Lawyer to ask SC to stop NCAP anew

MANILA, Philippines — A week after the reinstatement of the no contact apprehension policy of the Metropolitan Manila Development Authority, a lawyer plans to have it stopped again, claiming the MMDA is unprepared to enforce NCAP due to issues on data privacy and arbitrary enforcement.

In the motion for reconsideration The STAR obtained, lawyer Juman Paa ask the Supreme Court to review its ruling to lift the temporary restraining order (TRO) imposed on the NCAP.

Paa argued that when the MMDA filed its urgent motion to lift the TRO, the agency “failed to submit documents to prove that it is ready to implement the NCAP.”

The documents, according to Paa, include the comprehensive memorandum of agreement (MOA) and data sharing agreement (DSA) between the MMDA and Land Transportation Office (LTO) – agreements that should particularly state the scope of authority and limitation of functions and other parameters.

Paa said the MMDA also failed to submit the data privacy agreement and the service contract agreement indicating categorically how data will be collected, processed, maintained and disposed to avoid unlawful utilization if the MMDA system is operated and maintained by a private service contractor or by a contractor hired by a local government unit.

“The consent of the registered owners and drivers of motor vehicles must be obtained before their personal information are processed by other government entity or agency and most especially by third-party contractors. The execution of the MOA and DSA between MMDA and LTO cannot be construed as the consent of motor vehicle owners and drivers. Notably, the said MOA and DSA was not attached to the urgent ex-parte motion,” Paa said.

He added that the MMDA did not give any information “on how the MMDA will protect personal information obtained from the land transportation management system or LTMS, beginning from the time of collection of information up to its disposal or destruction.”

LTMS is the LTO’s database of motorist records, such as driver’s license and car registration.

“This all the more manifests unpreparedness of the MMDA to resume the implementation of NCAP,” Paa said.

The lawyer also expressed doubt on the MMDA’s use of artificial intelligence or AI in implementing the NCAP.

“There is no assurance that the footage and picture of the alleged infraction is safe from any alteration or modification through the use of AI or that the personalities involved would not be exposed to criminal and malicious activities of other persons.”

Aside from data privacy issues, Paa also questioned the MMDA’s policy to have the registered owner of vehicles pay fines for committing traffic violations through NCAP and give them the chance to appeal for their apprehension through the agency’s traffic adjudication body.

Paa was one of two petitioners against NCAP, pleading to have the Manila city government stop its own version of the policy.

The policies enforced by the local governments of Manila, Quezon City, Valenzuela, Muntinlupa and Parañaque remain suspended due to the TRO since August 2022.