Pakistan
Name of law: Freedom of Information Ordinance
First adopted: 2002
Last modified: 2017-10
RTI Rating last updated: 2023-07
First adopted: 2002
Last modified: 2017-10
RTI Rating last updated: 2023-07
Introduction
Due to consistent scoring across all categories, the Pakistani RTI law ranks above average worldwide. The legislation’s strengths lie in its expansive score, which applies to all executive offices, as well as the legislature, and any court, tribunal, commission or board under the Federal law. Additionally, the legislation sets out a relatively robust uniform procedure for making requests, with special provisions for aiding persons with accessibility needs. Other notable areas of strength include its relatively developed external appeals procedure through the Information Commission and that Commission’s statute mandated promotional responsibilities. Areas for further improvement would be to provide for a right to internal appeal within the law and strengthen the exceptions regime, which currently includes provisions beyond those internationally accepted and are neither harm-tested or subject to a mandatory public interest override.
Local Expert: Zahid Abdullah
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 6 | 6 |
| 2 | Scope | 25 | 30 |
| 3 | Requesting Procedures | 21 | 30 |
| 4 | Exceptions & Refusal | 17 | 30 |
| 5 | Appeals | 22 | 30 |
| 6 | Sanctions & Protections | 4 | 8 |
| 7 | Promotional Measures | 13 | 16 |
| ∑ = 108 | ∑ = 150 |
| Section | I | Description | Scoring instructions | Max score | Findings | Points | Article | Comments |
|---|---|---|---|---|---|---|---|---|
1. Right of Access |
1 | The legal framework (including jurisprudence) recognises a fundamental right of access to information. | Score 0 for no constitutional right to information, 1 point for a limited constitutional right, 2 points for full constitutional recognition of a public right of access to information. | 2 | YES | 2 | 19A. Every citizen shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law. | |
1. Right of Access |
2 | The legal framework creates a specific presumption in favour of access to all information held by public authorities, subject only to limited exceptions. | No=0, Partially=1, Yes=2 | 2 | YES | 2 | 3(1) Subject to the provisions of this Act, no applicant shall be denied access to information or record held by a public body. | |
1. Right of Access |
3 | The legal framework contains a specific statement of principles calling for a broad interpretation of the RTI law. The legal framework emphasises the benefits of the right to information. | One point for each characteristic. | 2 | YES | 2 | Preamble: WHEREAS Government believes in transparency and the right to have access to information to ensure that the people of the Islamic Republic of Pakistan have improved access to records held by public authorities and promote the purposes of making the Government more accountable to its people, of improving participation by the people in public affairs, of reducing corruption and inefficiency in Government, of promoting sound economic growth, of promoting good governance and respect for human rights; 3(2) This Act shall be interpreted so as to advance its purposes as set out in the preamble and to- (a) promote the right of access to information; and (b) facilitate and encourage promptly the disclosure of the information at the lowest and reasonable cost. | |
2. Scope |
4 | Everyone (including non-citizens and legal entities) has the right to file requests for information. | Score 0 point if only residents/citizens; 1 point for all natural persons; 1 point for legal persons. | 2 | NO | 0 | 2(ii) "applicant" means a citizen of Pakistan, as defined in law, who lodges a request or any person who is acting for or on behalf of such a person; 3(1) Subject to the provisions of this Act, no applicant shall be denied access to information or record held by a public body; 11(1) Subject to the provisions of this Act and the rules made thereunder, a citizen of the Islamic Republic of Pakistan may make a request to a public body through the designated official. | Right of access applies to 'applicants', defined as citizens. Does not appear to cover legal persons. |
2. Scope |
5 | The right of access applies to all material held by or on behalf of public authorities which is recorded in any format, regardless of who produced it. | Score 1-3 points if limited definition of information information such as not "internal documents" or databases excluded, 4 points for all information with no exceptions. | 4 | Partially | 1 | 2(v) "information" means information based on record; (x) "record" means a public record as defined in section 6; (xii) "right of access to information" means the right of access to information accessible under this Act which is held by or under the control of any public body and includes the right of access to information, documents or record in digital or printed form, as the case may be; 6 Subject to the provisions of section 7, the following record of all public bodies is hereby declared to be the public record, namely: - (a) policies and guidelines; (b) transactions involving acquisition and disposal of property and expenditure undertaken by a public body in the performance of its duties and functions; (c) information regarding grant of licences, allotments and other benefits, privileges, contracts and agreements made by a public body; (d) final orders and decisions, including decisions relating to members of public; and (e) any other record which may be notified by the Minister-in-charge of the Federal Government as public record for the purpose of this Act. | Very confusing as to scope here. Information is defined as "based on record" which is then defined by reference to section 6, which has a very limited definition. The "right of access to information" refers to information being "held by or under the control of" any public body, which is much broader. |
