Open Government Data Act

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL -9 P4:05 SENATE S. No._ Introduced by: Senator Loren Legarda AN ACT INSTITUTIONALIZING THE OPEN GOVERNMENT DATA SYSTEM, MANDATING THE PROACTIVE AND REGULAR PUBLICATION OF POLICY AND OPERATION RELEVANT DATA BY ALL GOVERNMENT AGENCIES AND LOCAL GOVERNMENT UNITS, CREATING THE OPEN GOVERNMENT DATA AUTHORITY, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES EXPLANATORY NOTE A few years ago, during one of our most heated budget deliberations, I found myself in a familiar position: asking for sectoral data that, strangely, had suddenly become available. Charts, reports, and statistics poured in from agencies that, on ordinary days, would tell us that the same information was either unavailable, confidential, or buried under bureaucratic processes. It baffled me. As a four-term senator and former chairperson of the Senate Committee on Finance, I have long encountered this paradox. Data becomes available when agencies need to defend their budgets, yet it is nowhere to be found when it is needed most: when policies are being crafted, when journalists prepare their reports, when investors conduct due diligence, and when citizens seek to participate in governance. This makes governance, especially lawmaking, not only difficult but often uninformed. In the absence of reliable data, we are left to depend on instinct, theory, or anecdote. As a result, policies turn into well-intentioned assumptions that are untested, unverified, and at times, lead to unintended outcomes. The 1987 Philippine Constitution, under Article III, Section 7, recognizes the people's right to information on matters of public concern, including access to official

records and government data used in policy development. Yet, despite this constitutional guarantee, decades have passed and we still lack a strong legislative framework that gives this right full and practical effect. The Freedom of Information (FOl) bills have remained stalled in Congress. While the Executive Order on FOI in 2016 marked a welcome start, it is reactive in nature-relying on citizen requests that are often met with exemptions, silence, or red tape. When information is denied, there is no clear remedy. FOI, in practice, remains a promise more than a reality. Meanwhile, government websites remain unreliable and fragmented. The Open Government Partnership, led in our country, by the Department of Budget and Management, has made laudable strides in disclosing procurement data, budget allocations, and performance indicators. But critical datasets-those that underpin policy decisions in education, environment, health, poverty, and climate-are still scattered, inaccessible, or unpublished. There is no single, dependable platform that citizens, researchers, investors, businesses, local governments, or even legislators can turn to. This bill seeks to change that. The Open Government Data Act institutionalizes a government-wide system for the proactive, regular, and standardized publication of policy and operation-relevant datasets. It requires all agencies and local government units to publish both processed information and raw datasets by default, on schedule, not only upon request. These must be posted on a unified dedicated page within their official website, linked to a central government portal, and made available in machine-readable formats. This obligation is subject to established limitations on access to information, including the protection of personal privacy, national security, privileged communication, and other lawful exemptions recognized under existing freedom of information policies. This bill also creates the Open Government Data Authority (OGDA), the lead agency that will set data publication standards, integrate existing portals, ensure inter- agency coordination, respond to citizen alerts on data errors or omissions and identify material data essential for policymaking and governance. The institutionalization of open government data is not merely a transparency reform-it is a development strategy. A 2025 study by the World Bank found that countries with higher data transparency achieve faster and more sustained GDP

growth. A one-percent improvement in a country's Statistical Capacity Index (SCI)—a measure of its data system's quality and openness— is associated with up to a 0.04% increase in per capita GDP. Countries with open, credible, and accessible data also weather periods of uncertainty better, as transparency provides stability and investor confidence during times of crisis. Globally, open data is also becoming an economic driver in its own right. A McKinsey Global Institute report estimates that open data can generate $3 to $5 trillion in annual global value, especially in sectors like healthcare, education, transportation, and energy. These gains come from reduced inefficiencies, better services, and data- enabled innovation.3 Open data unlocks social and commercial value by enabling the creation of new services, technologies, and businesses rooted in public information. 4 Governments that proactively open their datasets lower the cost of public debt, stimulate new business creation, and improve the investment climate through better- informed markets.5 At the core of this effort is the recognition that data is a national resource. And yet, for years we have allowed our data systems to grow in isolation- fragmented by agency silos, inaccessible to outsiders, and invisible to many of their potential users. These systems are the product of decades of incremental, disconnected decisions. What we need now is a deliberate, structured, and interoperable framework that prioritizes high-impact datasets, fosters synergy across institutions, and meets the needs of the 21st century. 6 ^ Retrieved on July 07, 2025 from Islam, A.M. & Lederman, D. (2025). Data Transparency and Long- Run Growth. World Bank Blogs. https://openknowledge.worldbank.org/server/api/core/bitstreams/510cf00f-3344-5538-8f1f- f83c64ec1247/content, 2 Retrieved on July 07, 2025 from McKinsey Global Institute (2013). Open data: Unlocking innovation and performance with liquid information: https://www.mckinsey.com/capabilities/mckinsey-digital/our-insights/open-data-unlocking-innovation= and-performance-with-liquid-information 3 Retrieved on July 07, 2025 from Open Data Partnership https://www.opengovpartnership.org/stories/open-data-and-economic-growth-which-link-if- any/#:~:text=,annual%20investment%20in%20R%26D 4 Retrieved on July 07, 2025 from Open Knowledge Foundation. Releasing Social and Commercial Value: https://docs.google.com/presentation/d/1_uF9HSJnrS9eFgHi4gMYg1UZ - 8IfGpeutfSBd2ppKs/edit?pli =1&slide=id.p#slide=id.p 5 As previously cited in item 1. 6 Retrieved on July 07, 2025 from Advisory Panel on Public Sector Information (2012). National Information Framework for Public Sector Information and Open Data: https://studylib.net/doc/11253114

