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The government is undertaking major initiatives to secure, conserve and maximize the use of IT resources under its iGov project. It also includes providing a facility to support data sharing initiatives among government agencies. While these are all lauded, it is a concern that this is being implemented without following prescribed data privacy guidelines that are compliant with the Data Privacy Law (Republic Act 10173).

This was raised last Monday at the Department of Trade Industry (DTI) Strategic Conversations on E-Commerce forum that aims to serve as a venue to create a roadmap for e-commerce developments in the Philippines.

I gave a talk on E-Commerce Metrics and cited the need to look at e-commerce as a strategy to help boost our economy as it provides a level playing field for small business and help make government processes more efficient.

One of the speakers was Jose Josef of iGov Philippines and he showed progress achieved on several e-government projects. While these are all great, I hope the following won’t be missed:

Need for oversight. One billion is allotted in the national budget every year since 2003 for all projects classified under the “E-Government Fund.” All these time, hardly any monitoring was made to show how much progress or gain the government has achieved with all these initiatives. I hope that iGov Philippines is anchored on the updated Government Information Systems Plan (as stated in the Implementing Rules & Regulations of the E-Commerce Law that paved the way for the creation of the E-Government Fund).

Otherwise, the lack of oversight will not result in any “validated as truth” progress of projects. The same has to be done over the government agency deciding where the funds should go – especially if a portion of it ends up going to them.

Create the Data Privacy Commission. RA 10173 has clear liabilities indicated for government agencies, its personnel, heads for any mishandling of data. Though the Data Privacy Commission is not yet created, anyone can already sue violators as its penalty provisions are for the courts to decide (rather than being administrative concern).

If no new government agencies can be created, an existing office under DTI can be appointed to carry out its mandate. I indicated DTI - as before the creation of the Data Privacy Law, they enacted DTI DAO 8 that covers the protection of personal data in information and communication systems for the private sector.

Once the Data Privacy Commission is created, it can already start working on the IRR that includes standards for data privacy. Ensuring all government systems are secure to protect itself data privacy breaches. Limited government personnel be given proper authorization to handle citizen data and set limitations. Guidelines for reporting of data privacy breaches established, among others.

It is important for the Data Privacy Commission to be created and fulfill its mandate under the Data Privacy Act before iGov Philippines goes full operation – that includes handling the online payment platform for government offices. Otherwise, its initiatives will entail a lot of legal risks should mishandling of data, including breaches, occur.

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Autor(en)/Author(s): Janette Toral

Quelle/Source: Sun.Star, 16.12.2014

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