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Ordinance On Contact Tracing

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AN ORDINANCE IMPLEMENTING THE COVID-19 CONTACT TRACING SYSTEM OF

STAYSAFE.PH IN THE MUNICIPALITY OF TRENTO AND PROVIDING GUIDELINES


AND PENALTIES THEREOF
WHEREAS, Article II, Section 15 of the 1987 Constitution expressly declares, that it is the policy
of the State to protect and promote the right to health of the people and instill health
consciousness among them;
WHEREAS, President Rodrigo Roa Duterte issued Proclamation No. 922, declaring a State of
Public Health Emergency and Proclamation No. 929, declaring the State of Calamity throughout
the country by reason of the spread of Corona Virus Disease or COVID-19, which has been
declared by the World Health Organization as pandemic;
WHEREAS, Republic Act (RA) 11469 or the Bayanihan to Heal Us One Act of 2020 was enacted
placing the country in a state of national emergency due to the threat of COVID-19 and under
such act, Local Government Units were mandated to act within the letter and spirit of all rules,
regulations and directives issued by the national government and for them to fully cooperate in
implementing policies to address the prevalence of the deadly virus;
WHEREAS, the IATF Resolution No. 70, dated September 10,2020, adopted the
recommendations of the Department of lnformation and Communications Technology (DICT)
on the reaffirmed policy on maximizing the use of StaySafe.PH as the official social distancing,
health-condition-reporting, and contact-tracing system that will assist in the government's
response to COVID-19, amending for this purpose the IATF Resolution No.45 issued on June
10,2O2O;
WHEREAS, DILG Memorandum Circular No. 2020-129 dated October 5, 2020 with subject:
"Reiterating and Supplementing DILG Memorandum Circular No. 2020-081 dated May 8, 2020.
Enjoining the use of StaySafePH v.2 Application System for the Management of the Global
Pandemic”;
WHEREAS, StaySafe.Ph is a project of the Inter-Agency Task Force on Emerging Infectious
Diseases (IATF-EID) and the National Task Force (NTF) against Covid-19 that monitors the
people’s health status and quickly identifies person who may have symptoms of COVID-19;
contacted by those listed under the suspect, probable and confirmed cases; or have been
tested by local healthcare facilities. This aids the government on making much needed timely
and informed decisions to protect everyone in the municipality.
WHEREAS, Section 12 of R.A. No. 10173, otherwise known as the Data Privacy Act of 2012,
provides the criteria for the lawful processing of personal information in times of national
emergency to protect life and ensure public health and order, which states, among others, that:
(1) The processing is necessary to protect vitally important interests of the data subject,
including life and health; (2) The processing is necessary in order to respond to national
emergency, to comply with the requirements of public order and safety, or to fulfill functions of
public authority which necessarily includes the processing of personal data for the fulfillment of
its mandate” as provided in Section 12 (d) and (e) thereof, respectively;
WHEREAS, the effective and efficient implementation of the contact tracing system requires the
compliance of the local government unit, private and business sectors and the constituents of
the municipality, specifically in the conduct of data gathering and processing of basic personal
information as well as the ultimate use and implementation of the system within the territorial
jurisdiction of the municipality;

WHEREFORE, on motion of the Honorable Kayo Roi F. Diel

Section 1. TITLE. This ordinance shall be known as the “TRENTO COVID-19 Contact Tracing
System Ordinance of the Municipality of Trento”

Section 2. PURPOSE. This ordinance aims to contain and avert the spread and transmission
of the virus through the quick and immediate contact tracing of people who may have
been possibly exposed to positive COVID-19 confirmed patients within the municipality.

The Quick Response (QR) Code scanning through the use of the StaySafe.ph shall be
employed for the sole purpose of recording the persons entry at any given place and
time within the territorial jurisdiction of the Municipality of Trento. The basic personal
information and related data collected in the StaySafe.PH shall be used for no other
purpose other than to support and expedite the tracing of persons within the
Municipality who may have been in contact with an infected person in the event that a
positive COVID-19 case is reported in the Municipality.

