Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No. 7786

Introduced by Representative PABLO JOHN F. GARCIA

EXPLANATORY NOTE

The foundation of a strong democracy is a well-informed citizenry. The right of
the people to information on matters of public concern is enshrined in Section 7, Article
Ill of the 1987 Constitution. Aside from access to official records and documents,
access to government research data used as bases for policy development is also
guaranteed to citizens. The State is likewise mandated to provide the policy
environment for the full development of Filipino capability and the emergence of
communication structures suitable to the needs and aspirations of the nation and the
balanced flow of information (Article XVI, Section 10, 1987 Constitution).

Unfortunately, these constitutional provisions have not been realized to their full
extent despite the existence and proliferation of technological platforms that have
revolutionized access to information around the world.

In 2011, the Philippines made promising progress by becoming a founding
member of the Open Government Partnership (OGP), a multilateral initiative that aims
to secure concrete commitments to promote transparency, empower citizens, fight
corruption, and harness new technologies to strengthen governance. Afterwards, an
ad-hoc task force composed of the Office of the Presidential Spokesperson (OPS),
Department of Budget and Management (DBM), and the Presidential Communications
Development and Strategic Planning Office (PCDSPO) was formed to develop
data.gov.ph (now gov.phidata) resulting in the enactment of Joint Memorandum
Circular (JMC) No. 2014-01, which was subsequently supplemented by JMC No.
2015-01 on the strength of Section 24 of the 2015 General Appropriations Act. Thus,
“Open Data Philippines” was bom.

Thereafter, Republic Act No. 10844 or the “Department of Information and
Communications Technology [DICT] Act of 2015” was passed. The DICT is mandated
to harmonize and coordinate all national ICT plans and initiatives to ensure knowledge,
resource, and information sharing, database building, and agency networking linkages


among government agencies, consistent with E-Government objectives in particular,
and national objectives in general.’ This fresh mandate paved the way for the
recalibration of the Philippine open data strategy as well as the involvement of other
pertinent government agencies such as the Philippine Statistics Authority, National
Archive of the Philippines, National Privacy Commission, and the Civil Service
Commission.”

This bill, the first of its kind in the Philippine legislature, seeks to institutionalize
and expand this ground-breaking initiative in order to encompass the whole of
government. It seeks to adopt a policy of openness with regard to all datasets created,
collected, processed, disseminated, or disposed through the use of public. It aims to
democratize data by cultivating a culture of information-sharing among government
institutions and the public in order to strengthen evidence-based policymaking and
decision-making. In the same way, it enhances participation of citizens in good
governance by making the government more transparent, responsive, accountable,
and effective. The bill also features the creation of the Open Data Policy Board anda
counterpart Open Data Bureau that shall ensure the effective and efficient
implementation of this bill. A detailed set of principles and a specific set of criteria for
datasets to be considered open are likewise provided.

With an increasingly technologically-savvy and -dependent citizenry, and the
availability of technological platforms, the time is ripe, and the time is now. The
passage of this bill is earnestly sought.

Rep. PABI JOHN F. GARCIA
3rd District, Province of Cebu

1 RA 10844, Section 6 (f).

? 2018 Draft Joint Memorandum Circular accessed from
https:/www.gov.ph/documents/820828/941060/Draft_ Open+Data+Policy August2018,pdt/0f553214-
2a22-9641-00c8-

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8.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No, 7786
Introduced by Representative PABLO JOHN F. GARCIA

AN ACT
STRENGTHENING THE OPEN DATA INITIATIVE OF THE GOVERNMENT

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

CHAPTER!
GENERAL PROVISIONS

Section 1. Short Title. - This Act shall be known as the "Open Data Act of
2020”.

Section 2. Declaration of Policy. - \t is the policy of the State to make all
published government data accessible to the public. It will use an open data strategy
to adopt openness for all datasets created, collected, processed, disseminated, or
disposed through the use of public funds to the extent permitted by applicable laws
and subject to individual privacy, confidentiality, national security, or other legally-
mandated restrictions. Openness means that data sets published by agencies shall
be machine-readable, in open formats, and released with open licenses.

