This case concerns the validity of Executive Order 420 issued by President Gloria Macapagal-Arroyo which directed a unified ID system among government agencies. Kilusang Mayo Uno challenged the executive order, arguing it infringed on citizen privacy rights and usurped legislative powers. The Supreme Court upheld the executive order, finding that the president has constitutional power to ensure executive agencies follow the law. It also found the data collected for IDs, such as name and address, did not violate privacy rights as sensitive personal information was not included. The executive order was held to not usurp legislative powers or infringe privacy rights.
This case concerns the validity of Executive Order 420 issued by President Gloria Macapagal-Arroyo which directed a unified ID system among government agencies. Kilusang Mayo Uno challenged the executive order, arguing it infringed on citizen privacy rights and usurped legislative powers. The Supreme Court upheld the executive order, finding that the president has constitutional power to ensure executive agencies follow the law. It also found the data collected for IDs, such as name and address, did not violate privacy rights as sensitive personal information was not included. The executive order was held to not usurp legislative powers or infringe privacy rights.
This case concerns the validity of Executive Order 420 issued by President Gloria Macapagal-Arroyo which directed a unified ID system among government agencies. Kilusang Mayo Uno challenged the executive order, arguing it infringed on citizen privacy rights and usurped legislative powers. The Supreme Court upheld the executive order, finding that the president has constitutional power to ensure executive agencies follow the law. It also found the data collected for IDs, such as name and address, did not violate privacy rights as sensitive personal information was not included. The executive order was held to not usurp legislative powers or infringe privacy rights.
This case concerns the validity of Executive Order 420 issued by President Gloria Macapagal-Arroyo which directed a unified ID system among government agencies. Kilusang Mayo Uno challenged the executive order, arguing it infringed on citizen privacy rights and usurped legislative powers. The Supreme Court upheld the executive order, finding that the president has constitutional power to ensure executive agencies follow the law. It also found the data collected for IDs, such as name and address, did not violate privacy rights as sensitive personal information was not included. The executive order was held to not usurp legislative powers or infringe privacy rights.
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Case: Kilusang Mayo Uno vs NEDA Director General
Facts: President Gloria Macapagal Arroyo issued Executive Order No.
420 that directs a unified ID system among government agencies and Government owned and controlled corporations in order to have a uniform ID for all government agencies. Kilusang Mayo Uno and other respondents assailed this executive order for being a usurpation of legislative powers by the president and it infringes the citizens right to privacy. Issue: Whether or not Executive Order No. 420 is valid. Decision: Executive Order 420 is a proper subject of executive issuance under the presidents constitutional power of control over government entities in the executive department, as well as the presidents constitutional duty to ensure that all laws are faithfully executed, thus said executive order is not a usurpation of legislative power. Furthermore, it is not usurpation of legislative power because the act of issuing ID cards and the collection of some necessary information to imprint in them do not require legislation. What needs legislation is the system of appropriation to enforce the unified ID system, when unified ID system includes the citizens and when personal data that are beyond of what is routinely needed is collected for the ID.
KMU VS DIRECTOR (-GENERAL, NEDA & SECRETARY OF DBM) GR NO. 167798, APRIL 19, 2006 CARPIO,
Facts: - EO 420, issued by President Gloria Macapagal-Arroyo on 13
April 2005, reads: REQUIRING ALLGOVERNMENT AGENCIES AND GOVERNMENTOWNED AND CONTROLLED CORPORATIONS TO STREAMLINE AND HARMONIZE THEIR IDENTIFICATION (ID) SYSTEMS, AND AUTHORIZING FOR SUCH PURPOSE THEDIRECTORGENERAL, NATIONAL ECONOMIC AND DEVELOPMENT AUTHORITY TO IMPLEMENT THE SAME, ANDFOR OTHER PURPOSES
- Section 3 of the said EO provides that the data to be collected
and recorded by the participating agencies shall be limited to the following: Name; Home Address; Sex; Picture; Signature; Date of Birth; Place of Birth; Marital Status; Names of Parents; Height; Weight; Two index fingers and two thumb marks; Any Prominent distinguishing features like moles and others; Tax Identification Number (TIN)-Petitioners allege that EO 420 is void because it violates the constitutional provision on the right to privacy : (i) It allows access to personal confidential data without the owners consent; (ii) EO 420 is vague and without adequate safeguards or penalties for any violation of its provisions; (iii) There are no compelling reasons that will legitimize the necessity of EO 420.Issue: WON EO 420 infringes on the citizens right to privacy. Ruling: Petition without merit. RD: - On its face, EO 420 shows no constitutional infirmity because it even narrowly limits the data that can be collected, recorded and shown compared to the existing
ID systems of government entities. Moreover the data to be
collected are routine data for ID systems and are less personal compared to the medical records of patients taking prescription drugs (Whalen v. Roe, 429 US 589 (1977), good to note, see * below).-EO 420 further provides strict safeguards to protect the confidentiality of the data collected, in contrast to the prior ID systems (which even before were not complained of) which are bereft of strict administrative safeguards.-The right to privacy does not bar the adoption of reasonable ID systems by government entities.
Trade Waste Management Association, Inc. Dinardi Middlesex Carting Co., Inc. Salvatore Falgiano Falgi Carting Co. Custom Disposal Service Corporation Steve Dinardi Joseph George Dibella Sanitation, Inc. Philip F. Dibella Dependable Disposal Service, Inc. Frank Novello, United Service Disposal Corporation Andrew Coviello Crystal Carting Corporation Bert Garrabrant Fred Strubel Michael Barletta Blue and White Disposal, Inc. Art Sawyer Hamlette Disposal, Inc. Patrick Hamlette Giambrone Enterprises, Inc. Joseph Giambrone and Joe Doe (Said Name Being a Fictitious Name for a Real Person Who Sues on Behalf of Himself Individually and on Behalf of Certain Persons and Classes of Persons Similarly Situated v. Robert E. Hughey, Commissioner of the Department of Environmental Protection of the State of New Jersey: And Irwin I. Kimmelman, Attorney General of the State of New Jersey, 780 F.2d 221, 3rd Cir. (1986)