2. Scope |
6 | Requesters have a right to access both information and records/documents (i.e. a right both to ask for information and to apply for specific documents). | Score 1 point for only documents, 1 point for information. | 2 | YES | 2 | 2(xi) "request" means a request for access to information and includes a request for access to a specific record; 3(1) Subject to the provisions of this Act, no applicant shall be denied access to information or record held by a public body. | Consistently refers to both information and records. |
2. Scope |
7 | The right of access applies to the executive branch with no bodies or classes of information excluded.This includes executive (cabinet) and administration including all ministries, departments, local government, public schools, public health care bodies, the police, the armed forces, security services, and bodies owned or controlled by the above. | Score 4 points for central government agencies covered: 1 for the head of state, 1 for ministries, 1 for other non-statutory agencies created by the ministries, 1 for state and local government if the government is unitary. If it´s a federalist system, 2 points for the non-statutory agencies. This can be determined by examining the length and thoroughness of the list, if such a schedule exists. Score 1 point for the archives. Add three points and deduct 1 for each exempted central agency (such as the armed forces, police, etc). | 8 | YES | 8 | 2(ix) (ix) " public body" means- (a) any Ministry, Division, attached department or subordinate office, including autonomous bodies of the Federal Government; (b) any Federal and any municipal or local authority set up established by or under any Federal law; (d) any statutory corporation or other body corporate or institution set up or established or owned or controlled or funded by the Federal Government; (f) any incorporated or unincorporated body of the Federal Government functioning under the control or authority of another public body or wherein one or more public bodies own or have controlling interest or provide substantial funding; | Prime Minister would appear to be included through legislature. |
2. Scope |
8 | The right of access applies to the legislature, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all legislative branch at all levels of government | 4 | YES | 4 | 2(ix)(c) the National Assembly and the Senate including their secretariats, committees and members | |
2. Scope |
9 | The right of access applies to the judicial branch, including both administrative and other information, with no bodies excluded. | Score 1 point if the law only applies to administrative documents, 2-3 points if some bodies excluded, 4 points if all judicial branch at all levels of government | 4 | YES | 4 | 2(ix)(e) any court, tribunal, commission or board under the Federal law | |
2. Scope |
10 | The right of access applies to State-owned enterprises (commercial entities that are owned or controlled by the State). | Score 1 point if some, 2 points if all | 2 | YES | 2 | 2(ix)(d) any statutory corporation or other body corporate or institution set up or established or owned or controlled or funded by the Federal Government | |
2. Scope |
11 | The right of access applies to other public authorities, including constitutional, statutory and oversight bodies (such as an election commission or information commission/er). | Score 1 point if some bodies, 2 points if all | 2 | YES | 2 | 2(ix)(b) any Federal and any municipal or local authority set up established by or under any Federal law; (f) any incorporated or unincorporated body of the Federal Government functioning under the control or authority of another public body or wherein one or more public bodies own or have controlling interest or provide substantial funding | |
2. Scope |
12 | The right of access applies to a) private bodies that perform a public function and b) private bodies that receive significant public funding. | 1 point for public functions, 1 point for public funding | 2 | YES | 2 | 2(ix)(d) any statutory corporation or other body corporate or institution set up or established or owned or controlled or funded by the Federal Government; (f) any incorporated or unincorporated body of the Federal Government functioning under the control or authority of another public body or wherein one or more public bodies own or have controlling interest or provide substantial funding; (g) any other organisation which undertakes a public function, to the extent of that function; (h) a non-governmental organisation which directly or indirectly receives or has received public funds, subsidy, tax exemption, piece of land or any other benefit involving public funds and any other non-governmental organisation or body registered under any law for the time being in force | |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | YES | 2 | 11(5) In no case shall an applicant be required to provide reasons for his request. | |
3. Requesting Procedures |
14 | Requesters are only required to provide the details necessary for identifying and delivering the information (i.e. some form of address for delivery). | Score Max 2 points and deduct if requesters are required to give any of the following: ID number, telephone number, residential address, etc. | 2 | YES | 2 | 11(3) Any written request which identifies the information or record sought in sufficient detail to enable the public body to locate it, and which includes a complete address and contact details for delivery of the information or record, shall be treated as a request. | |