In line with this, the State shall mandate all government offices to adopt the open
data strategy to enforce the digitization of government data sets to make them
available in a machine-readable format and publish these datasets in a shared
repository in an internet domain. The State shall:

a. Make government data searchable and reusable;
b. Democratize data by cultivating a culture of information-sharing among
government institutions;
. Strengthen evidence-based policymaking and decision-making;
d. Form a systematic approach to use open data as a tool to support
government and private sector initiatives;

2


e. Enhance the participation of citizens in good governance by making the
government more transparent, responsive, accountable, and effective;

f. Use real-time government data for disaster risk reduction and mitigation
initiatives, food security, economic and financial matters, as well in public
procurement, among others; and

g. Promote innovation by encouraging and incentivizing research
undertakings and scientific engagements using government data.

Section 3. Definition of Terms. - As used in this Act, the following terms shall
be defined as follows:
a. “Agency Information Inventory’ refers to the comprehensive listing of all
information and datasets that an agency currently holds.
b. “Data” refers to recorded information, regardless of form or the media on
which the data is recorded.
c. “Dataset” refers to information comprising a collection of information held
in electronic form where all or most of the information in the collection —
i. has been obtained or recorded for the purpose of providing a
public authority with information,
ii. is factual information which is not the product of analysis or
interpretation other than calculation, and

remains presented in a way that (except for the purpose of

forming part of the collection) has not been organized, adapted or

otherwise materially altered since it was obtained or recorded.

d. “Machine-readable” refers to the form in which data or text can be easily
processed by a computer. It excludes the picture format (scanned or
photographed) of documents.

e. “Metadata” refers to the description of a data or data set. It provides
information that describes its content.

f. “Open access” refers to the provision of free access to the general
public,

g. “Open Data Philippines” refers to the core government program that
addresses the constitutional right of Filipinos to information on matters
of public concern by making government data accessible, searchable,
and understandable.

h. “Open Data Portal” refers to the public domain website that serves as
the central repository for all government datasets.

i. “Open license” refers to a legal condition that allows a content to be free
and reusable in any way under a few conditions, attribution being the
usual requirement.

Section 4. Coverage. - This Act shall cover all agencies and instrumentalities
of the government including State Universities and Colleges (SUCs), Government-
Owned and -Controlled Corporations (GOCCs), and Government Financial Institutions


(GFls); Local Government Units (LGUs); and constitutional offices enjoying fiscal

autonomy.

Section 5. Exceptions. - This Act shall not apply to government datasets
pertaining to the following:

a.

b.

Personal and sensitive personal information collected pursuant to
Republic Act No. 10173 or the Data Privacy Act of 2012;

National security matters including military, diplomatic, and other state
secrets;

Trade or industrial secrets pursuant to Republic Act No. 8293 or the

Intellectual Property Code of the Philippines;

. Banking information and transactions covered by Republic Act No. 1405

or the Secrecy of Bank Deposits;

. Classified law enforcement matters, such as those relating to the

apprehension, prosecution, and detention of criminals; and to
Other situations involving other known legal limitations including, but not
limited to, contractual pledges of confidentiality.

CHAPTER II
OPEN DATA PHILIPPINES

Section 6. Open Data Policy Board. - An independent inter-agency body to
be known as the Open Data Policy Board (ODPB) is hereby established to develop
policies and oversee the proper implementation of Open Data Philippines based on
domestic and international standards on open data. It shall ensure the alignment of its
policies to government data disclosure initiatives such as the Data Privacy Act, the
Intellectual Property Code, and other pertinent laws and regulations.

The ODPB shall be composed of the Secretary of the Department of
Information and Communication Technology as Chairperson, the National Statistician
as the Vice Chairperson, with the following members:

Arosa s>eaogge

. Secretary of the Department of Science and Technology;

. Secretary of the Department of Education;

. Secretary of the Department of Interior and Local Government;
|. Secretary of the Department of Budget and Management;

. Secretary of the Presidential Communication Operations Office;

Director-General of the National Archives of the Philippines;

|. Chairperson of the National Privacy Commission;
.. Director-General of the Intellectual Property Office;

Chairperson of the Commission on Higher Education;
President of the University of the Philippines; and the

. Director-General of the Technical Education and Skills Development

Authority;


or their duly authorized representatives. A representative from the private sector shall
be appointed by the President of the Philippines, upon the recommendation of the
ODPB. The ODPB may invite resource persons in their meetings.