Section 3. STATEMENT OF POLICY. It shall be the policy of the Local Government Unit of
Trento to protect its residents and visitors/non-residents, within its territorial
jurisdiction against COVID-19 through an effective and efficient implementation of the
digital contact tracing system which requires compliance of all individuals, residents and
visitors/non-residents of the Municipality.

Section 4. SCOPE AND COVERAGE. This ordinance shall cover all business establishments,
government offices/agencies, residents and visitors/non-residents within the territorial
jurisdiction of the Municipality of Trento to include public utilities and spaces, such as
but not limited to, public markets, public terminals and public transport.
Section 5. DEFINITION OF TERMS. For the purpose of this ordinance, the following terms
are defined as follows:

a) Contact Tracing Quick Response Identification Card (QR ID Card) – refers to a


system-generated card issued by the Municipal Government of Trento to any
individual, whether permanent or temporary residents, transients or visitors of
the Municipality of Trento, that will be used for logging into a digital logbook
when entering the premises of any public or private offices/establishments for
the purpose of recording the date and time of entry or visit of said person, and
which digitally bears the holder’s name, photograph and other data stored in a
uniquely-assigned Quick Response (QR) code.
b) Close Contact – refers to a person who may have come into contact with the
probable or confirmed case two days prior to onset of illness of the confirmed
COVID-19 case until the time that said cases test negative on laboratory or other
approved laboratory test through:
1. Face-to-face contact with a probable or confirmed case within 1 meter
and for more than 15 minutes;
2. Direct physical contact with a probable or confirmed case;
3. Direct care for a patient with probable or confirmed COVID-19 disease
without using proper personal protective equipment; OR
4. Other situations as indicated by local risk assessments.
c) Contact Tracing – refers to the identification, listing, and follow-up of persons
who may have come into close contact with a confirmed COVID-19 case. Contact
tracing is an important component in containing outbreaks of infectious
diseases.
d) Contact Tracing Team – is an LGU identified team that shall conduct case
investigation and collect data field of the COVID-19 Case using Case Investigation
Form and Travel History Form, or any information technology system, and shall
rigorously locate, profile, and assess all close contacts. The local Contact Tracing
Teams (CCTs) shall identify symptomatic close contacts who fit the COVID-19
case definition based on Administrative Order 2020-0013 and test and isolate
them using the same guidelines.
e) COVID-19 - is an infectious disease caused by a newly discovered coronavirus
called SARS CoV-2 wherein most people infected with the virus will experience
mild to moderate respiratory illness and recover without requiring special
treatment.
f) COVID-19 Individual – refers to the following:
1. Confirmed - refers to any individual, irrespective of presence or absence
of clinical signs and symptoms, who was laboratory confirmed for COVID-
19 in a test conducted at the national reference laboratory, a subnational
reference laboratory, and/or DOH-certified laboratory testing facility.
2. Probable COVID-19 Case– refers to a suspect case under the following
circumstances:
a. One whom testing for COVID-19 is inconclusive;
b. One who tested positive for COVID-19, but whose test was not
conducted in a national or subnational reference laboratory or
officially accredited laboratory for COVID-19 confirmatory testing;
and
c. One who died without undergoing any confirmatory testing.
3. Suspect COVID-19 Case – refers to a person who manifests any of the
following conditions:
a. All Severe Acute Respiratory Infection (SARI) cases where NO etiology
fully explains the clinical presentation;
b. Influenza-like Illness (ILI) with either of the following conditions:
i. with no other etiology that fully explains the clinical presentation
and a history of travel to or residence in an area that reported
local transmission of COVID-19 disease during the 14 days prior to
symptoms onset, or
ii. With contact to a confirmed or probable case of VOCID-19 in two
days prior to onset of illness of the probable/confirmed COVID-19
case until the time the probable/confirmed COid-19 case became
negative on repeat testing.
c. Individuals with fever or cough or shortness of breath or other
respiratory signs or symptoms falling under any one of the following
criteria:
i. Aged 60 years and above
ii. With comorbidity
iii. Assessed as having a high0risk pregnancy
iv. Health Worker.