3. Requesting Procedures |
15 | There are clear and relatively simple procedures for making requests. Requests may be submitted by any means of communication, with no requirement to use official forms or to state that the information is being requested under the access to information law. | Max 2 points. Considerations include that there is no requirement to state that the request is under the RTI law, nor to use an official form, nor to identify the document being sought. | 2 | YES | 2 | 11(2) A request under sub-section (1) shall be in writing and made in any manner in which the public body has the facilities to receive it, including in person, by mail, fax, online or e-mail; (3) Any written request which identifies the information or record sought in sufficient detail to enable the public body to locate it, and which includes a complete address and contact details for delivery of the information or record, shall be treated as a request; (4) Subject to sub-section (3), a public body may provide a prescribed form for making requests | |
3. Requesting Procedures |
16 | Public officials are required to provide assistance to help requesters formulate their requests, or to contact and assist requesters where requests that have been made are vague, unduly broad or otherwise need clarification. | Score 1 point for help in formulation and 1 point for clarification procedures | 2 | YES | 2 | 10(2) A designated official shall, as may be prescribed, assist applicant who is having problems due to any disability in describing the information sought in sufficient detail to enable the public body to locate that information; 13(2)(b)(i) The designated official shall process the request and by notice in writing inform the applicant that- (b) the request has been rejected- (i) on the basis that it does not comply with the provisions of this Act and the rules made thereunder but only after requisite assistance has been offered to the applicant as mentioned in sub-section (2) of section 10 | Not quite as clear as it could be but seems to cover this |
3. Requesting Procedures |
17 | Public officials are required to provide assistance to requesters who require it because of special needs, for example because they are illiterate or disabled. | Score Yes=2 point, No=0 | 2 | YES | 2 | 10(2) A designated official shall, as may be prescribed, assist applicant who is having problems due to any disability in describing the information sought in sufficient detail to enable the public body to locate that information. | |
3. Requesting Procedures |
18 | Requesters are provided with a receipt or acknowledgement upon lodging a request within a reasonable timeframe, which should not exceed 5 working days. | Score 1 point for receipt, 1 point for max 5 working days | 2 | Partially | 1 | 13(1) The designated official shall provide a written acknowledgement in response to a request. | Requirement to notify but no time limit. |
3. Requesting Procedures |
19 | Clear and appropriate procedures are in place for situations where the authority to which a request is directed does not have the requested information. This includes an obligation to inform the requester that the information is not held and to refer the requester to another institution or to transfer the request where the public authority knows where the information is held. | Score: 1 point for information not held, 1 for referrals or 2 for transfers | 2 | Partially | 1 | 12 Where a public body does not hold information or record, the applicant shall be informed accordingly within ten working days of the receipt of the request. Right of Access to Information Rules, 2019, 6. Transfer of application.— (1) Any officer of a public body other than the designated officer who receives an application for access to information shall transfer the application to the designated officer under intimation to the applicant. (2) The designated officer shall acknowledge receipt of a transferred application immediately after its receipt and process the same under the Act. | In the law, there is only a requirement to notify the requester where information not held but not to transfer. A provision on transferring applications is included in the 2019 Rules, but this seems to be about transfers between officers within an authority. |
3. Requesting Procedures |
20 | Public authorities are required to comply with requesters’ preferences regarding how they access information, subject only to clear and limited overrides (e.g. to protect a record). | Score: 2 points for Yes, only 1 point if some limitations | 2 | NO | 0 | N/A | Not mentioned |
3. Requesting Procedures |
21 | Public authorities are required to respond to requests as soon as possible. | Score: No=0, Yes=2 points | 2 | YES | 2 | 14(1) Subject to the provisions of this Act, a public body shall be required to respond to a request as soon as possible and in any case within ten working days of receipt of the request. | |
3. Requesting Procedures |
22 | There are clear and reasonable maximum timelines (20 working days or less) for responding to requests, regardless of the manner of satisfying the request (including through publication). | Score: 1 point for timeframes of 20 working days (or 1 month, 30 days or 4 weeks). Score 2 points for 10 working days (or 15 days, or two weeks) or less. | 2 | YES | 2 | 14(1) Subject to the provisions of this Act, a public body shall be required to respond to a request as soon as possible and in any case within ten working days of receipt of the request. | |
3. Requesting Procedures |