In our own context, this bill also addresses a democratic imperative. When policies and programs are backed by publicly available data, citizens gain confidence in government decisions. The World Bank emphasizes that accessible, timely data improves trust and enables broader citizen engagement. In contrast, when data is hidden, suspicion and alienation take root. With open government data, transparency becomes a mechanism not just for accountability, but for rebuilding public trust in institutions. Ultimately, this measure also lays the groundwork for the future of governance. As data-driven technologies increasingly shape how we forecast, plan, and respond to societal needs, the availability of clean, structured, and open data will determine our capacity to compete, govern effectively, and adapt to emerging challenges. Because how we manage our data reflects how we manage our affairs. If we cannot organize, verify, and make sense of what we know, how can we hope to govern wisely? Let us break down data silos and make government information work not just for agencies, but for every Filipino. In view of the foregoing, the passage of this measure is earnestly sought. LOREN LEGARDA

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session JUL -9 P4:05 SENATE S. No. O Introduced by: Senator Loren Legarda AN ACT INSTITUTIONALIZING THE OPEN GOVERNMENT DATA SYSTEM, MANDATING THE PROACTIVE AND REGULAR PUBLICATION OF POLICY AND OPERATION RELEVANT DATA BY ALL GOVERNMENT AGENCIES AND LOCAL GOVERNMENT UNITS, CREATING THE OPEN GOVERNMENT DATA AUTHORITY, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in the Congress assembled: CHAPTER I. PRELIMINARY PROVISIONS

Section 1. Short Title — This Act shall be known as the "Open Government Data

4 Act."

Sec. 2. Declaration of Policy - It is the policy of the State to guarantee the

6 people's right to access public information in a manner that promotes transparency, 7 accountability, inclusive governance, and data-driven policymaking. The government shall institutionalize a proactive, standards-based, and citizen-centric Open Government Data System that: (a) Encourages the use of public data for policy analysis, innovation, investment, and public participation; (b) Integrates data management across agencies and local governments; (c) Protects personal privacy while ensuring public access to non-sensitive information;

(d) Supports development goals including the Philippine Development Plan (PDP), the Sustainable Development Goals (SDGs), and AmBisyon Natin 2040; and (e) Aligns with international open data commitments, including the Open Government Partnership (OGP). The implementation of this Act shall be aligned with the principles, platforms, 7 and commitments of the Philippine Open Government Partnership (PH-OGP), as 8 institutionalized under Executive Order No. 31, s.2023.

Sec. 3. Definition of Terms. -

(a) Open Government Data - refers to any dataset generated, acquired, held, or funded by a government entity in the performance of its official functions, which is anonymized where necessary to protect individual privacy, structured and complete to enable meaningful analysis or reuse, and published in machine-readable and non- proprietary formats such as CSV, JSON, or XML. It shall be accompanied by metadata that clearly describes its source, methodology, update frequency, and limitations. (b) Open Government Data must be made freely and publicly accessible through the agency's Open Government Data Page and the National Open Government Data Portal, and must be available for unrestricted use, reuse, analysis, and redistribution without undue copyright, licensing, or access barriers. Such data shall be published proactively and regularly, regardless of formal request, unless lawfully restricted due to national security, privacy, or other privileged exceptions. (c) Open Government Data includes both raw and processed datasets that support transparency, public service delivery, evidence-based policymaking, citizen engagement, and innovation. Provided, that the primary version of each dataset shall be published in machine- readable and open formats. Commercial formats such as PDF or XLSX, among others, may only be provided as supplementary versions, and shall not substitute for the machine-readable standard.