g) Government Office – refers to any office created by the Constitution or a


legislative act having a definite tenure, and involving the power to carry out
some governmental function operating within the territorial jurisdiction of the
Municipality of Trento.
h) Private Establishments – refers to any building, structure, or portion thereof
that is owned, leased, controlled, or operated by a non-governmental entity for
a non-governmental purpose operating within the territorial jurisdiction of the
Municipality of Trento, including religious and private educational institutions.
i) Quick Response (QR) Code – refers to the trademark for a type of matrix
barcode which is a machine-readable code consisting of an array of black and
white squares, typically used for storing Uniform Resource Locators (URLs) or
other information for reading by the camera on a smartphone.
j) Residents – refers to a person living within the territorial jurisdiction of the
Municipality of Trento.
k) RT-PCR – refers to real-time Reverse Transcriptase-Polymerase Chain Reaction.
l) StaySafePH Application – refers to the mobile-based application developed for
the efficient and expeditious contact tracing of confirmed COVID-19 positive
patients and downloadable in Google play, Apple Store and AppGallery
m) Visitor - refers to a person who are non-residents seeking entry or have already
entered the territorial jurisdiction of the Municipality of Trento.
n) Logbook – refers to a digital or manual record of important data relative to
contact tracing.

Section 6. (SC-CCTS PROCEDURE). FOR DIGITAL LOGBOOKING


a. GATHERING AND COLLECTION OF INFORMATION. For the purpose of gathering
baseline information relevant to conduct efficient and speedy close contact tracing,
the following provisions shall govern data gathering and collection:
1. The Municipality of Trento, in coordination with its component BLGU,
shall gather and process relevant information using the Basic Personal
Data Form for the COVID-19 Contact Tracing for residents and non-
residents, provided that Section 12 (a) of R.A. No. 10173 or the Data
Privacy Act of 2012 shall be strictly complied with.
2. The following information shall be collected for the purpose of contact
tracing:
a. Complete Name
b. Birthdate
c. Address
d. Sex, and
e. Contact Number
3. All non-residents passing through or with temporary business or personal
transaction within the Municipality of Trento shall be required to register
online through the StaySafePH Application or StaySafe.ph website and
provide mandatory information for the issuance of QR Code that they
may either print or show for scanning using their mobile phones to the
checkpoints and offices/establishments where they have transaction.
If a person has no access to smartphones or internet, they shall fill out the Basic Personal Data
Form for COVID 19 Contact tracing and shall be required to use the pre-printed CCTS visitors’
cards with pre assigned QR codes issued by the Municipality of Trento and distribute to all PNP
checkpoints. The filled-out forms shall thereafter be submitted to the PGSC for encoding and
uploading in the ccts server.
4. It shall be the responsibility of the Barangay LGUs to assist residents of
the Municipality who opt to avail themselves of the CCTS card.

b. Issuance of CCTS card. A system generated CCTS card shall be issued to the
following:
1. Residents who registered in the digital logbook of the municipality
2. All non-residents of the municipality.
Section 7. MANUAL LOGBOOKING. All business establishments and government offices are
required to gather information of all clients and visitors entering its premises with the
following details:
a. Complete Name
b. Birthdate
c. Address
d. Sex, and
e. Contact Number

Section 8. GUIDELINES FOR GOVERNMENT OFFICES AND PRIVATE ESTABLISHMENTS


A. The following shall be required to register in the StaySafePH Application or
StaySafe.ph website:
1. National and local government offices including all government managed or
owned facilities and economic enterprises iin the municipality such as, but
not limited to, public schools, markets, terminals, hospitals, sports complexes
and gymnasium.
2. All private business establishments and entities to include religious and
educational institutions; and
3. All modes of public transport or public utility vehicles operating in the
municipality. Once registered, these establishments shall download the
(SC_CCTS) mobile application. All CCTS cards or CCTS Visitors Cards of
persons who are entering these registered establishments or offices shall be
scanned using mobile application.
B. All business establishments and government offices are also required to maintain a
manual logbook to ensure that all clients and visitors not registered in the
StaySafePH Application or StaySafe.ph website shall be properly recorded and the
same shall be submitted directly to the Integrated provincial Health Office on a
weekly basis.

