BUSINESS groups expressed support for the passage of the Freedom of Information (FOI) Act but recommended an addition to the list of exemptions and shorter information request response.
In a joint position paper, business groups including the Makati Business Club (MBC) and 19 other organizations said commercial and proprietary information should be added to the list of exemptions.
The groups also recommended that instead of 15 working days, responses to FOI requests should be shortened to five working days. This is consistent, they said, with the Ease of Doing Business and Efficient Government Service Delivery Act of 2018.
“We acknowledge the laudable aim of the bills of promoting and strengthening the people’s right to information by allowing citizens to request from the government information involving public interest or government transaction at any given time and subject to limitations,” the groups said.
Based on the position paper, commercial and proprietary information covered patents, formulation, packaging of products, intellectual property, production, testing methods, and the like.
Meanwhile, reducing the number of response days for FOI requests would help improve the country’s “competitiveness and ease of doing business in the Philippines, which can contribute to better business conditions and lead to economic development.”
The business groups offered other recommendations such as the creation of an independent appeals and review system. This means that an independent FOI Commission should be created to address appeals and review FOI requests.
The FOI Commission, the groups said, will have exclusive jurisdiction to resolve appeals at “a reasonable timeframe” and under simple rules of procedure. The groups said this will “avoid curtailing the right to information with burdensome processes.”
Further, the businessmen said the government must also adopt a mandatory government disclosure framework; prohibit the use of the information for illegal or malicious purposes or to violate fair competition; and adopt a records management system. A disclosure framework, the groups said, means mandating government agencies and other bodies to guarantee the disclosure of public information.
This requires that all public information be uploaded on their websites and bulletins in a timely manner such as quarterly to promote transparency.
In terms of using information for illegal or malicious purposes, the FOI Act should not only penalize the denial of access to information but also its misuse, the businessmen said.
“The law must also give legal basis for a cause of action for damages in favor of aggrieved persons. This would guarantee against any abuse of the exercise of this right under the FOI Law,” the groups said.
The businessmen also recommended that the government adopt a record management system to expedite the process of accessing information.
Under this system, the groups said, the period for retention of documents and system of document classification shall be set by government agencies.
Further, the proper preservation, retention and transfer of records shall be ensured, and that mismanagement which in any way would hamper access to information should be penalized.
“The Business Community strongly supports the passage of the Freedom of Information Act. This proposed legislation has consistently been identified as a legislative priority by the Philippine Business Groups-Joint Foreign Chambers (PBG-JFC),” the paper stated.
The foreign chambers that signed the joint position paper include the American Chamber of Commerce of the Philippines Inc.; the ANZCham Philippines; CanCham Philippines; and Dutch Chamber of Commerce in the Philippines, among others.
Apart from MBC, the business organizations who signed the paper include the Financial Executives Institute of the Philippines; Integrity Initiative; Management Association of the Philippines; Philippine Business for Education; and Semiconductor and Electronics Industries in the Philippines Foundation Inc.
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