So far, countries have adopted two distinct
approaches when implementing these two
laws. Some have established separate bodies
for their enforcement. They include countries
like Austria, Canada, Denmark, Romania,
Spain, and Sweden.³⁵ In jurisdictions like
New Zealand and Peru, they have their
ombudsman’s office enforcing their FOI
law.³⁶ Others have created a single agency to
handle both FOI and privacy protection.
Among them are Australia, Germany, Malta,
Mexico, and Thailand.³⁷
Each approach has its own merits and
downsides. Maintaining separate
implementing bodies creates clear
champions unencumbered by the need to
balance two competing interests. Though, it
also means potential conflicts between the
agencies, which could get messy, expensive,
and even downright embarrassing.³⁸ People
could also receive conflicting advice.³⁹ In
these instances, there should be official
processes that enable cooperation and
minimize conflicts.⁴⁰ On the other hand,
having a common implementing body means
there is shared expertise and a reduction of
potential or actual conflict. This makes things
easier for the public with only one point of
contact to elevate one’s concerns.⁴¹ It will
also reduce the misuse of data protection by
government agencies.⁴² However, a singleagency arrangement could also give rise to
situations where one interest may appeal
more to those managing the agency at a
particular point in time, making them
incapable of carrying out the balancing
process objectively.⁴³ Lack of necessary
resources is also a common issue given the
two gargantuan tasks the lone agency is
responsible for.⁴⁴
In the Philippines, the current FOI system is
being administered by the Presidential
Communications Operations Office (PCOO),
under the Office of the President. The
authority to implement the data privacy law,
on the other hand, lies with the NPC.
Case Study: Duterte’s EO No. 2 (2016)
Numerous individuals and organizations
have utilized the limited FOI mechanism
established by Duterte’s EO No. 2 (2016) for
various purposes. For instance, Rappler
Philippines used documents obtained
through the FOI system to run a story
showing how the President’s foreign trips so
far cost triple the amount incurred by his
predecessors within the same period of their
respective terms.⁴⁵
³⁵ Human Dynamics. Legal balance of interest between
transparency of public life and data
protection. dzlp.mk/sites/default/files/doc_id_1.1.21.pdf.
See also: Banisar, D. (2011). Op. cit.
³⁶ Pearlman, M. (2007). Freedom of information.
law.yale.edu/system/files/documents/pdf/Intellectual_Lif
e/CL-OGI-Pearlman-FOI-English.pdf
³⁷ Human Dynamics. Op. cit.
See also: Banisar, D. (2011). Op. cit.
³⁸ Ibid.
³⁹ Ibid.
⁴⁰ Ibid.
⁴¹ Ibid.
⁴² Banisar, D. (2011). Op. cit.
⁴³ Ibid.
⁴⁴ Ibid.
⁴⁵ Ranada, P. (2017, June 17). Duterte’s foreign trips cost
thrice more than predecessors’. Rappler.
www.rappler.com/newsbreak/investigative/173127rodrigo-duterte-foreign-trips-cost-first-year-aquinoarroyo
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