JUSTICE Secretary Menardo Guevarra yesterday said the DOJ is having difficulty getting the full cooperation of law enforcement agencies like the PNP and the Philippine Drug Enforcement Agency in its drug war review due to data privacy issues.
Guevarra said the PNP and PDEA are having second thoughts in fully cooperating with the DOJ-led drug war review due to possible liabilities under the Data Privacy Act.
“Honestly, we are having difficulties in getting the full cooperation of our law enforcement agencies. Somehow, the PDEA and the PNP have concerns on the data privacy law. They are worried that in the end they might face charges if they share information,” Guevarra said in a radio interview.
He said this is the case even if the Data Privacy Commission has approved the sharing of information related to the anti-drug operations since it is part of the “legitimate investigation” of the department.
“The Commission on Data Privacy has already said that it is part of the legitimate investigation of the DOJ so they will have to share it,” he said.
Last week, PNP chief Guillermo Eleazar said the DOJ will have full access to PNP drug war records and not only on 61 cases earlier announced by Guevarra where policemen allegedly committed criminal and administrative lapses.
Also last week, DOJ Undersecretary Adrian Sugay said they are already coordinating with the PNP for the review of the 61 cases.
Guevarra said it will take a “few months” of review for the DOJ to determine the administrative and criminal liabilities of law enforcers who may have committed lapses in the anti-drug war, especially in cases where drug suspects were killed.
He said the real challenge is how to get the cooperation of witnesses, particularly in the prosecution of criminal cases.
“The administrative aspect is easy since the quantum of proof needed is just substantial evidence. But if we need to prosecute criminally, that’s a different thing since it is penal and it could lead to someone being jailed. So, we need stronger evidence,” Guevarra explained.
Last February, the DOJ-led review panel released a report saying it found that there were police officers who violated protocols in operations when they killed drug suspects allegedly in self-defense.