Section 7. Powers and Functions of the Open Data Policy Board. - The
Open Data Policy Board shall have the following powers and functions:

a. establish government-wide policies and best practices for the use,
protection, dissemination, and generation of data;

b. promote and encourage data sharing agreements between government
agencies and instrumentalities;

c. identify ways in which government agencies and instrumentalities can
improve upon the production of data for use in policymaking;

d. identify and evaluate new technology solutions for improving the
collection and use of data; and

e. consult with the public and engage with private users of government data
and other stakeholders on how to improve access to and usability of data
assets government.

The ODPB shall be supported by the Open Data Bureau.

Section 8. Open Data Bureau. - There shall be a body to be known as the
“Open Data Bureau” under the supervision and control of the Open Data Policy Board
specifically dedicated to the administration, promotion, development, and
implementation of the Open Data initiative of the Philippine government as provided
in this Act, which shall have the following functions:

a. Strengthen the existing Open Data Philippines initiative to foster
openness and increase government transparency and citizen
engagement;

b. Strengthen the existing Open Data Portal to serve as the central
repository of all open government datasets;

c. Create, issue, and implement an Open Data Action Plan (ODAP), which
shall outline a three-year roadmap to a complete and integrated Open
Data system and demonstrate the potential uses of open data in public
service delivery, among others;

d. Institutionalize data management practices and standards set by the
Philippine eGovernment Interoperability Framework (PeGIF) for open
data, such as a naming and tagging convention, metadata schema, data
dictionary, among others;

e. Maintain an accessible open data inventory and catalogue;

f. Promote civic participation by consulting with civil society organizations
in formulating plans and policies for the implementation of Open Data;

g. Monitor and evaluate the compliance of government agencies with the
guidelines on open data;


h. Issue specific guidelines in accordance with the policies laid down by the
ODPB;

i. Conduct capacity building activities such as trainings, workshops, and
seminars to train government agencies and instrumentalities on
integration with the ODPH and use of the portal;

j. Render opinions on issues raised and referred by government agencies
about the implementation of this Act

k. Consult with the public and engage with private users of government
data and other stakeholders on how to improve access to data assets of
the government; and

|. Assume other duties and functions as may be deemed necessary by the
ODPB for the successful operation of the bureau.

In addition to the powers granted under this Act, the Open Data Bureau shall
absorb all the powers, functions, and responsibilities of the Open Data Philippines
Task Force created under Joint Memorandum Circular No. 2015-01.

Section 9. Organizational Structure of the Bureau. - The Bureau shall be by
headed by an Executive Director. The Executive Director shall be assisted by two (2)
Deputy Directors, one to be responsible for Data Processing Systems and one to be
responsible for Policy and Planning. The Open Data Commissioner and the two (2)
Deputy Open Data Commissioners shall be appointed by the President of the
Philippines for a term of three (3) years, and may be reappointed for another term of
three (3) years. Vacancies in the Commission shall be filled in the same manner in
which the original appointment was made.

Section 10. Qualification of the Executive Director and Deputy Directors.
- The Executive Director and Deputy Directors must be at least thirty-five (35) years of
age and of good moral character, unquestionable integrity and known probity, and a
recognized expert in the field of open data, statistics, and computer and information
technology.

The Executive Director shall enjoy the benefits, privileges, and emoluments
equivalent to the rank of an Undersecretary. The Deputy Directors shall enjoy the
benefits, privileges, and emoluments equivalent to the rank of Assistant Secretary.

Section 11. Open Data Officer. - Each government agency covered by this
Act shall appoint or designate an Open Data Officer. The Open Data Officer shall be
responsible for the following:
a. Promote the increased use and re-use of official government data within
the agency and by the public;
b. Coordinate with the Open Data Bureau for the proper implementation of
its issuances and other concerns;
c. Maintain an Agency Information Inventory;


d. Improve and enhance data management practices of the agency;

e. Consult with the public and engage with private users of agency data
and other stakeholders on how to improve access to data assets of the
agency; and

f. Respond to feedback from the public regarding open data.

