RESOLUTION NO. 2024-0635 (Sponsor: Committee on Laws, Rules and Policy Formulation) "A RESOLUTION RESPECTFULLY INFORMING THE HONORABLE SANGGUNIANG PANLALAWIGAN OF THE PROVINCE OF ZAMBOANGA DEL SUR WITH A REQUEST FOR RECONSIDERATION REGARDING ITS FINDINGS THAT SECTION 4A, GENERAL DUTIES AND OBLIGATIONS, OF CITY ORDINANCE NO. 2023-541 OTHERWISE KNOWN AS THE "DATA PRIVACY ORDINANCE OF PAGADIAN CITY," IS A GRAY AREA WHICH RENDERS IT INVALID, FOR REASONS STIPULATED HEREUNDER" WHEREAS, this body, during its 41st Regular Session dated 12 July 2023, enacted City Ordinance No. 2023-541 otherwise known as the "Data Privacy Ordinance of Pagadian City," and submitted the same to the Sangguniang Panlalawigan of the Province of Zamboanga del Sur for review pursuant to the provisions of Republic Act No. 7160; WHEREAS, upon review, the Sangguniang Panlalawigan of Zamboanga del Sur, by virtue of Resolution No. 1308-2023, declared City Ordinance No. 2023-541 valid in part for it found Sub-Paragraph A of Section 4 thereof, under General Duties and Obligations, gray area for reason that the City Government of Pagadian as Personal Information Controller (PIC) of data of not just its entire employees which, in effect, renders it invalid; WHEREAS, the body, upon careful scrutiny of the disputed provision through the Committee on Laws, Rules and Policy Formulation-to which the foregoing matter was referred-finds it cogently necessary to seek reconsideration from the Honorable Sangguniang Panlalawigan; NOW, THEREFORE, on seconded motion of Honorable Jesus B. Bajamunde, Jr., be it RESOLVED, as it is hereby resolved to respectfully inform the Honorable Sangguniang Panlalawigan of the Province of Zamboanga del Sur with a request for reconsideration regarding its findings that Section 4A, General Duties and Obligations, of City Ordinance No. 2023-541 otherwise known as the "Data Privacy Ordinance of Pagadian City, is a gray area which renders it invalid, for the following reasons, to wit: The contention that Section 4A thereof, under General Duties and Obligations, is a gray area for reason that the City Government of Pagadian will be controlling the data of not just limited to its entire employees is bereft of merit, for it is clear under Section 3 of the said Ordinance, under Coverage, that the provisions of such Ordinance shall only be applied to all departments and offices under the City Government of Pagadian; and The enactment and approval of the foregoing Ordinance is solely based on the intention to operationalize Republic Act No. 10173 otherwise known as the "Data Privacy Act of 2012 in the City of Pagadian," which aims to provide a local mechanism for its offices to abide by the provisions of the Data Privacy Act for the processing of personal data of its constituents as data subjects, whereby the people's right to data privacy is respected and upheld, subject to limitations provided by law (Highlighted and underlined for emphasis); RESOLVED FURTHER, to let a copy of this Resolution be forwarded to the Honorable Sangguniang Panlalawigan of Zamboanga del Sur, through His Honor, Vice Governor Roseller L. Ariosa, PGC, Barangay Dao, this city, for its information and/or appropriate action. APPROVED UNANIMOUSLY. I HEREBY CERTIFY to the correctness of the foregoing resolution. BALDOMERO FERNANDEZ City Vice Mayor/Presiding Officer Verified: JESUS B. BAJAMUNDE, JR. SP Member/Floor Leader Attested: ELKID P. NACUA Secretary to the Sangguniang Panlungsod