CONCLUSION AND RECOMMENDATIONS
With FOI and the right to privacy firmly
entrenched in the Philippine Constitution,
the path forward must involve finding ways
to promote both rights, maximizing the
benefits they offer, while reconciling
conflicts if and when they arise. This is easier
said than done, to be sure. Not getting that
proper balance, in particular, can have
disastrous consequences.⁵⁷
Of equal importance is determining the
agency or agencies that will be in charge of
enforcing both laws—whether a new or
separate entity will be created, or the
obligation will be shouldered by an existing
government office. Either way, legislators
should take into account the pros and cons
of each approach and decide which one best
applies to the Philippine context.
Most issues can be addressed by providing
clear definitions in the applicable laws, and
by establishing appropriate guidelines and
effective oversight systems. It is also
important to have a mechanism for case-tocase assessments to account for rare or
unique problems that may call for
unconventional solutions.⁵⁸
It is also crucial to remember that FOI and
privacy do not exist in a vacuum. Other
considerations include preserving an
independent and free press, which has
always played a key role in the preservation
of the country’s fragile democracy. That both
rights exist in a fast-evolving landscape
where technologies are constantly changing
the ways the State and the public transact
with one another should also be kept in
mind. Policies are often outpaced by
technological advancements. If not careful,
policymakers could come up with rules
already rendered moot even before they
have even taken root.
It has been suggested that appropriate
public interest tests be adopted to facilitate
the careful balancing of rights.⁵⁹ For
instance, the following elements of a
“fairness” test set by the United Kingdom
Ministry of Justice may prove useful when
making critical FOI decisions:
how the information was obtained,
a person’s likely expectations regarding
the disclosure of his or her information
the effect of disclosure on the person
whose information is involved,
whether a person has expressly refused
to consent to the disclosure of his or
her information,
content of the information,
the public interest in the disclosure of
the information
⁵⁷ Draper, E. (2012). Op. cit.
⁵⁸ Human Dynamics. Op. cit.
⁵⁹ Banisar, D. (2011). Op. cit.
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