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(NAR) VOL. 24 NO. 4 / OCTOBER - DECEMBER 2013

[ BI IMMIGRATION OPERATIONS ORDER NO. SBM-2013-023, November 12, 2013 ]

DEFINING AND ESTABLISHING THE BUREAU OF IMMIGRATION DOCUMENT AND INFORMATION CLASSIFICATION, MANAGEMENT AND CONTROL PROTOCOLS



Pursuant to Section 3 of Commonwealth Act No. 613 (Philippine Immigration Act of 1940), as amended, empowering and authorizing the Commissioner of Immigration to issue, subject to the approval of the Department Head, such rules and regulations he deems necessary for the implementation of all immigration laws and on all matters within the BI’s jurisdiction, including those relating to its operations and enforcement of all laws and regulations pertaining thereto, the following protocols are hereby ordained:

CHAPTER I
GENERAL PROVISION

Section 1. Statement of Policy – Information and data are key assets which support the effective and proficient delivery and performance of the Bureau of Immigration’s legal mandate, powers, functions, duties and responsibilities. Its efficient management, use, retention and disposition within a securely designed environment assure the information’s integrity and accuracy. Any misuse, abuse or unauthorized disclosure of sensitive information and data can have severe consequence to the national security and the operations and activities of the Bureau.

Towards this end, all personnel of the Bureau have a duty to prevent the loss, misuse, abuse or unauthorized disclosure of the Bureau’s information and documents.

Section 2. Purpose and Coverage – The purpose of these protocols is to direct the creation, classification and storage of the Bureau’s information, ensure that official records are easily located, accessed and maintained whilst ensuring appropriate security and confidentiality of information and guarantee that official records are disposed of in a manner appropriate to their content and function.

These protocols shall apply to all information and official documents, regardless of format, including all its attachments and annexes, created and received by the Bureau in the course of the official business, activities and operations.

Section 3. Definition of Terms – As used in this Memorandum:

a)
“Bureau” shall mean Bureau of Immigration;
b)
“Information” shall mean any knowledge, record, paper, report, letter, contract, minutes and transcripts of official meetings, photographs, data, film, sound and video recordings, magnetic and other tapes, electronic data, computer stored data, or any other like or similar data or material recorded, stored or archived in whatever form or format, which are made, received or kept in or under the control and custody of the Bureau pursuant to law, executive order, administrative order, rules and regulations, or in connection with the performance or transaction of its official business.
c)
“Official Document” shall refer to information in any form or nature created or received by personnel of the Bureau in an official capacity or pursuant to its official functions, duties and responsibilities, and is not meant to be a stage or status of the information.

CHAPTER II
CLASSIFICATION OF OFFICIAL DOCUMENTS AND INFORMATION

Section 4. Classes of Documents and Information. – The Bureau’s official documents and information are hereby classified as:

a.
Internal Document – document created by Bureau personnel and stored within the Bureau and is not released to or received from external parties.
b.
External Document – document prepared by external parties and duly received by the Bureau.
c.
Classified Information – information in any form or nature, the safeguarding of which is necessary in the interest of national security. It shall be categorized as follows:
     

c.1
“Confidential Information” shall refer to information the unauthorized disclosure of which would endanger national security, cause serious injury or prejudice to the interest and prestige of the country, the Bureau, or any governmental operation or activity.

c.2
“Restricted Information” shall refer to information the unauthorized disclosure of which would cause administrative embarrassment, unwarranted injury to an individual or undue advantage to a third party.
   
d.
“Unclassified Information” – information other than that determined to be confidential or restricted.

Section 5. Classification of Documents or Information. – The classification of internal document or information shall be the responsibility of the head of the office, division, section or unit of the Bureau from which such document or information was created and emanated, or to which the external document or information was officially transmitted.

CHAPTER III
CREATION, MANAGEMENT AND USE OF DOCUMENTS AND
INFORMATION

Section 6. Creation. – (a) Paper-based - An internal document is deemed created upon the affixing of the signature thereon by the concerned personnel by the Bureau and the consequent official release or transmittal thereof to the concerned party or addressee. An external document becomes the property of the Bureau and subject to the protocols herein provided upon official receipt thereof by the duly authorized Bureau personnel.

