DTR legal Basis

Hello All,

I encountered problem today, someone requesting daily time record (not the owner) for any purpose. Then i denied the request and i said is not a public document it's a personal record and is substantial for evidence. Now the requisitioner asking me what are my legal basis? why DTR is not a public documents? Please help of what are the legal basis. I am doudt because DTR was not mention in the RA10173.

Thank you.

Why were the persons trying to acquire their DTRs? Was it for a case, possibly labor-related?

As to the purpose of the requisitioner, DTRs together with logbook will be attachment for filing a case, don't know where civil service?

"Filing a case" - so are the requisitioners planning to sue the employer?

"don't know where civil service" - I do not understand what you mean.

Sir thepoetsedge,

Thank you for your reply. However, this is only i need. Legal basis why Daily Time Record(DTR) is not a public documents? Many lawyer said that DTR is not a public documents. I am very thankful to you guys if you can help me.

Best regards,

Emel
.

What did the lawyers that you have asked use as legal basis, then? Ask for their sources, and cite it.

Since they are already lawyers, their answers are more credible than mine since I am still a law student.

As far as I know, DTRs are not of public record since it is owned by the company and that is part of their private records. Only a court order to produce such evidence may compel an employer to bring such evidence to court.

Just to be sure, double-check my statement with your lawyer-friends.

Sir thepoetsedge,

Thank you very much. I am protecting personal information(am not a lawyer) in compliance to RA1073 (Data Privacy Act of 2012). As to the definition of Personal Data (Rule I, Sec. 3, Item J, of IRR of RA101713) refers to all types of personal information, e.q, Name, FName, Address, CPNo., Ip Add. I am correct to state it that way?, that, DTR contains personal information and it should be protected based on RA101730, disclosure required court order.

Thank you.

That may be used as a defense against such, but it will change if it is the employee himself who is seeking his own DTR copy since that is his personal information and it can be safely assumed that there is no sensitive company information in his DTR.

You must ask the requisitioner of the DTR as to the purpose of acquiring said DTR and if he is a representative of those employees whose DTRs he is trying to acquire. He must show proof that he is acting under their authority as an agent.

Again, check with your lawyer-friends. They may have a different take on the matter, as you claim you have spoken already with them with regards this issue.

Thank you very much! Now i am very confident that i am in the right path protecting the interest of our agency.

Again, Thank you Sir thepoetsedge.

You're welcome. Make sure to document every transaction you do with the requisitioner just to be on the safe side. You never know when those documents will be useful, especially if there will be future litigation.

Godspeed.