(d) Policy-Relevant Data - Refers to any dataset, whether quantitative or qualitative, that directly or indirectly informs, supports, or results from government functions, decision-making, public service delivery, regulatory enforcement, planning, monitoring, or evaluation. This includes, but is not limited to, data on budgeting, public finance, infrastructure, personnel, environmental conditions, law enforcement, licensing, education, health, social welfare, procurement, public assets, citizen feedback, and performance indicators. (e) Material Data - A category of policy-relevant data identified as high- = priority for national development, governance reform, or public accountability. (f) Regularly Necessary Data - Subsets of policy-relevant data that are required to be disclosed monthly, quarterly, or annually by law or directive. (g) Metadata - Standardized information that explains the content, format, source, methodology, update frequency, and use limitations of a dataset. (h) Machine-Readable Format - A file format that can be automatically processed by a computer (e.g., CSV, JSON, XML). (i) National Open Government Data Portal - The centralized online platform operated by the Open Government Data Authority where all agency-disclosed datasets are indexed, searchable, and downloadable. (i) Open Government Data Authority - The Open Government Data Authority (OGDA), created under this Act, to oversee data disclosure policy, enforcement, and system integration. (k) Philippine Open Government Partnership (PH-OGP) - refers to the country's multi-stakeholder platform for promoting transparency, accountability, citizen participation, and innovation in governance, as institutionalized under Executive Order No. 31, s.2023. The PH-OGP is responsible for co-creating, overseeing, and monitoring the

implementation of the Philippines' commitments under the international Open Government Partnership (OGP) through a National Action Plan (NAP), in collaboration with government agencies and civil society organizations. (1) Open Government Partnership National Action Plan (OGP-NAP) - refers to the periodic, co-created action plan developed by the Philippine Open Government Partnership (PH-OGP) in consultation with government agencies, civil society organizations, and other stakeholders. The OGP-NAP outlines specific transparency, accountability, citizen engagement, and innovation commitments of the Philippine government under the international Open Government Partnership (OGP), and is subject to monitoring by the OGP Independent Reporting Mechanism (IRM)

Sec. 4. Scope and Coverage. - This Act shall apply to all departments,

agencies, bureaus, offices, and instrumentalities of the National Government, including the Executive, Legislative, and Judicial branches, as well as Constitutional Commissions and other independent bodies. It shall likewise cover the following: (a) Government-Owned and Controlled Corporations (GOCCS); (b) State Universities and Colleges (SUCs); (c) Local Government Units (LGUs); and (d) Other entities performing public functions or receiving public funds, including special bodies, commissions, inter-agency councils, and government financial institutions. This Act shall apply to all data, both current and historical, collected, produced, acquired, or maintained by covered entities in the performance of their official functions, subject to applicable safeguards on privacy, national security, and confidentiality as provided by law. CHAPTER II. INSTITUTIONAL FRAMEWORK

Sec. 5. Creation of the Open Government Data Authority. - There is hereby

2 created an Open Government Data Authority (OGDA), attached to the Department of 3 Economy, Planning, and Development (DEPDEV). The OGDA shall have quasi- regulatory authority in the enforcement of this Act. which shall: (a) Establish standards for open data publication, formats, anonymization, and interoperability in coordination with the Philippine Statistics Authority (PSA), the Department of Information and Communications Technology (DICT), the National Privacy Commission (NPC) and the other members of the Inter-agency Support Group; (b) Operate and maintain the National Open Government Data Portal, which shall serve as the central platform for the proactive publication of structured, material, and machine-readable datasets; (c) Coordinate with relevant agencies, including the PSA, PIDS, DICT, DBM, National Archives of the Philippines (NAP), National Research Council of the Philippines (NRCP), Presidential Communications Office (PCO), and NPC, to implement a harmonized and secure open government data system; (d) Coordinate with the Presidential Communications Office (PCO) and the Freedom of Information-Project Management Office (FOI-PMO) to ensure that the National Open Government Data Portal complements the eFOI Portal based on EO No. 2, s.2016. The OGDA shall ensure that machine-readable datasets are published proactively, while official documents and narrative records requested under the FOI framework remain accessible through the eFOI Portal; (e) Coordinate with the PH-OGP Steering Committee to align open data priorities, standards, and agency plans with the Open Government Partnership National Action Plan (OGP-NAP) and international transparency commitments; (f) Identify, in coordination with the Inter-agency Support Group and relevant stakeholders, the material datasets necessary for policymaking, governance, regulation, and public service delivery which each agency shall be required to publish and regularly update in its respective Open

Government Data Page, in accordance with its mandate and sectoral relevance; (g) Review and approve agency Open Government Data Disclosure Plans annually, in consultation with the PH-OGP Steering Committee, to ensure alignment with national development goals, OGP commitments, and agency mandates; (h) Monitor compliance and provide incentives or recommend sanctions, in accordance with guidelines issued jointly with the Civil Service Commission (CSC), DBM, and DEPDEV; (i) Develop capacity-building programs for public officials and support public sector innovation in open data governance; (i) Conduct open data literacy and public awareness campaigns, in coordination with the PH-OGP Secretariat and PCO, to promote responsible data use, civic engagement, and participatory governance; (k) Issue annual reports on agency open data performance, transparency metrics, and progress toward open government data targets; and (1) Issue binding rules, circulars, compliance protocols, and technical standards for publication, disclosure, and data governance. It may also issue notices of non-compliance and recommend disciplinary action against erring public officials to the Civil Service Commission, the Office of the Ombudsman, or the agency head, as appropriate.

