Last week, Akbayan Party-list Rep. Chel Diokno questioned the Philippine National Police (PNP)’s practice of withholding suspects’ names by citing Republic Act 10173 or the Data Privacy Act.
In a clip of a speech posted on his social media page, he asked by the identity of the gunman in the shooting at a basketball court of a condominium in Parañaque City was not disclosed by police investigators.
He pointed out that while the suspect was still at large, authorities refused to name him.
The suspect could have been arrested much earlier if the public was made aware of his identity through media reports.
“Binabaluktot nila ang paggamit ng batas para protektahan ang ilang individual,” the lawmaker said, branding as incorrect the police’s justification protecting sensitive personal information under the Data Privacy Act.
Diokno stressed that Section 4 of the Data Privacy Act identifies the scope of the law as well as the instances in which it cannot be applied.
This section “explicitly states information necessary in order to carry out the functions of law enforcement is not covered by the Data Privacy Law and therefore may be publicly disclosed,” he pointed out.
This provision of Republic Act 10173 states that the Act does not apply to the following: a) information about any individual who is or was an officer or employee of a government institution that relates to the position or functions of the individual; b) information about an individual who is or was performing service under contract for a government institution that relates to the services performed, including the terms of the contract, and the name of the individual given in the course of the performance of those services; c) Information relating to any discretionary benefit of a financial nature such as the granting of a license or permit given by the government to an individual, including the name of the individual and the exact nature of the benefit; (d) personal information processed for journalistic, artistic, literary or research purposes; (e) Information necessary in order to carry out the functions of public authority which includes the processing of personal data for the performance by the independent, central monetary authority and law enforcement and regulatory agencies of their constitutionally and statutorily mandated functions; and, f) information necessary for banks and other financial institutions under the jurisdiction of the independent, central monetary authority or Bangko Sentral ng Pilipinas to comply with Republic Act No. 9510, and Republic Act No. 9160, as amended, otherwise known as the Anti-Money Laundering Act and other applicable laws.
Diokno is absolutely correct and his view mirrors the Tribune’s stance on the issue which the management has expressed several times in the past.
For a few years now, apparently upon orders from higher authorities, the Catanduanes Provincial Police Command has been posting articles on its social media account as well as in the chat group for the local media on significant incidents and activities.
The reports of the incidents, particularly crimes, arrests of fugitives from justice and buy-bust operations, notably do not carry the name of the suspect, despite the fact that the information was necessary in the performance of the police’s functions as a law enforcement agency.
Of course, it is understandable if the spot report or Facebook post does not identify the accused in a crime involving sexual assault, especially those who have victimized members of their own family.
With Rep. Diokno’s public criticism, the Tribune and the other members of the local media are hopeful the PNP high command’s policy of hiding the identity of suspects or those involved in criminal incidents would be discarded.
Otherwise, journalists would continue to cultivate sources within the police organization to ensure that their reports would be complete with names and other necessary details.
After all, Section 5 of the Data Privacy Act protects journalists as well as their publishers and editors from being compelled to reveal the source of any news report or information related in confidence to the journalist.