AN ACT CREATING THE DEPARTMENT OF INFORMATION AND COMMUNICATIONS TECHNOLOGY

Case Overview and Summary

Summary of the Department of Information and Communications Technology Act of 2015

Declaration of Policy (Section 2):
- Recognize the vital role of ICT in nation-building.
- Ensure strategic, reliable, cost-efficient, and citizen-centric ICT infrastructure, systems, and resources.
- Ensure universal access to quality, affordable, reliable, and secure ICT services.
- Promote the development and widespread use of emerging ICT and foster convergence.
- Ensure availability and accessibility of ICT services in underserved areas.
- Foster an ICT sector policy environment that promotes market-led development, level playing field, public-private partnerships, and balanced investments.
- Promote and assist the development of local ICT content, applications, and services, including support for ICT-based start-ups.
- Promote the use of ICT for enhancing key public services like education, public health, revenue generation, and socio-civic purposes.
- Encourage the use of ICT for the development and promotion of arts, culture, tourism, and national identity.
- Promote digital literacy, ICT expertise, and knowledge-building among citizens.
- Empower disadvantaged segments of the population through ICT.
- Ensure the rights of individuals to privacy and confidentiality of personal information.
- Ensure the security of critical ICT infrastructures.
- Provide oversight over agencies governing and regulating the ICT sector, and ensure consumer protection, data privacy, security, competition, and growth.

Definition of Terms (Section 3):
- Information and Communications Technology (ICT): The totality of electronic means to access, create, collect, store, process, receive, transmit, present and disseminate information.
- Convergence: The interface between various telephony, radio, video, broadcasting and multimedia infrastructure, devices and services, enabling communication.
- Electronic Government (E-Government): The use of ICT by the government and public to enhance access to and delivery of government services.
- ICT Sector: Those engaged in providing goods and services primarily intended for information processing and communication by electronic means.
- ICT-Enabled Services (ICT-ES) Sector: Those engaged in providing services that require the intrinsic use of ICT.
- Chief Information Officer (CIO): A senior officer in government agencies responsible for the development and management of the agency's ICT systems and applications.

Creation of the Department of Information and Communications Technology (DICT) (Section 4)

Mandate of the DICT (Section 5):
- The primary policy, planning, coordinating, implementing, and administrative entity of the Executive Branch for the national ICT development agenda.

Powers and Functions of the DICT (Section 6):

I. Policy and Planning:
- Formulate, recommend and implement national ICT policies, plans, programs and guidelines, considering convergence and emerging technologies. (Section 6a)
- Formulate policies and initiatives to develop and promote ICT in education, in coordination with DepEd, CHED, and TESDA. (Section 6b)
- Provide an integrated framework to optimize all government ICT resources and networks for the identification and prioritization of E-Government systems and applications. (Section 6c)

II. Improved Public Access:
- Prescribe rules and regulations for establishing, operating and maintaining ICT infrastructures in unserved and underserved areas, in consultation with LGUs, CSOs, private sector, and academe. (Section 6d)
- Establish a free internet service that can be accessed in government offices and public areas using cost-effective telecommunications technology, through partnerships with private service providers as necessary. (Section 6e)

III. Resource-Sharing and Capacity-Building:
- Harmonize and coordinate all national ICT plans and initiatives to ensure knowledge, information and resource-sharing, database-building and agency networking linkages among government agencies. (Section 6f)
- Ensure the development and protection of integrated government ICT infrastructures and designs, considering existing manpower, plans, programs, software, hardware, and installed systems. (Section 6g)
- Assist and provide technical expertise to government agencies in developing guidelines for enforcing and administering ICT laws, standards, rules, and regulations. (Section 6h)
- Assess, review and support ICT research and development programs of the government in coordination with DOST and other institutions. (Section 6i)
- Prescribe personnel qualifications and other standards essential for the effective development and operation of government ICT infrastructures and systems. (Section 6j)
- Develop programs that would enhance the career advancement opportunities of ICT workers in government. (Section 6k)
- Assist in the dissemination of vital information essential to disaster risk reduction through ICT. (Section 6l)
- Represent and negotiate for Philippine interests on ICT matters in international bodies, in coordination with DFA and other institutions. (Section 6m)

IV. Consumer Protection and Industry Development:
- Ensure and protect the rights and welfare of consumers and business users to privacy, security and confidentiality in ICT matters, in coordination with agencies, private sector and international bodies. (Section 6n)
- Support the promotion of trade and investment opportunities in the ICT and ICT-ES sectors, in coordination with DTI and other relevant agencies and private sector. (Section 6o)
- Establish guidelines for public-private partnerships in the implementation of ICT projects for government agencies. (Section 6p)
- Promote strategic partnerships and alliances between local and international ICT, research and development, educational and training institutions, to enhance competitiveness in global ICT and ICT-ES markets. (Section 6q)

Composition of the DICT (Section 7):
- Headed by a Secretary.
- Composed of the Office of the Secretary, Offices of the Undersecretaries and Assistant Secretaries.