Sec. 6. Organizational Structure and Leadership of OGDA. — The OGDA shall

23 be headed by an Executive Director, who shall be appointed by the President of the Philippines, from a list of recommendations of the Secretary of DEPDEV. The Executive Director shall: 1. Possess a proven track record in open data governance, digital government, statistics, or public policy; 2. Have at least ten (10) years of relevant experience in government, research institutions, or international development work; and 3. Hold the rank and privileges of an Undersecretary.

The Executive Director shall be responsible for overall policy direction, strategic 2 planning, personnel and financial management, inter-agency coordination, and external engagement of OGDA. The Executive Director shall be assisted by two (2) Deputy Executive Directors, with the rank of Assistant Secretaries, responsible for the following functions: (1) Deputy Executive Director for Policy and Standards - in charge of data classification, metadata standards, agency guidance, and Material Data formulation; (2) Deputy Executive Director for Systems and Compliance - in charge of the National Open Government Data Portal, publication compliance, technical support, and audit mechanisms. The OGDA shall establish the following minimum internal divisions: 1. Standards and Data Integrity Division 2. Portal Management and Systems Division 3. Compliance Monitoring and Enforcement Division 4. Capacity-Building and Outreach Division 5. Legal and Privacy Affairs Division 6. Administrative and Finance Division The OGDA may create additional units or realign its structure as necessary, subject to existing civil service and budgetary laws, and with the approval of DEPDEV and DBM.

Sec 7. Inter-agency support group - There is hereby established an Inter-

agency Support Group to serve as the primary technical and coordination body for the implementation of this Act. It shall be chaired by the Executive Director of the OGDA and composed of senior representatives from the following institutions: 1. Department of Budget and Management (DBM); 2. Department of Information and Communications Technology (DICT); 3. Department of Economy, Planning, and Development (DEPDEV); 4. Department of the Interior and Local Government (DILG); 5. Philippine Statistics Authority (PSA); 6. Philippine Institute for Development Studies (PIDS); 7. National Archives of the Philippines (NAP);

8. National Privacy Commission (NPC); 9. National Research Council of the Philippines (NRCP); and 10. Presidential Communications Office (PCO); The Inter-agency Support Group may invite representatives from civil society, 5 academia, the private sector, and local governments as non-voting resource participants. The Inter-agency Support Group shall regularly engage with the PH-OGP Steering Committee and the FOI-PMO to ensure complementarity of policies and avoid overlap between open data and FOl initiatives.

Sec. 8. Functions of the Inter-agency Support Group. - The inter-agency

Support Group, established under this Act, shall serve as the primary advisory and coordination body supporting the implementation of the Open Government Data System. The Support Group shall: (a) Recommend the annual list of Material and Regularly Necessary Data to guide agency data publication schedules on both the Open Government Data Portal; (b) Endorse inter-agency data standards, metadata protocols, and classification systems to ensure consistency, interoperability, and lawful anonymization; (c) Advise OGDA on technical priorities, feedback mechanisms, privacy safeguards, and citizen engagement strategies; (d) Harmonize agency and LGU Data Disclosure Plans with broader government reform agendas, including the OGP National Action Plan (OGP-NAP), the Philippine Development Plan, and the AmBisyon Natin 2040; and (e) Monitor alignment of disclosed datasets with international open data commitments, including those under the Open Government Partnership (OGP) and Sustainable Development Goals (SDGs). The OGDA shall serve as the Secretariat of the Support Group and shall submit bi-annual updates to the PH-OGP Steering Committee. The Support Group shall meet at least once every quarter and may create formats, tools, datasets, technical working groups or task forces to address thematic or sector-specific issues.

Sec. 9. Oversight and Review. - There is hereby created a Joint Congressional

2 Oversight Committee on Open Government Data, composed of five (5) members each 3 from the Senate and the House of Representatives, to be designated by the Senate President and the Speaker of the House, respectively, with at least one (1) member from the minority in each chamber. The Committee shall exercise oversight over the implementation of this Act, 7 including the performance of the Open Government Data Authority (OGDA), 8 compliance by covered agencies, effectiveness of disclosure mechanisms, and the 9 overall impact of the Open Government Data System on transparency, accountability, 10 and public service delivery. The Committee shall also conduct periodic reviews and evaluations, and may recommend remedial legislation, policy improvements, or amendments to this Act as may be necessary to strengthen its objectives. CHAPTER 111. INSTITUTIONAL FRAMEWORK

