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Monday, May 22, 2006
Group asks high court to overturn ruling on ID system
MANILA -- A militant labor group has asked the Supreme Court (SC) to reverse its earlier decision declaring Executive Order (EO) 420 or the "unified multi-purpose identification system" as constitutional, insisting it would lead to various abuses, including violation of citizens' right to privacy.
The Kilusang Mayo Uno (KMU) through lawyer Remigio Saladero Jr. said EO 420 is the same as Administrative Order (AO) 308, which was issued in 1996 by then President Fidel Ramos in an attempt to set up a National Computerized Identification Reference System.
The SC, however, nullified AO 308 on the grounds that "a national ID card system requires legislation because it creates a new national data collection and card issuance system where none existed before."
The KMU said the court should have struck down EO 420 for being "unconstitutional" as it has done with AO 308.
"The fact that EO 420 fails to provide for measures that would prevent indiscriminate disclosure of information; fails to provide the procedure for the gathering, storage, and retrieval of the information gathered; fails to enumerate the persons authorized to access the data; and fails to impose specific sanctions against unauthorized use and disclosure of whatever data gathered -- all these indicate that E0 420 contains no specific and foolproof provision against possible invasion of the citizen's right to privacy," the group said.
Although the proposed ID system in both issuances are not declared to be compulsory, the group noted that they are in effect compulsory since without the IDs, citizens will have difficulty exercising their rights and privileges when they deal with various governmental agencies covered by the ID system.
The petitioner added that both proposed ID system have no adequate controls to guard against leakage of information. "Both issuances do not tell us how the information gathered shall be handled, who shall control and access the data, and under what circumstances and for what purpose," the KMU said.
"Indeed, all that EO 420 does is to give a motherhood assurance of confidentiality, stating that the date stored will be used solely for establishing the identity of a person. There are no clear, specific and categorical guarantees that would dispel suspicions of mistreatment and abuse," it added.
In a ruling last April 19, the high court upheld the constitutionality of President Gloria Macapagal-Arroyo's EO 420 that provides for the implementation of a "unified multi-purpose identification system" for government agencies and government-owned and controlled corporations.
The High Tribunal junked the petitions filed by militant groups and party-list lawmakers criticizing the legality of the order on the ground that it is tantamount to usurpation of legislative power by the President and it infringes on the citizen's right to privacy.
The SC stressed that it is within the constitutional power of the President to direct entities under the executive department to adopt a uniform ID data collection and format. It cited Section 17, Article VII of the 1987 Constitution which provides that the "President shall have control of all executive departments, bureaus and offices." (ECV/Sunnex)
(May 22, 2006 issue)
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