Secretary of Information and Communications Technology (Section 8):
- Appointed by the President, subject to confirmation by the Commission on Appointments.
- Functions include providing executive direction and supervision, establishing policies and standards, reviewing and approving requests for resources, designating and appointing officers and employees, exercising disciplinary powers, coordinating with LGUs and other agencies, preparing and submitting budget estimates, serving as a member of the GPPB, advising the President on executive and administrative orders and legislative proposals, formulating rules and regulations, and performing other tasks assigned by the President.

Undersecretaries and Assistant Secretaries (Sections 9 and 10):
- The Secretary shall be assisted by three (3) Undersecretaries, two of whom shall be career officers, appointed by the President upon the recommendation of the Secretary.
- The Secretary shall be assisted by four (4) Assistant Secretaries, two of whom shall be career officers and at least one shall be a licensed Professional Electronics Engineer or suitably qualified person, appointed by the President upon the recommendation of the Secretary.

Qualifications (Section 11):
- The Secretary, Undersecretaries, and Assistant Secretaries must be citizens and residents of the Philippines, of good moral character, proven integrity, and with at least seven (7) years of competence and expertise in ICT, IT service management, information security management, cybersecurity, data privacy, e-Commerce, or human capital development in the ICT sector.

Regional Offices (Section 12):
- The DICT may establish, operate, and maintain regional offices in different administrative regions as needed.
- Each regional office shall be headed by a Regional Director, who may be assisted by one (1) Assistant Regional Director, both appointed by the President.
- Regional offices shall implement laws, policies, plans, programs, projects, rules and regulations of the DICT, provide efficient and effective service, coordinate with regional offices of other departments and LGUs, and perform other functions assigned by the Secretary.

Chief Information Officer (CIO) Council (Section 13):
- The DICT shall facilitate the creation of the CIO Council, consisting of CIOs from government agencies, with the Secretary serving as the Chairman, to assist in the implementation of government ICT initiatives.

Sectoral and Industry Task Forces (Section 14):
- The DICT may create sectoral and industry task forces, technical working groups, advisory bodies or committees for the furtherance of its objectives.
- Additional private sector representatives, such as from the academe, CSOs, federation of private industries directly involved in ICT, as well as representatives of other NGAs, LGUs and GOCCs may be appointed to these working groups.
- Government IT professionals may also be tapped to partake in the work of the DICT through these working groups.

Transfer of Agencies and Personnel (Section 15):
- The following agencies are abolished, and their powers, functions, funds, appropriations, records, equipment, property, and personnel are transferred to the DICT: ICTO, NCC, NCI, TELOF, NTTT, and all operating units of the DOTC dealing with communications.
- The following agencies are attached to the DICT for policy and program coordination: NTC, National Privacy Commission, and CICC.
- All powers and functions related to cybersecurity, including the formulation of the National Cybersecurity Plan, establishment of the National CERT, and facilitation of international cooperation on cybersecurity intelligence are transferred to the DICT.
- The CICC shall be chaired by the DICT Secretary.
- The laws and rules on government reorganization as provided for in Republic Act No. 6656 shall govern the reorganization process of the DICT.

Separation and Retirement from Service (Section 16):
- Employees who are separated from service within six (6) months from the effectivity of this Act as a result of the consolidation and/or reorganization shall receive separation benefits under Executive Order No. 366, s. 2004.
- Those who are qualified to retire under existing retirement laws shall be allowed to retire and receive retirement benefits.

Structure and Staffing Pattern (Section 17):
- Subject to the approval of the DBM, the DICT shall determine its organizational structure and create new divisions or units as necessary.
- The DICT shall appoint officers and employees in accordance with the civil service law, rules, and regulations.

Magna Carta (Section 18):
- Qualified employees of the DICT and its attached agencies shall be covered by Republic Act No. 3439, which provides a magna carta for scientists, engineers, researchers and other science and technology personnel in the government.

Transition Period (Section 19):
- The transfer of functions, assets, funds, equipment, properties, transactions, and personnel of the affected agencies, and the formulation of the internal organic structure, staffing pattern, operating system, and revised budget of the DICT, shall be completed within six (6) months from the effectivity of this Act.
- Existing personnel shall continue to assume their posts in holdover capacities until new appointments are issued.
- After the abolition of the agencies specified in Section 15(a), the DICT, in coordination with the DBM, shall determine and create new positions, the funding requirements of which shall not exceed the equivalent cost of positions abolished.

Appropriation (Section 20):
- The amount needed for the initial implementation of this Act shall be taken from the current fiscal year's appropriation of the ICTO and all agencies absorbed by or attached to the DICT.
- Thereafter, the amount needed for the operation and maintenance of the DICT shall be included in the General Appropriations Act.

Implementing Rules and Regulations (Section 21):
- The ICTO, DBM, CSC, and other government agencies concerned shall issue within sixty (60) days from the effectivity of this Act, the necessary rules and regulations for the effective implementation of this Act.

Separability Clause (Section 22):
- If any provision of this Act is declared unconstitutional or invalid, the other provisions not otherwise affected shall remain in full force and effect.

Repealing Clause (Section 23):
- All laws, decrees, executive orders, rules and regulations and other issuances or parts thereof which are inconsistent with this Act are hereby repealed, amended or modified accordingly.

Effectivity (Section 24):
- This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.