Sec. 10. Agency Open Data Focal Units. - Each government agency and LGU

shall designate a primary implementing unit responsible for compliance with this Act. This may include, but is not limited to, the Planning Division, Information and Data Management Division (IDMD), Monitoring and Evaluation Unit, or Knowledge and Information Management Office or combinations thereof. The designated unit shall: (a) Serve as the Open Data Focal Unit within the agency; (b) Lead the preparation of the Agency Data Disclosure Plan; (c) Coordinate the regular publication of datasets on the Open Government Data Page; (d) Ensure adherence to metadata and interoperability standards; (e) Liaise with the Open Government Data Authority (OGDA) and other coordinating institutions. Agencies with decentralized structures may assign focal units per regional office, provided that a central coordinating unit is maintained for consolidated compliance.

Sec. 11 Agency Open Government Data Pages. - Each government agency

2 and local government unit (LGU) shall maintain a dedicated Open Government Data 3 Page embedded within its official website. This Page shall serve as the primary platform for public access to the agency's disclosed datasets. It shall: (a) Contain downloadable datasets, with accompanying metadata, in open and machine-readable formats such as CSV, JSON, or XML. Commercial formats such as PDF or XLSX, among others, may only be provided as supplementary versions, and shall not substitute for the machine- readable standard; (b) Be updated at least quarterly, or more frequently where data is generated on a regular basis; (c) Be hyperlinked to and fully interoperable with the National Open Government Data Portal managed by the OGDA; (d) Include a log of updates, corrections, and data version history, with corresponding timestamps; (e) Feature processed outputs, such as statistical summaries, periodic reports, performance dashboards, and narrative analyses that contextualize the data; (f) Include visual data presentations-infographics, graphs, or interactive charts-to enhance user accessibility and understanding; (g) Provide a feedback and request mechanism for users to suggest additional datasets, report errors, or seek clarification on existing data; (h) Clearly indicate any datasets subject to lawful disclosure exemptions, citing the legal basis and coordinating with the National Privacy Commission or the Department of Justice, as applicable. This Data Page shall complement, not duplicate, the agency's eFOl Page, which shall remain the main platform for public access to government-issued documents, contracts, and written reports under the Freedom of Information framework.

Sec 12. Open Data Requirements for High-Priority Government Projects - In

line with the objectives of this Act, all high-priority government projects, as may be identified and certified by the DEPDEV, shall integrate open government data generation and disclosure as a core component of project implementation.

For each such project, the implementing agency or lead executing unit shall 2 constitute a dedicated Open Data Sub-Unit, which shall: (a) Identify and generate datasets relevant to the planning, execution, monitoring, and evaluation of the project, including financial, procurement, geospatial, performance, and outcome-related data; (b) Ensure that such datasets are structured, anonymized where necessary, and published in machine-readable formats on the agency's Open Government Data Page; (c) Coordinate with the OGDA for technical guidance, standardization, and metadata compliance; (d) Submit periodic updates and documentation to OGDA for inclusion in the National Open Government Data Portal. DEPDEV shall issue a list of high-priority government projects on an annual basis, guided by criteria such as national significance, scale of investment, strategic alignment with development goals, or heightened public interest. This list shall be transmitted to OGDA for oversight and integration into agency disclosure planning. Failure to comply with the data publication requirements for high-priority projects shall be considered non-compliance under this Act and shall be subject to the penalties and sanctions prescribed herein. CHAPTER IV. PRINCIPLES AND STANDARDS FOR DATA GOVERNANCE

Sec. 13. General Principles Governing Government Data. - All data generated,

held, funded, or acquired by public institutions in the course of official functions shall be considered a public resource and managed in accordance with the following principles: (a) Presumption of Openness - All data shall be presumed accessible to the public, subject only to lawful restrictions on national security, privacy, or privileged information;

(b) Timeliness and Regularity - Data shall be updated and published at intervals appropriate to its nature, policy relevance, and frequency of use; (c) Accuracy and Integrity - Data must reflect its original context, be free from manipulation, and retain source documentation and metadata; (d) Usability and Interoperability - Data must be structured, machine- readable, and formatted in a way that enables meaningful analysis and integration with other datasets; and (e) Privacy and Security Compliance - Personal, sensitive, or classified data must be protected in accordance with the Data Privacy Act and other applicable laws, with redaction, anonymization, or aggregation techniques applied as needed.

