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Data governance protects basic rights, enhances transparency, and promotes inclusion – report

The Philippine government does not have a specific government policy preferring open software and standards and no such legislation is currently under deliberation.

Data drives development and is an effective policy-making instrument to bring about democratic, inclusive governance.

This is the core theme that underscores the D4DAsia Synthesis Report released by LIRNEasia, together with the Data for Development Asia Hub (D4DHub), the Open Development Initiative of EWMI, and the Sinar Project, with Disini Law and the Digital Freedom Network having collaborated in the preparation of the report’s study on the Philippines.

The report reviewed and analyzed laws, policies and initiatives affecting data governance practices in South and Southeast Asia, including recommendations to improve data governance frameworks in the region and beyond.

Seven countries, namely, India, Indonesia, Nepal, Pakistan, Sri Lanka, Thailand, and the Philippines, participated in the preliminary study.

Key Takeaways for the Philippines

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  • The Constitution guarantees the right to information on matters of public concern but access via the Internet remains a hurdle;
  • There is no synthesis between the Open Data Portal (which promotes open standards or public data) and other government online databases such as the OpenStat of the Philippine Statistics Authority;
  • The Philippine government does not have a specific government policy preferring open software and standards and no such legislation is currently under deliberation;
  • There are no specific general standards relevant to systems’ interconnectivity, data integration, e-services access, and content management — just general principles;
  • There is no law comprehensively governing data localization;
  • The country’s laws have yet to fully consider the implications of data generated by Artificial Intelligence; for one, copyright law specifically recognizes copyright to a “natural person” but not to works purely generated by non-humans;

Prof. Jesus M. Disini Jr., Associate Professor, UP College of Law; Founder and Managing Partner, Disini & Disini Law Office, said, “Our report presents gaps in our county’s strategy on data governance. In highlighting them, we hope to encourage policy-makers and data managers to influence our political leaders to make the necessary legislation to plug these holes soonest.”

Oliver Xavier Reyes, UP College of Law: “Data is an asset and robust data governance is a key advantage in policy-making, especially in the public sector where decisions could impact one way or the other on people’s lives and their livelihood.”

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