office or agency shall provide official information, records or documents to any requesting public, except if:

(a) such information, record or document must be kept secret in the interest of national defense or security or the conduct of foreign affairs;

(b) such disclosure would put the life and safety of an individual in imminent danger;

(c) the information, record or document sought falls within the concepts of established privilege or recognized exceptions as may be provided by law or settled policy or jurisprudence;

(d) such information, record or document comprises drafts of decisions, orders, rulings, policy decisions, memoranda, etc.;

(e) it would disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(f) it would disclose investigatory records compiled for law enforcement purposes or information which if written would be contained in such records, but only to the extent that the production of such records or information would (i) interfere with enforcement proceedings, (ii) deprive a person of a right to a fair trial or an impartial adjudication, (iii) disclose the identity of a confidential source and in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source, or (iv) unjustifiably disclose investigative techniques and procedures; or

(g) it would disclose information the premature disclosure of which would (i) in the case of a department, office or agency which agency regulates currencies, securities, commodities, or financial institutions, be likely to lead to significant financial speculation in currencies, securities, or commodities, or significantly endanger the stability of any financial institution; or (ii) in the case of any department, office or agency be likely or significantly to frustrate implementation of a proposed official action, except that subparagraph (f) (ii) shall not apply in any instance where the department, office or agency has already disclosed to the public the content or nature of its proposed action, or where the department, office or agency is required by law to make such disclosure on its own initiative prior to taking final official action on such proposal."

WHEREAS, mobile cellular telephone numbers, residence telephone numbers and residence addresses are information that are of private nature and are thus covered by paragraph (e) on prohibition of disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy.

NOW, THEREFORE, in the interest of the service, pending the issuance of a comprehensive security protocol, ALL DENR OFFICES, are hereby directed to strictly observe the foregoing provisions on the data covered by the exceptions to the Rule on Transparency of Transaction and Access to Information and are hereby prohibited from publishing or giving out mobile cellular phone numbers, residence telephone numbers and residence addresses of DENR officials and personnel.

FOR IMMEDIATE AND STRICT COMPLIANCE.

(SGD.) DEMETRIO L. IGNACIO, JR.Undersecretary for Administration, Finance and Management