Sec. 14. Classification of Government Data. - For purposes of implementation,

the Support Group shall, through the Implementing Rules and Regulations (IRR), classify government data into the following categories: (a) Material Data - High-priority datasets identified annually by the Support Group as essential to public accountability, governance reform, or national development; (b) Regularly Necessary Data - Recurring datasets required by law or directive to be published at fixed intervals (e.g., monthly, quarterly, annually); (c) Processed Outputs - Analytical reports, infographics, dashboards, and policy briefs derived from raw datasets; (d) Historical or Archival Data - Non-current data retained for reference, legal, or research purposes; (e) On-Demand Data - Datasets that may not be required for regular publication but must be released upon public request, subject to applicable laws; and (t) Other data classifications as may be identified in the IRR. The IRR shall include a non-exhaustive list of example datasets under each category, technical standards and minimum metadata requirements, and suggested formats and platforms for publication.

Sec. 15. Complementarity with the Transparency Seal, eFOI Portal, and DBM

2 Requirements. - The requirements issued by the DBM for transparency and 3 accountability-including but not limited to the posting of Budget and Accountability 4 Reports (BAR), Budget Execution Documents (BEDs), agency targets, performance 5 indicators, and procurement documents-shall remain in full force and effect and shall 6 continue to be published under each agency's Transparency Seal, in accordance with 7 existing DBM circulars and guidelines. The Transparency Seal shall continue to serve as the primary platform for the 9 publication of official narrative reports, budget compliance documents, performance 10 targets, and procurement information, as prescribed by DBM, and shall remain a cornerstone of fiscal transparency and good governance. The eFOI Portal, administered by the Presidential Communications Office (PCO) through the Freedom of Information-Project Management Office (FOI-PMO), shall continue to serve as the primary platform for document-based public access requests, enabling citizens to obtain official records, issuances, contracts, and other documents not proactively disclosed by agencies. Finally, the Open Government Data Page, as established under this Act, shall serve as a distinct and complementary platform dedicated to the proactive publication of material, structured datasets, including statistical tables, time-series data, machine- readable formats, and processed analytics that support policy formulation, regulatory enforcement, program evaluation, and public service delivery. These three platforms shall be clearly delineated and coordinated as follows: (a) The Transparency Seal shall emphasize legal and narrative compliance reporting, including performance documents and procurement files mandated by DBM regulations; (b) The eFOI Portal shall enable on-demand access to official documents and records, in response to public requests under Executive Order No. 2, s.2016; and (c) The Open Government Data Page shall emphasize technical datasets, metadata standards, and analytics in machine-readable formats to enable reuse and public insight.

The OGDA, in coordination with the DBM and the PCO, shall issue joint 2 harmonized guidelines to clearly define the scope, publication standards, and 3 data/document boundaries between these platforms. These guidelines shall promote interoperability, prevent duplication, and ensure full transparency across platforms in § accordance with the mandates of this Act, DBM issuances, and the national Freedom of Information Program.

Sec. 16. Ownership and Attribution of Government Data - All datasets

8 generated, acquired, or funded by government agencies in the performance of official 9 duties shall be considered public domain unless otherwise provided by law. Agencies shall clearly indicate the origin and responsible unit for each dataset, and where applicable, acknowledge external partners or data generators. Datasets developed under PPPs or third-party contracts shall include provisions ensuring open licensing and publication rights.

Sec. 17. Open Data Licensing - All datasets published under this Act shall be

made available under an open data license, permitting unrestricted reuse, redistribution, and adaptation, with due attribution. No dataset shall be published under restrictive terms (e.g., proprietary, paywalled, or exclusive contracts), unless expressly authorized under law and with the approval of OGDA.

Sec. 18. Criteria for Determining Disclosure Obligation - To ensure

consistency, transparency, and accountability in the identification and publication of government data, all agencies and LGUs shall apply the following criteria in determining their obligation to disclose datasets under this Act: (a) Relevance to Governance. — Whether the dataset directly informs public policy formulation, planning, budgeting, regulation, monitoring, evaluation, or service delivery in pursuit of the agency's or LGU's mandate; (b) Frequency and Availability. - Whether the dataset is regularly generated, collected, or maintained as part of routine administrative, operational, or reporting functions; (c) Demand and Public Use. - Whether the dataset has been requested or utilized by oversight institutions, civil society organizations, academic

researchers, media, or the general public for purposes of analysis, advocacy, or participation; (d) Strategic Importance. — Whether the dataset supports the attainment of national development goals, the Sustainable Development Goals (SDGS), AmBisyon Natin 2040, or performance benchmarks under the Philippine Development Plan or agency-specific strategic plans; (e) Legal or Administrative Basis. - Whether the dataset is required to be produced, maintained, or reported under existing laws, executive or administrative issuances, audit rules, or agency internal directives; (f) Interoperability and System Linkage. - Whether the dataset can be integrated with other government datasets to enable more comprehensive analysis, data sharing, or system-wide insights; and (g) Risk and Disclosure Impact Assessment. - Whether the disclosure of the dataset may reasonably pose security, privacy, or legal risks, and whether such risks can be mitigated through anonymization, aggregation, redaction, or other technical safeguards. All agencies and LGUs shall prepare and submit an Annual Data Disclosure Plan, outlining the datasets selected for publication and demonstrating the application of the foregoing criteria. The Plan shall be subject to review and endorsement by the OGDA. Failure to apply these criteria transparently and in good faith shall constitute non-compliance under this Act.