23 | There are clear limits on timeline extensions (20 working days or less), including a requirement that requesters be notified and provided with the reasons for the extension. | - | 2 | YES | 2 | 14(2) The period stipulated in sub-section (1) may be extended by maximum of further ten working days where it is necessary when the request requires a search through a large number of records or records located in different offices or consultation is required with third parties or other public bodies. | |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | YES | 2 | 15 Prescribed fee may be charged for the cost of reproducing information and sending it to the applicant. | Not exactly stated but seems clear from this provision |
3. Requesting Procedures |
25 | There are clear rules relating to access fees, which are set centrally, rather than being determined by individual public authorities. These include a requirement that fees be limited to the cost of reproducing and sending the information (so that inspection of documents and electronic copies are free) and that a certain initial number of pages (at least 20) are provided for free. | Score 1 point for fees being limited to reproduction and delivery costs and set centrally, 1 point for at least 20 pages free of charge or for fees being optional | 2 | Partially | 1 | 15 Prescribed fee may be charged for the cost of reproducing information and sending it to the applicant.; 27(b) The Information Commission may make regulations, not inconsistent with the provisions of the rules made under section 26, regarding its internal procedures and, without limiting the generality of the foregoing, it may make regulations regarding- (b) fee that may be charged for requests. Right of Access to Information Rules, 20195. Procedure for the disposal of information requests.— (1) The designated officer of a public body shall—(a) not charge any cost for provision of information relating to life and liberty of any person. | Not as clear as it could be but may be implied from power of Commissioner to set fees. No free copies. |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | NO | 0 | N/A | Not mentioned |
3. Requesting Procedures |
27 | There are no limitations on or charges for reuse of information received from public bodies, except where a third party (which is not a public authority) holds a legally-protected copyright over the information. | Score: No=0, Yes=2 points | 2 | NO | 0 | N/A | Not mentioned |
4. Exceptions & Refusal |
28 | The standards in the RTI Law trump restrictions on information disclosure (secrecy provisions) in other legislation to the extent of any conflict. | Score 4 points for a resounding "yes" and 1/2/3 points if only for some classes of information or for some exceptions. If the state secrets law is not trumped by the RTI law max score is 2 points. | 4 | Partially | 3 | 25 The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force. | General rule on overriding but not specifically about secrecy rules |
4. Exceptions & Refusal |
29 | The exceptions to the right of access are consistent with international standards. Permissible exceptions are: national security; international relations; public health and safety; the prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial and other economic interests; management of the economy; fair administration of justice and legal advice privilege; conservation of the environment; and legitimate policy making and other operations of public authorities. | Score 10 points and then deduct 1 point for each exception which either (a) falls outside of this list and/or (b) is more broadly framed | 10 | Partially | 6 | 7 Nothing contained in section 6 shall apply to the following record of all public bodies, namely:- (a)noting on the files, subject to a final decision by the public body; (b) minutes of meetings, subject to a final decision by the public body; (c) any intermediary opinion or recommendation, subject to a final decision by the public body; (d) record of the banking companies and financial institutions relating to the accounts of their customers; (e) record relating to defence forces, defence installations or connected therewith and ancillary to defence and national security excluding all commercial and welfare activities; (f) record declared as classified by the Minister-in-charge of the Federal Government: Provided that the Minister in-charge of the Federal Government shall have to record reasons as to why the harm from disclosure of information outweighs public interest and further that information pertaining to allegation of corruption and violation of human rights shall not be excluded; (g) record relating to the personal privacy of any individual; and (h) record of private documents furnished to a public body either on an express or implied condition that information contained in any such documents shall not be disclosed to a third party. 16 (1) Subject to the provisions of this Act,- (a) a public body shall not be required to disclose exempt information,- (i) provided that where only part of a record or the information falls within the scope of the exceptions provided for in this Act, that part shall be severed and the residual record or information shall be provided to the applicant; and (ii) if its disclosure is likely to cause damage to the interests of the Islamic Republic of Pakistan in the conduct of international relations. Explanation.