Section 9. PROTECTION OF PRIVACY.


a. The duly designated Data Controller (DC) or Data Protection Officer (DPO) from the
PESU shall have authorized access to all information gathered and stored in the
server. The DC/DPO shall manage and keep all information with utmost care and
confidentiality and shall use the same for contact tracing purposes only. The DC/DPO
shall produce the reports necessary for the immediate conduct of contact tracing
following the DOH and PESU protocols.
b. The MLGUs shall likewise designate their respective DC/DPO from their MESU for
the proper handling of list of close contacts to be provided by the PESU should there
be a confirmed COVID-19 case.
c. All recorded information of a person’s date and time of visit or entry in
establishments and public utility vehicles shall be automatically deleted from the
StaySafePH Application or StaySafe.ph website as well as in the manual logbook
thirty (30) days after their storage thereto.
Section 10. STANDARD CONTACT TRACING PROCEDURE. the following procedure
shall govern the conduct of contact tracing in the PSC:
a. Receipt of Result and Generation of Reports for Close Contacts. Upon receipt of the
confirmed case result of the person, the DC/DPO and Chief of PESU shall
immediately generate a report in the list of places where the confirmed person had
been, including dates and time of entry in those places. Only the assigned
identification number of the confirmed infected person shall appear on the report.
The list of all close contacts in these places shall then be generated from the system
with their names, addresses, age, sex, and contact numbers.
b. Dissemination of List of Close Contacts and Identification of High-Risk Close
Contacts. The list of close contact with necessary information for immediate
validation shall be disseminated by the DC/DPO and chief of PESU to the respective
local government units through their duly designated CESU/MESU-DC/DPO for
validation and identification of high-risk close contacts.
c. Logistics Preparation. the CESU/MESU will submit the validated list of close contacts
to PESU for logistics preparations.
d. Dissemination of Validated Close Contacts to Contact Tracing Teams and
Implementation of Quarantine Protocols. The list of validated close contacts will be
disseminated to the municipal contact tracing team and to ensure that they will be
quarantined according to the set of Department of Health protocols.
e. Daily Monitoring of Close Contacts. The CCT shall closely monitor the quarantined
close contacts on a daily basis. If symptomatic, the close contacts will be isolated
and tested (RT_PCR). Regardless of the result, the CCT shall disseminate the result to
the concerned LGUs.
f. if a close contact becomes positive, repeat the procedure from a to e.

Section 11. TRENTO COVID-19 CONTACT TRACING SYSTEM IMPLEMENTING


COMMITTEE. There shall be created an implementing committee which shall effectively
carry out the purposes of the system and shall have the following composition and sub-
committees with their corresponding functions:

Chairperson : Municipal Mayor


Vice-Chairperson : Municipal Administrator
Members :
1. Ex-Officio Sangguniang Bayan Member – President Liga ng mga
Barangay
2. Municipal Health Officer
3. Municipal Planning and Development Officer
4. Sangguniang Bayan Member, Chairman on Committee on Health
5. PNP chief
Sub-committees and Functions:
a. Data Gathering and Collection - PPDO and Provincial Governors offices – brgy affairs.
This sub committee shal be responsible for facilitating the distribution and gathering of
the Basic Personal Data for SC-CCTS Forms and encoding of all information in the
database.
b. Information, Education and Communication Campaign. PIO and PPDO. This sub-
committee shall promote public awareness on the uses and benefits of the COVID-19
Contact Tracing System through the conduct of IEC campaigns and other media.
c. Business and Government Establishments Orientation and Registration – SC-Economic
and investment promotion center, provincial population office, ppdo, pgo-pio. This sub-
committee shall be primarily responsible for the orientation of all private and
government establishments/offices and facilities, and all operators of public utility
vehicles within the PSC on the CCTS use and application and their registration in the
CCTS website and installation of CCTS mobile application.
d. Health/Epidemiological Protocols – IPHO_PESU. This sub-committee shall be
responsible for case investigation and contact identification in accordance with the duly
established health protocols, and in collaboration with other agencies such as the PNP,
BJMP, MHO and BHERTS, among others.
e. Software Development and Maintenance – PGO_ITU and IPHO. this sub-committee
shall manage the software program, including its design, development, deployments,
and all its improvements or updates. They shall also take charge of the assignment of QR
codes and Id numbers assigned to the names of registered in the database and the
subsequent printing and issuance of CCTS Cards and CCTS Visitors Cards.
f. Enforcement and Monitoring – Provincial legal Office. MSWDO. This sub-committee
shall monitor and ensure compliance of all concerned with this ordinance.

