(File photo)
MANILA – The Commission on Elections (Comelec) has been allowed to post the names with pictures of registered voters on the list of voters outside the polling precinct during the May 2025 midterm elections.
Comelec chairman George Garcia welcomed the favorable response of the National Privacy Commission (NPC) regarding his request and clarification on the posting of names with pictures on the Posted Computerized Voters List (PCVL) displayed outside the polling place on Election Day.
“The response of NPC is favorable to us,” he said in a statement on Saturday.
“It’s a green light for us to proceed with the plan to include the pictures of voters in the precinct list of voters posted on the wall of each precinct on Election Day.”
Earlier, Garcia asked the NPC if such action violates privacy laws.
"On behalf of the Commission on Elections, I am writing to seek clarification and legal guidance from your esteemed institution regarding our proposed initiative to place photos next to the names of registered voters in the Posted Computerized Voters List (PCVL) outside of polling precincts in connection with the upcoming 2025 National and Local elections. The primary intention for this measure is to aid voters in quickly identifying their designated voting locations, thereby streamlining the electoral process,” he said in his letter dated April 11.
In response, Privacy Commissioner John Henry Naga noted, “The NPC opines that the Comelec’s proposed initiative to place photos next to the names of registered voters in the PCVL outside of polling precincts should be subjected to a thorough risk assessment.”
“Comelec shall consider, most of all, the principle of proportionality. Should it be found to be indeed suitable and necessary, the Comelec must then place controls that uphold data subjects' rights, and implement reasonable and appropriate organizational, physical and technical measures intended for the protection of personal data,” he said in a letter dated June 11 but was made public Friday evening.
Republic Act 101731, or the Data Privacy Act (DPA) of 2012, aims to protect the fundamental human right of privacy, of communication while ensuring the free flow of information to promote innovation and growth. It protects individual personal information in information and communications systems, both in the government and private sector.
As defined, personal information is "any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual."
“The NPC emphasizes that the DPA shall not be used to hamper or interfere with the performance of the duties and functions of government agencies. The DPA does not prohibit government agencies from processing personal data pursuant to their respective mandates, taking into consideration the applicable provisions of law, rules, and regulations, and the general data privacy principle enunciated in the DPA. The commission is appreciative of the efforts of the Comelec in complying with the Data Privacy Act of 2012,” he added.
Meanwhile, the Commission on Audit (COA) approved Comelec’s expenditures for the Barangay and Sangguniang Kabataan Elections (BSKE) 2023.
According to a Special Audit Report by the COA, the expenditures incurred by the commission for the Oct. 30, 2023 BSKE were proper, utilized as intended, and compliant with procurement rules.
"Kami po ay nagagalak at nagpapasalamat sa COA sa kanilang pag-recognize at pagpapatunay na maayos na ginamit ng Comelec ang budget na iniatang sa min para sa 2023 BSKE sapagkat ito po ay pera ng taongbayan at nararapat lamang na gamitin ito sa wastong pamamaraan (We are happy and thankful to the COA for recognizing and certifying that the funds for the 2023 BSKE had been spent by the Comelec properly. These are public funds and should be spent appropriately)," Garcia said in a separate statement.
The COA report noted that “based on the audit procedures performed, including sampling methods and comprehensive reviews, it can be concluded that the expenditures incurred for the (2023 BSKE) were proper and utilized as intended. Compliance with prescribed and established rules and regulations was observed throughout the procurement process, from bidding to contract implementation where applicable.”
The Special Audit Report was issued pursuant to the General Appropriations Act 2023, which requires a special audit on all expenditures incurred from printing jobs and materials used for registration, plebiscite, referendum, and election-related expenditures, to be undertaken within six months from the conduct of the polls. (PNA)
