Our Constitution guarantees right to information under Section 7, Article III (Bill of Rights) which reads:
The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.
It has been held by the Supreme Court in Legaspi vs. Civil Service Commission that this provision is self-executing and important for democratic decision-making because of free flow of ideas. The information which shall be accessible to the public are the following: (1) official records; (2) documents and papers pertaining to official acts, transactions, or decisions; and (3) government research data used as a basis for policy development. In addition, there are also specific classes of information that the Constitution requires to be made public which include information on foreign loans obtained or guaranteed by the government. Sec. 21, Article XII (National Economy and Patrimony), of the 1987 Constitution states: “Foreign loans may only be incurred in accordance with law and the regulations of the monetary authority. Information on foreign loans obtained or guaranteed by the government shall be made available to the public.”
However, this right to free access should not be violative of our right to privacy.
Our Constitution affords protection of this right under Section 3(1) which states that the "privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law."
Likewise, Article 26 of the Civil Code of the Philippines recognizes right of privacy which states that "[e]very person shall respect the dignity, personality, privacy, and peace of mind of his neighbors and other persons," and punishes acts that violate privacy by private citizens, public officers, or employees of private companies. Article 32(11) of the Civil Code states that "any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs the privacy of communication and correspondence shall be liable to the latter for damages."
Based on the foregoing provisions, information which is private/confidential to individual or entity must not be easily accessed by any person without the latter’s consent. More so, if the information is not public in nature, without public interest, and will be prejudicial to the interest of the said person or entity.
Sources:
1. Constitutional Protections of the Right to Information, <http://right2info.org/constitutional-protections-of-the-right-to#philippines>
2. Republic of the Philippines, <https://privacyinternational.org/survey/phr2003/countries/philippines.htm>
“Are oridinary citizens entitled free access to information even if
the information is confidential in nature?”