- In this section, "international relations" means relations between Islamic Republic of Pakistan and- (A) the government of any other foreign State; and (B) organisation of which only States are members. (b) information may be exempt if its disclosure is likely to- (i) result in the commission of an offence; (ii) harm the detection, prevention, investigation or inquiry in a particular case; (iii) reveal the identity of a confidential source of information; (iv) facilitate an escape from legal custody; or (v) harm the security of any property or system, including a building, a vehicle, a computer system or a communication system; (c) information is exempt if its disclosure under this Act would involve invasion of privacy of an identifiable individual, including a deceased individual, other than the applicant. This exception shall not apply where- (i) the third party has consented to the disclosure of the information; (ii) the person making the request is the guardian of the third party or the next of kin or the executor of the will of a deceased third party; or (iii) the third party is or was an official of a public body and the information relates to his functions as a public official; (d) information is exempt if and so long as its disclosure is likely to cause- (i) damage to the economy as a result of premature disclosure of a proposed introduction, abolition or variation of any tax, duty, interest rate, exchange rate or any other instrument of economic management; (ii) damage to the financial interests of the public body by giving an unreasonable advantage to any person in relation to a contract which that person is seeking to enter into with the public body for acquisition or disposal of property or supply of goods or services; or (iii) damage to lawful commercial activities of the public body; (e) information may be exempt if its disclosure is likely to cause serious prejudice to the- (i) defence or security of Pakistan; or (ii) the capability, effectiveness of armed forces of Pakistan or other law enforcement agencies; (f) information may be exempt if its disclosure is likely to endanger life, liberty, health or safety of any individual; (g) information may be exempt if- (i) the information was obtained from a third party and on its communication it would constitute an actionable breach of confidence; or (ii) the information was obtained in confidence from a third party and it contains a trade secret or if communicated it may prejudice the commercial or financial interests of that third party; (h) information may be exempt if it is privileged from production in legal proceedings, unless the person entitled to the privilege has waived it; (i) information may be exempt lf its disclosure is likely to- (i) cause prejudice to the effective formulation or development of government policy; (ii) frustrate the success of a policy, by premature disclosure of that policy; (iii) undermine the deliberative process in a public body by inhibiting the free and frank provision of advice or exchange of views; (iv) undermines the effectiveness of a testing or auditing procedure used by a public body; (v) prejudice the proceedings in a court or a tribunal; and (vi) disclose privileged information shared between counsel and the client; (j) information in respect of a crime may not be exempt, except the information relating; to- (i) the prevention or detection of crime; (ii) the apprehension or prosecution of offenders; (iii) the administration of justice; (iv) the operation of the immigration controls excluding exit control list (ECL); (v) the maintenance of security and good order in prisons or in other institutions where persons are lawfully detained; and (vi) any civil proceedings which are brought by or on behalf of a public body or arise out of an investigation conducted; (k) the exemptions set out in section 16 shall cease to apply after every twenty years and that record of public bodies shall be made public. | Notings on files, minutes of meetings, intermediary opinion (2 points), declared confidential by Minister-in-charge, providing on condition of confidentality |
4. Exceptions & Refusal |
30 | A harm test applies to all exceptions, so that it is only where disclosure poses a risk of actual harm to a protected interest that it may be refused. | Score 4 points and then deduct 1 point for each exception which is not subject to the harm test | 4 | Partially | 1 | 7 Nothing contained in section 6 shall apply to the following record of all public bodies, namely:- (a)noting on the files, subject to a final decision by the public body; (b) minutes of meetings, subject to a final decision by the public body; (c) any intermediary opinion or recommendation, subject to a final decision by the public body; (d) record of the banking companies and financial institutions relating to the accounts of their customers; (e) record relating to defence forces, defence installations or connected therewith and ancillary to defence and national security excluding all commercial and welfare activities; (f) record declared as classified by the Minister-in-charge of the Federal Government: Provided that the Minister in-charge of the Federal Government shall have to record reasons as to why the harm from disclosure of information outweighs public interest and further that information pertaining to allegation of corruption and violation of human rights shall not be excluded; (g) record relating to the personal privacy of any individual; and (h) record of private documents furnished to a public body either on an express or implied condition that information contained in any such documents shall not be disclosed to a third party. 16 (1) Subject to the provisions of this Act,- (a) a public body shall not be required to disclose exempt information,- (i) provided that where only part of a record or the information falls within the scope of the exceptions provided for in this Act, that part shall be severed and the residual record or information shall be provided to the applicant; and (ii) if its disclosure is likely to cause damage to the interests of the Islamic Republic of Pakistan in the conduct of international relations. Explanation.