Sec. 19. Exceptions to Disclosure. - Government agencies and local

government units may withhold the publication of specific datasets only under the following justifiable grounds: (a) When disclosure would pose a demonstrable risk to national security, defense, or international relations, as certified by the appropriate authority; (b) When the dataset pertains to ongoing criminal investigations, law enforcement operations, or legal proceedings where disclosure would compromise due process or impede justice;

(c) When the dataset contains personal or sensitive personal information, the disclosure of which would violate the Data Privacy Act of 2012 or other applicable privacy laws, unless anonymized or redacted; (d) When the dataset is covered by legal privilege, protective court orders, or confidentiality provisions established under law, treaty, or contractual obligation; and (e) When the dataset falls within the allowable exceptions under the existing FOl executive order and applicable laws or jurisprudence, as may be updated or amended, and as further clarified through the IRR of this Act. All denied disclosures shall be reported to the OGDA and recorded in a Registry of Withheld Data, which shall be created and maintained by the Authority and shall be published on the Open Government Data Portal. Each entry shall include the legal basis for non-disclosure, the justification provided by the agency, and the date of 15 denial. The OGDA shall periodically review the registry to ensure consistency with this 16 Act and may recommend the reconsideration or disclosure of entries found to be inconsistent with the presumption of openness.

Sec. 20. Obligation to Disclose and Presumption of Openness. — All

government agencies and LGUs shall exhaust all reasonable means to ensure that datasets and processed reports under their custody are made publicly available through their respective Open Government Data Pages. In cases where data contains elements subject to lawful restrictions-such as privacy, security, or legal privilege agencies shall apply data anonymization, 24 aggregation, redaction, or other technical safeguards to enable publication of the remaining usable components. The OGDA shall assist agencies in applying such safeguards to ensure that datasets remain as open and useful as possible. In cases of ambiguity or uncertainty as to whether a dataset or report may be disclosed, the presumption shall be in favor of disclosure, public use, and openness, unless expressly prohibited by law or a final judicial ruling. Failure to undertake reasonable efforts to publish a usable version of a dataset or to unjustifiably withhold access shall constitute non-compliance under this Act and

may subject the agency or responsible officer to administrative sanctions, in 2 accordance with the provisions of this Act.

Sec. 21. Open Data Contributions by Non-State Actors - The OGDA may

accredit external institutions-such as academic bodies, civil society organizations, or 5 private sector actors-as open data contributors. Datasets submitted must meet 6 technical and ethical standards prescribed by OGDA and shall be published under open 7 licenses. Such collaborations shall not substitute for the agency's primary disclosure 9 obligations under this Act. CHAPTER V. DATA MANAGEMENT, ARCHIVING, AND INTEGRATION

Sec. 22. Long-Term Stewardship of National Datasets - The OGDA, in

coordination with the NAP and the PSA, shall identify and maintain datasets of long- term or intergenerational value. These may include, but are not limited to, demographic, environmental, fiscal, scientific, cultural, and heritage-related datasets. Such datasets shall be: (a) Permanently preserved and protected from deletion, loss, or unauthorized modification; (b) Subject to periodic updates or refresh cycles to maintain accuracy and relevance; and (c) Migrated to sustainable digital formats consistent with evolving technological standards. The classification and handling of intergenerational datasets shall be governed by protocols to be issued jointly by OGDA, NAP, and PSA, in accordance with the IRR of this Act.

Sec 23. Integration with the National Records Management Framework —

(a) All government datasets published under this Act shall conform to metadata, authenticity, retention, and preservation guidelines issued by the NAP, consistent with national records management policies and international archival standards;

(b) Historical datasets-whether born-digital or digitized-shall be archived in accordance with established records disposition schedules, and shall be cataloged and maintained in coordination with NAP to ensure permanent accessibility and proper custodianship; (c) OGDA shall maintain a data lifecycle protocol, in coordination with NAP and PSA, to distinguish between operational datasets, archivable historical records, and datasets of intergenerational value, and to implement appropriate standards for their migration, preservation, and disclosure; and (d) The IRR of this Act shall define the technical procedures for dataset archiving, migration formats, and shared custodianship responsibilities among OGDA, NAP, and originating agencies.

Sec. 24. Integration with Community-Based Monitoring Systems (CBMS) —

OGDA, in coordination with PSA, shall ensure integration of CBMS-generated datasets into LGU Open Government Data Pages and the National Open Government Data Portal, consistent with R.A. No. 11315 (CBMS Act). LGUs shall publish aggregated CBMS indicators and planning dashboards, excluding personal identifiers. OGDA shall issue standards for CBMS data interoperability and ensure alignment with national goals.

