CEBU, Philippines — Cebu City Councilor Rey Gealon is set to propose a resolution calling the mayor to designate a Data Protection Officer and to formulate data privacy management programs for the city and its departments or offices involved in personal information processing.
This is pursuant to the pertinent provisions of Republic Act No. 10173 or the Data Privacy Act of 2012, National Privacy Commission (NPC) Advisory No. 2017-01 dated March 14, 2017, and Department of Interior and Local Government (DILG) Memorandum Circular No. 2018-36 dated March 19, 2018 reiterated in DILG MC No. 2021-002 dated January 14, 2021.
“The Cebu City Government should strictly mandate its employees, agents or representatives involved in the processing of personal information to hold information under strict confidentiality, with such obligation as a continuing one, even if they have officially severed their relations with the Cebu City Government,” read a portion of the proposed resolution.
Gealon made the proposal after a letter-complaint reached his office concerning photos posted by some individuals on Facebook, allegedly without consent of those in the photos.
Shown in one of the photos he showed to the media, for example, was a struggling old woman with tubes from a dextrose on her nose with cash and paper with thumb mark clutched in her hand from an Office of the Senior Citizens’ Affairs (OSCA) personnel.
Another photo showed a Cebu City Transportation Office (CCTO) traffic enforcer supposedly ridiculing an erring driver.
“I believe these posts violate our basic sense of decency with this first attachment being disturbing photos published out loud on social media, especially on Facebook; while this second one borders on public shaming,” said Gealon.
“Which now begs the question: Did the ones concerned consent to the public posting of their respective situations?” he asked.
Gealon said that he understands that photos such as these are necessary for accounting purposes or the like, perhaps proof that they toiled for the day, but stressed that these are not for public consumption like posting it on Facebook.
“Without consent, this is violative of their right to privacy. What is more, there is the Data Privacy Act which calls for the government to be prudent and circumspect in the handling of data of private individuals,” he said.
The councilor will move for the approval of the resolution during the City Council’s regular session this coming Wednesday, August 10, 2022. —JMD (FREEMAN)