- In this section, "international relations" means relations between Islamic Republic of Pakistan and- (A) the government of any other foreign State; and (B) organisation of which only States are members. (b) information may be exempt if its disclosure is likely to- (i) result in the commission of an offence; (ii) harm the detection, prevention, investigation or inquiry in a particular case; (iii) reveal the identity of a confidential source of information; (iv) facilitate an escape from legal custody; or (v) harm the security of any property or system, including a building, a vehicle, a computer system or a communication system; (c) information is exempt if its disclosure under this Act would involve invasion of privacy of an identifiable individual, including a deceased individual, other than the applicant. This exception shall not apply where- (i) the third party has consented to the disclosure of the information; (ii) the person making the request is the guardian of the third party or the next of kin or the executor of the will of a deceased third party; or (iii) the third party is or was an official of a public body and the information relates to his functions as a public official; (d) information is exempt if and so long as its disclosure is likely to cause- (i) damage to the economy as a result of premature disclosure of a proposed introduction, abolition or variation of any tax, duty, interest rate, exchange rate or any other instrument of economic management; (ii) damage to the financial interests of the public body by giving an unreasonable advantage to any person in relation to a contract which that person is seeking to enter into with the public body for acquisition or disposal of property or supply of goods or services; or (iii) damage to lawful commercial activities of the public body; (e) information may be exempt if its disclosure is likely to cause serious prejudice to the- (i) defence or security of Pakistan; or (ii) the capability, effectiveness of armed forces of Pakistan or other law enforcement agencies; (f) information may be exempt if its disclosure is likely to endanger life, liberty, health or safety of any individual; (g) information may be exempt if- (i) the information was obtained from a third party and on its communication it would constitute an actionable breach of confidence; or (ii) the information was obtained in confidence from a third party and it contains a trade secret or if communicated it may prejudice the commercial or financial interests of that third party; (h) information may be exempt if it is privileged from production in legal proceedings, unless the person entitled to the privilege has waived it; (i) information may be exempt lf its disclosure is likely to- (i) cause prejudice to the effective formulation or development of government policy; (ii) frustrate the success of a policy, by premature disclosure of that policy; (iii) undermine the deliberative process in a public body by inhibiting the free and frank provision of advice or exchange of views; (iv) undermines the effectiveness of a testing or auditing procedure used by a public body; (v) prejudice the proceedings in a court or a tribunal; and (vi) disclose privileged information shared between counsel and the client; (j) information in respect of a crime may not be exempt, except the information relating; to- (i) the prevention or detection of crime; (ii) the apprehension or prosecution of offenders; (iii) the administration of justice; (iv) the operation of the immigration controls excluding exit control list (ECL); (v) the maintenance of security and good order in prisons or in other institutions where persons are lawfully detained; and (vi) any civil proceedings which are brought by or on behalf of a public body or arise out of an investigation conducted; (k) the exemptions set out in section 16 shall cease to apply after every twenty years and that record of public bodies shall be made public. | records of banks relating to customers (does not specify private), relating to defence forces, relating to crime |
4. Exceptions & Refusal |
31 | There is a mandatory public interest override so that information must be disclosed where this is in the overall public interest, even if this may harm a protected interest. There are ‘hard’ overrides (which apply absolutely), for example for information about human rights, corruption or crimes against humanity. | Consider whether the override is subject to overarching limitations, whether it applies to only some exceptions, and whether it is mandatory. | 4 | Partially | 1 | 7(f) record declared as classified by the Minister-in-charge of the Federal Government: Provided that the Minister in-charge of the Federal Government shall have to record reasons as to why the harm from disclosure of information outweighs public interest and further that information pertaining to allegation of corruption and violation of human rights shall not be excluded | Very weak: Minister must provide reasons when declaring confidential as to why harm overrrides public interest |
4. Exceptions & Refusal |
32 | Information must be released as soon as an exception ceases to apply (for example, after a contract tender process decision has been taken). The law contains a clause stating that exceptions to protect public interests do not apply to information which is over 20 years old. | Score 1 point for each | 2 | YES | 2 | 16(1)(k) the exemptions set out in section 16 shall cease to apply after every twenty years and that record of public bodies shall be made public | |
