Comelec chairman not keen on taking leave but seeks reconsideration on report

January 11, 2017

Commission on Elections ( Comelec)  chairman Andres Bautista will not take leave but  instead file a motion for reconsideration through the Solicitor General on the National Privacy Commission’s recommendation for criminal liability for allowing a big leak of voters records before the May 2016 national polls.

“I was disappointed with the recommendation of criminal (prosecution). But it’s there now.  This a cross I must bear with honor and faith,” said Bautista.

In its 35-page decision dated December 28 but revealed  last week, the National Privacy Commission  said  Comelec violated Sections 11, 20, and 21 of the Data Privacy Act when it failed to protect the privacy of the voters’ data in its role as “personal information controller”.

The NPC also recommended the criminal prosecution of Bautista due to his "wilful and intentional disregard of his duties as head of agency, which he should know or ought to know, is tantamount to gross negligence".

Bautista said the Comelec will comply with the  recommendations of the NPC  to protect  voter information.

This includes naming Comelec Executive Director Jose Tolentino as  acting Data Protection Officer, with a permanent one to be appointed before the January 27 deadline.

The NPC recommended  an agency-wide privacy impact assessment in two months; and create a privacy management program and a breach management procedure within three months. DMS