The government agency may create an Agency Open Data Team to assist the
Open Data Officer in fulfilling the functions listed above.

Appointed or designated officers shall enjoy additional emoluments as may be
determined by the head of the government agency. In no case shall the Open Data
Officer be the same as the Data Privacy Officer.

Section 12. League of Open Data Officers. - There shall be an organization
of all open data officers to be known as the League of Open Data Officers for the
primary purpose of ventilating, articulating, and crystallizing issues affecting open data
administration, and securing, through proper and legal means, solutions thereto.

All Open Data Officers shall attend all meetings and participate in the
deliberations of the league. The Executive Director of Open Data Bureau shall serve
as the Chairperson of the League.

CHAPTER Ill
OPEN DATA OPERATIONALIZATION

Section 13. General Open Data Principles. - The open data initiative shall be
guided by the following principles:

a. Access to public sector information. Open Data Philippines is one of the
core government programs that guarantee the constitutional right of the
people to information on matters of public concern. The open data portal
is intended to be the primary platform by which government data is
published.

b. Data-driven governance. The program seeks to drive government
decision-making based on available and sound data. Equally important,
the program recognizes that government does not have a monopoly of
good governance, as a citizenry empowered with open government data
can help improve government's service delivery.

c. Public engagement. The program adheres to the idea that opening
government data goes beyond providing data; it needs the public's
participation to move it forward. Hence, the program establishes linkages
outside of government, especially with civil society organizations
(CSOs), the private sector, academe, and other stakeholders.


d. Practical innovation. The program aspires to create opportunities for
innovation that tremendously benefit both government and the public.
The program recognizes that open government data goes beyond the
fundamental purpose of transparency, but also aims to improve the
delivery of public services, translate into economic or commercial
opportunities, and find relevance in the everyday lives of citizens.

Section 14. Criteria for a Dataset to be Considered Open. - For a
government dataset to be considered open, it must possess the following:

a. Publicly available and accessible by default. If the dataset qualifies for
publication to the extent permitted by applicable laws and subject to
individual privacy, confidentiality, national security, or other legally-
mandated restrictions, it should be made available through the national
government portal and the agency's website by default and obtainable
through download.

b. Timely and Comprehensive. Each dataset shall be updated to ensure its
quality and to preserve its value. All datasets must be updated at least
‘once every quarter of the year, or whenever possible and permissible;

c. Accessible and Usable. Each dataset must be platform-independent,
machine-readable, and free of restrictions that would impede the re-use,
modification, or processing of the information it contains. Datasets in
machine-readable formats shall have data that can be extracted and
processed by computer programs easily; and

d. Comparable and Interoperable. Each dataset shall be easy to compare
within and between sectors, across geographic locations, and over time.
All datasets must be presented in structured and standardized formats
to support interoperability, traceability, and effective reuse.

It shall be understood that a government dataset uploaded in the government
open data portal is to be used for improved governance and citizen engagement as
well as for inclusive development and innovation.

Section 15. Open license. - Government data uploaded in the Open Data
Portal shall be considered as public content and can be used for public consumption.
This means that the dataset is offered free and without restriction, subject only to
proper attribution to the publishing government agency and instrumentality.

Section 16. Agency Implementation. - All agencies, through their respective
Open Data Officers, shall comply with the Open Data guidelines which will be set by
the Open Data Bureau. To fulfill their commitment in the Open Data initiative, they
shall:


. Adopt an Agency Open Data Policy;

b. Foster an open, transparent and accessible government through open
data;

c. Promote the increased use and re-use of official government data within
the Department and by the public;

d. Improve and enhance data management practices;

e. Respond to feedback from the public regarding open data; and

f. Work with civil society, the private sector and citizens to prioritize open

datasets for release.