Section 12. (SC-CCTS AUDIT TEAM). there shall be created a system audit team that
shall conduct regular assessment and evaluation of the overall system, and to ensure
data protection and privacy in the entire process or stages of system implementation up
to the until deletion of data. The team shall be composed of external experts and/or
local representatives from the academe, civil society organizations, DILG, Commission
on Human rights and DICT.

Section 13. PENALTIES. The following acts shall be sanctioned through the imposition
of corresponding penalties:
a. in case of failure of any government office or private establishment/public utility
vehicle operator to register in the SC-CCTS within 15 days from the effectivity of this
ordinance, scan all CCTS cards of clients/visitors and/or maintain a manual logbook,
they shall be sanctioned as follows: 1st offense – Php 1,000.00 fine 2nd offense – Php
2,000.00 fine 3rd offense – Php 3,000.00 fine or imprisonment of not more than sex
months or both at the discretion of the court
b. any person who willfully uses the CCTS cards of another shall be sanctioned as
follows: 1st offense – Php 1,000.00 fine 2nd offense – Php 2,000.00 fine 3rd offense –
Php 3,000.00 fine or imprisonment of not more than six months or both at the
discretion of the court
Those who found violating the provisions of national laws in relation to the
implementation of the CCTS, such as, but not limited to, the Data Privacy Act (R.A. No.
10173) and Mandatory Reporting of Notifiable Disease and health/events of Public
Health Concern Act (R.A. No. 11332) shall be prosecuted and penalized in accordance
with the provisions of the said law.
Any person who failed to register and use the digital contact tracing and health
condition reporting system of StaySafe.PH shall be denied of any services by any entity
operating in the Municipality of Trento.
Section 14. MISCELLANEOUS PROVISIONS.
a. The sub-committee on Enforcements and Monitoring of the SC-CCTS implementing
Committee shall prepare and submit to the Municipal Mayor the Implementing
Rules and Regulations of this Ordinance within 10 calendar days from this
enactment.
b. the Basic Personal Data Form for SC-CCTS -Residents. The Basic Personal Data Form
for SC-CCTS -Visitors and DC-CCTS – manual Logbook hereto attached shall form
integral parts of this ordinance.
c. the PGSC shall ensure compliance with the requirements of relevant national
government agencies relative to the development and implementation of the SC-
CCTS Application such as the DICT and NPC.
d. The implementation of this ordinance shall strictly comply with R.A. No. 11332, R.A.
No. 10173 and other related laws, rules and issuances.

Section 15. APPLICABILITY CLAUSE. This ordinance shall apply only during the State
of Public Health emergency as declared by the national government.

Section 16. TERMINATION CLAUSE. After the applicability of this ordinance, the SC-
CCTS application shall be removed from smartphones, and all information collected,
processed and stored for the purpose of the SC-CCTS shall be deleted from the server.

Section 17. SEPARABILITY CLAUSE. If any part or provision of this ordinance is


declared unconstitutional or invalid, the same shall not affect the validity and effectivity
of the other parts of provisions hereof.

Section 18. REPEALING CLAUSE. All ordinances, orders, issuances, rules and
regulations, contrary to or inconsistent with the provisions of this ordinance are hereby
repealed, amended or modified accordingly.

Section 19. EEFECTIVITY CLAUSE. This ordinance shall take effect immediately upon
approval and due posting.

09203438731

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