Sec. 25. Integration with Local Planning and Management Systems - The Open

Government Data System shall be interoperable with local government systems, including CBMS, Geographic Information Systems (GIS), and community-level decision dashboards. OGDA shall assist LGUs in aligning their data infrastructure with open standards, and in developing localized data portals that contribute to national datasets.

Sec. 26. National-Local Data Bridging Framework - A National-Local Data

Bridging Framework shall be established under OGDA, in consultation with PSA, DILG, and DEPDEV, to: (a) Harmonize data taxonomies and definitions; (b) Set protocols for upward and downward data flow;

(c) Provide feedback loops between national indicators and community- level outcomes. The Framework shall ensure that granular local data (e.g., CBMS) is aggregated meaningfully at the national level without compromising data quality or context. CHAPTER VI. INNOVATION AND PUBLIC ENGAGEMENT

Sec. 27. Application of Big Data and AI Analytics - The Open Government Data

Portal shall support Already data structures and metadata tagging to enable large- 9 scale analytics, visualization, and forecasting. OGDA shall develop protocols for big data integration, including interoperability with real-time government databases, use of structured APIs, and support for research-grade data pipelines.

Sec. 28. Periodic Review and Impact Assessment - The OGDA shall conduct

an annual review of the Open Government Data System, in coordination with DEPDEV: (a) Usage statistics of published datasets; (b) Public and stakeholder feedback; (c) Data quality and timeliness; (d) Policy impact and decision support value. Findings shall inform the annual Material Data list and capacity-building priorities.

Sec. 29. Citizen Alerts and Data Gaps Reporting - The OGDA shall maintain a

public feedback mechanism to allow citizens, researchers, civil society organizations, and watchdog groups to report any of the following: (a) Undisclosed datasets that are material, regularly generated, or legally required to be disclosed; and (b) Errors, manipulation, inconsistencies, or significant gaps in published datasets. All verified alerts or reports shall be reviewed by the concerned agency and addressed within thirty (30) days of receipt, with oversight and tracking by the OGDA.

A correction and dispute resolution framework, including response timelines, 2 verification protocols, and appeal or escalation procedures, shall be developed and issued as part of the IRR of this Act.

Sec. 30. Capacity-Building and Support. — OGDA shall lead national training

5 and technical assistance programs for agency data officers, in coordination with DICT, 6 DBM, and the Development Academy of the Philippines (DAP), Civil Service 7 Commission (CSC), the DILG and State Universities and Colleges. CHAPTER VII. IMPLEMENTATION AND ENFORCEMENT

Sec 31. Phased Implementation - The implementation of this Act shall proceed

in phases over a period of four (4) years from the effectivity of its IRR. The OGDA, in consultation with DEPDEV, DBM, DILG, PSA, and NPC, shall formulate a Phased Implementation Plan covering: (a) Tier 1: Agencies with existing open data capacity (Year 1-2); (b) Tier 2: LGUs and medium-capacity agencies (Year 2-3); and (c) Tier 3: Remaining agencies and 4th-6th class LGUs (Year 3-4). The Plan shall define readiness benchmarks, publication priorities, and technical support mechanisms.

Sec. 32. Non-Compliance and Penalties. -

(a) Failure to publish Material Data and Regularly Necessary Data within the prescribed period shall result in: 1. Inclusion in the OGDA Transparency Scorecard; 2. Issuance of a Formal Notice of Non-Compliance; and 3. Withholding or reduction of performance-based bonuses, salary step increments, or other incentive-based entitlements for responsible officials and personnel, in accordance with guidelines to be jointly issued by the OGDA, the DBM, and the CSC. (b) Deliberate suppression, manipulation, unauthorized deletion, or falsification of government data shall be subject to appropriate

administrative sanctions under civil service laws, without prejudice to the filing of criminal or civil charges, as may be warranted. The OGDA shall maintain a public record of compliance ratings, and may recommend disciplinary action to the CSC, the Office of the Ombudsman, or the head of agency, as appropriate.

Sec. 33. Appropriations. — The initial amount of Five Hundred Million Pesos

7 (P500,000,000.00) shall be charged against the current year's budget of DEPDEV. 8 Subsequent funding shall be included in the General Appropriations Act.

Sec. 34. Implementing Rules and Regulations. — Within one hundred twenty

10 (120) days from effectivity, OGDA shall, in consultation with PSA, PIDS, DBM, DICT, 11 NAP, and other relevant stakeholders, promulgate the IRR of this Act. CHAPTER VIII. FINAL PROVISIONS

Sec. 35. Separability Clause - If any provision of this Act is held to be invalid

or unconstitutional, the remainder of the Act shall not be affected, and shall continue to be in full force and effect.

Sec 36. Effectivity Clause - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in at least two (2) newspapers of general circulation. Approved,