Section 17. Uploading of Datasets. - All datasets to be uploaded by the
agencies shall be coursed through their respective Open Data Officers before
uploading. These shalll include datasets which are:

a. necessary to espouse transparency and accountability in public
governance;

b. relevant for the public to know through the use of statistics;

c. requested by other government agencies and other institutions and
entities; and

d. required by the Open Data Policy Bureau to upload.

Section 18. Civic Engagement. - Civic participation and engagement shall be
promoted by consulting with civil society organizations in formulating plans and
Policies for the implementation of Open Data. It is recommended that each data
category has a CSO counterpart that shall build on the data.

Section 19. Incentive for Open Data Utilization. - All Filipino citizens are
encouraged to create usable applications out of the datasets that will be uploaded in
the government portal, An incentive program shall be created for this purpose.

CHAPTER IV
PENALTIES

Section 20. Responsibility of Heads of Agencies. — All open data maintained
by the government, its agencies, and instrumentalities shall be published, as far as
practicable, with the use of the most appropriate standard recognized by the
information and communications technology industry, and as recommended by the
Open Data Policy Board. The head of each government agency or instrumentality shall
be responsible for complying with the disclosure requirements mentioned herein while
the Bureau shall monitor the compliance and may recommend the necessary action
in order to satisfy the minimum standards.

Section 21. Violations. - Any act of intentional misuse, misrepresentation,
tampering, hacking, or other analogous acts, committed in the Philippines or abroad,
by Filipinos or foreigners, shall be penalized by imprisonment ranging from six (6)


months to three (3) years and a fine of not less than Two hundred thousand (Php
200,000.00) but not more than One million pesos (Php 1,000,000.00).

Any combination or series of acts listed above shall be penalized by
imprisonment ranging from three (3) years to six (6) years and a fine of not less than
One million pesos (Php1,000,000.00) but not more than Five million pesos (Php
5,000,000.00).

CHAPTER V
MISCELLANEOUS PROVISIONS

Section 22. Interpretation. - Any doubt in the interpretation of any provision of
this Act shall be liberally interpreted in a manner mindful of the right of the people to
information on matters of public concern and access to government research data
used as bases for policy development.

Section 23. Implementing Rules and Regulations. - The ODPB shall
convene within fifteen (15) days from the effectivity of this Act to formulate the
Implementing Rules and Regulations (IRR) of this Act within ninety (90) days from
convening.

Section 24. Congressional Oversight Committee. - There is hereby created
a Joint Congressional Oversight Committee to oversee the implementation of this Act
for a period not exceeding five (5) years from the effectivity of this Act. The Committee
shall be composed of the Chairperson of the Senate Committee on Public Information
and Mass Media and two (2) members thereof appointed by the Senate President, and
the Chairperson of the House Committee on Public Information and House Committee
on Information and Communications Technology and two (2) members thereof to be
appointed by the Speaker of the House of Representatives.

Section 25. Reportorial Requirements. - The Open Data Bureau shall
annually report to the President and Congress on its activities in carrying out the
provisions of this Act. The Commission shall undertake whatever efforts it may
determine to be necessary or appropriate to inform and educate the public of data
privacy, data protection and fair information rights and responsibilities.

Section 26. Transitory Provision. - Government agencies and
instrumentalities affected by this Act shall be given one (1) year transitory period from
the effectivity of the IRR or such other period as may be determined by the ODPB to
comply with the requirements of this Act.

Section 27. Appropriations Clause. - The ODPB shall be provided with an
initial appropriation of Twenty million pesos (Php 20,000,000.00) to be drawn from the
national government. Appropriations for the succeeding years shall be included in the


General Appropriations Act. It shall likewise receive Ten million pesos (Php
10,000,000.00) per year for five (5) years upon implementation of this Act drawn from
the national government.

Section 28. Separability Clause. - lf any provision or part hereof is held invalid
or unconstitutional, the remainder of the law or the provision not otherwise affected
shall remain valid and subsisting.

Section 29. Repealing Clause. - Except as otherwise expressly provided in
this Act, all other laws, decrees, executive orders, proclamations and administrative
regulations or parts thereof inconsistent herewith are hereby repealed or modified
accordingly.

Section 30. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its publication in at least two (2) national newspapers of general circulation.

Approved,