SIXTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES }
First Regular Session

f° Re CEIVED ”

NOV. 2013
HOUSE OF REPRESENTATIVES ZK

Introduced by Representative Rufus B. Rodrig
Representative Maximo B. Rodriquez, Jr.

House Bill No. 3298
EXPLANATORY NOTE

The family and its members, just like any individual, should enjoy the right to
privacy. Although certain surveys and studies being conducted by the government and
private entities require family members to answer delicate or offensive questions, it should
be emphasized that they have the choice of refusing to answer such.

This bill intends to institutionalize the measures that will restrict certain information
from being divulged if doing so is against the will of the source. It gives special concer to
minors, taking into consideration their relatively limited and innocent understandings of
things and events.

This bill shall be enforced especially in cases wherein the information to be
revealed will cause undesirable results to the minors, as well as to the other members of
the family, and to their relationship as a whole.

For these reasons, approval of this bill is eamestty sought.

RUBUS B. Rt IGUEZ

lf

MAXIMO B. RODRIGUEZ, JR.


SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES }
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and

Representative Maximo B. Rodriguez, Jr.

House BillNo. 3298

AN ACT

INSTITUTING FAMILY PRIVACY PROTECTION AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

SECTION 1. Short Title. — This Act shall be known as the “Family Privacy Protection

Act”.

SEC. 2. Definition of Minor. — Any child who is less than eighteen (18) years of age shall
be considered a minor.

SEC. 3. Family Privacy Protection
(a) Restriction on Seeking Information from Minors - Notwithstanding any other
provision of law and subject to Section 6, in conducting a program or activity

funded by the goverment, a person may not, without the prior written consent

of at least one parent or guardian of a minor or, in the case of emancipated

minor, the prior consent of the minor, require or otherwise seek the response of

the minor to a survey or questionnaire which is intended to elicit, or has the

effect of eliciting, information about the minor's family conceming any of the

following:

1) Parental political affiliations or beliefs

2) Mental or psychological problems

3) Sexual behavior or attitudes

4) __llegal, antisocial or setf-incriminating behavior

5) Appraisals of other individuals with whom the minor has a filial
relationship

6) _ Relationships that are legally recognized as privileged, including
those with lawyers, physicians and members of the clergy

7) __ Religious affiliations or beliefs

(b) General Exceptions - Subsection (a) shall not apply to any of the following:

1)
2)

3)
4)

Information for the purpose of a criminal investigation or adjudication
Inquiry made in pursuant to a good faith concem for the health, safety,
or welfare of an individual minor

‘Administration of the immigration, internal revenue or custom laws of
the Philippines

Information required by law to determine eligibility for participation in an
organization, program or for receiving financial assistance


5) Academic performance tests except to the extent that questions in such
tests would require a minor to reveal information listed under
‘subsection (a)

SEC. 4. Notification Procedures. — The head of any department or agency of the
government which provides funds for any program or activity involving the gathering of
information from a minor to any survey or questionnaire shall establish procedures by
which the department or agency shall notify minors and their parents of protections
provided under this Act. The procedures shall also provide for advance public availability
of each questionnaire or surveys to which a response from a minor is sought.

SEC. 5. Compliance. - The head of each government department or agency shall
establish such procedures necessary to ensure compliance with this Act. Nothing in this
Act shall be construed to foreclose any individual from obtaining judicial relief.

SEC. 6. Separability Clause. — If any provision or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provisions not otherwise affected shall
remain valid and subsisting.

SEC. 7. Repealing Clause. — Any law, presidential decree or issuance, executive order,
letter of instruction, administrative order, rule or regulation contrary to or inconsistent with
the provisions of the Act is hereby repealed, modified, or amended accordingly.

SEC. 8. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,