(b) Electronic-based – An internal document is deemed created once it is encoded, entered and saved in any of the information system by a Bureau’s duly authorized personnel. An external document becomes Bureau’s property upon its electronic receipt thereof.

Section 7. Drafts. – Drafts shall not be kept as a document once the final version has been produced except in case where the development of the document or information needs to be documented, such as, but not limited to, policy development, agreements, decisions, orders or for those required for legal purposes.

Section 8. Labeling. – All documents and information created and received shall be clearly and properly labeled and classified (See Annex “1” and “2”) accordingly so that users are aware of the ownership, security classification and value of information. Each page of a subject document shall be marked “Confidential” or “Restricted”, as the case may be, in the bottom margin thereof.

Section 9. Access by Bureau Personnel. - (a) Only the Commissioner or any personnel duly designated by him shall have custody of or access to documents and information classified as “Confidential” which shall be stored in a separate appropriately secured area.

(b)
Documents and information classified as “Restricted” may be accessed by any Bureau personnel upon authority of the Commissioner.
   
(c)
Documents and information classified as “Unrestricted” may be accessed by any Bureau personnel for official purpose only.

Section 10. Access by Third Parties. – Access to or request for a copy of official document or information of whatever form or classification by third parties shall require the prior written authorization of the Commissioner or his duly authorized representative. Such request for access or copy must be submitted in writing or through electronic means and shall state the name and preferred contact information of the requesting party, reasonably described the information or document requested and the reason and purpose for such request.

Section 11. Denial of Access. – In case the Commissioner or his duly authorized representative denies the request for access, the concerned office shall, within seven (7) working days from the receipt of the request, notify the third party making the request of such denial in writing or through electronic means which shall indicate the ground/s for the denial.

Section 12. Access Fees. – The Bureau may charge a reasonable fee to reimburse the actual cost of reproduction, copying, printing or transcription and the communication of the official document or information requested.

Section 13. Sharing of Information. – The Administrative Division shall ensure that all personnel are fully aware of their legal duties and responsibilities as civil service employees concerning the inappropriate sharing and releasing of official documents and information, both internally within the Bureau and to external parties.

CHAPTER IV
STORAGE, RETENTION AND DISPOSITION

Section 14. Keeping of Documents and Information. – The Administrative Division and Records Section shall be primarily responsible for the custody, safekeeping and storage of all official documents and information. Official documents and information residing and stored in the Bureau information technology system’s databases shall be maintained and safeguarded by the Information and Communications Technology (lCT) Section.

Section 15. Declassification. – Upon cessation of the reason of its classification as confidential or restricted, the Commissioner or his duly authorized representative may declassify a document or information and shall be treated and disposed of in accordance with the pertinent provisions hereof.

Section 16. Maintenance, Archival and Disposition. – Following the standards and periods provided under Republic Act No. 9470 or the National Archives of the Philippines Act of 2007 and in consultation with the concerned divisions, section, units and offices of the Bureau, the Records and ICT Sections shall, within thirty (30) days from effectivity hereof, prepare and submit a records maintenance, archival and disposition schedule providing a listing of official documents and information under current use, for retention by the Bureau, for transfer to the National Archives, or for disposition; Provided, that disposition or destruction of the official documents may be implemented only upon approval of the National Archives of the Philippines.

CHAPTER V
FINAL PROVISIONS

Section 17. Criminal and Administrative Liability. – Any unauthorized disclosure, sharing, publication or use of any official document or information shall be considered a grave offense and shall be punishable in accordance with civil service rules and regulations. The filing of administrative case against the erring personnel shall not preclude the filing of any other appropriate criminal or civil case for violation of existing laws.

Section 18. Separability Clause. – If any of the provisions of this Order is declared invalid, the validity of the remaining provisions hereof shall remain in force and in effect.

Section 19. Repealing Clause. – All circulars, orders, rules and regulations, issuances of any part thereof inconsistent with the provisions of this Order are deemed repealed.

Section 20. Effectivity – This Memorandum Order shall take effect immediately upon approval.

Let copies of this Memorandum Order be with the Office of the National Administrative Register (ONAR), U.P. Law Center, University of the Philippines, Diliman, Quezon City.


(SGD) SIEGFRED B. MISON
Officer-in-Charge

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