4. Exceptions & Refusal |
33 | Clear and appropriate procedures are in place for consulting with third parties who provided information which is the subject of a request on a confidential basis. Public authorities shall take into account any objections by third parties when considering requests for information, but third parties do not have veto power over the release of information. | Score: 1 point for consultation, 1 further point if original time frames must be respected and the law allows for expedited appeals. | 2 | NO | 0 | N/A | Not mentioned |
4. Exceptions & Refusal |
34 | There is a severability clause so that where only part of a record is covered by an exception the remainder must be disclosed. | Score 1 point if yes but sometimes can be refused (eg: if deletions render meaningless the document) and 2 points if partial access must always be granted | 2 | YES | 2 | 16(1) Subject to the provisions of this Act,- (a) a public body shall not be required to disclose exempt information,- (i) provided that where only part of a record or the information falls within the scope of the exceptions provided for in this Act, that part shall be severed and the residual record or information shall be provided to the applicant | |
4. Exceptions & Refusal |
35 | When refusing to provide access to information, public authorities must a) state the exact legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant appeals procedures. | Score Y/N: 1 point for a and 1 point for b | 2 | YES | 2 | 13(2) The designated official shall process the request and by notice in writing inform the applicant that- (b) the request has been rejected- (iv) in whole or in part, on the basis that the information is exempt subject to section 7 or section 16 , in which case the notice shall specify the exact exception relied upon and specifying details regarding the right of the applicant to appeal against this decision. | |
5. Appeals |
36 | The law offers an internal appeal which is simple, free of charge and completed within clear timelines (20 working days or less). | Score 2 points if the internal appeal fulfills these criteria, 1 point if an appeal is offered that does not fulfill this criteria, 0 for no internal appeals. | 2 | NO | 0 | N/A | Not mentioned |
5. Appeals |
37 | Requesters have the right to lodge an (external) appeal with an independent administrative oversight body (e.g. an information commission or ombudsman). | 1 for partial, 2 for yes | 2 | YES | 2 | 17(1) An applicant who is not satisfied by decision of the designated official or where no decision has been communicated to him within the time fixed for such decision, he may, within a period not exceeding thirty days after either receiving a decision or after the time-limit for such a decision has passed, prefer an appeal to the information Commission; 19(1) The Information Commission shall have the primary responsibility to receive and decide on appeals under section 17. | |
5. Appeals |
38 | The member(s) of the oversight body are appointed in a manner that is protected against political interference and have security of tenure so that they are protected against arbitrary dismissal (procedurally/substantively) once appointed. | Score: 1 point for appointment procedure, 1 point for security of tenure | 2 | Partially | 1 | 18(3) The Information Commission shall comprise three Commissioners to be appointed by the Prime Minister, with the following composition; namely:- (a) one member shall be from amongst the persons qualified to be a Judge of a High Court; (b) one member who has been in the service of Pakistan in BS-22 or equivalent; (c) One member shall be from civil society having a degree based on sixteen years of education from a recognized institution and experience of not less than fifteen years in the field of social sciences; (5) The Information Commission shall be headed by the Chief Information Commissioner, who shall be appointed by the Prime Minister from amongst the Commissioners; (7) The Chief Information Commissioner and the Commissioners shall not hold any other public office or be connected with any political party at the time of or during their appointment in the Information Commission and, once appointed, they shall work on full time basis and may not run any business or pursue any profession during their tenure as the Chief Information Commissioner and Commissioners; (8) The Chief Information Commissioner and Commissioners shall be removed if there are serious complaints of mental and physical incapacity and misconduct against them, which are materially inconsistent with the status of being Chief Information Commissioner or, as the case may be, a Commissioner. The complaint shall be lodged before a five-member Parliamentary Committee comprising two Senators nominated by the Chairman Senate and three Members of National Assembly nominated by the Speaker National Assembly. The Speaker National Assembly shall nominate one of the five members as the Chairperson of the said Parliamentary Committee: Provided that where the National Assembly stands dissolved the Parliamentary Committee shall comprise five Senators and the Chairman Senate shall nominate one of the five Senators as Chairperson of the Parliamentary Committee. | Strong security of tenure but appointed by PM so not protected against interference. |
5. Appeals |
39 | The oversight body reports to and has its budget approved by the parliament, or other effective mechanisms are in place to protect its financial independence. | Score 1 point for reports to parliament, 1 point for budget approved by parliament | 2 | Partially | 1 | 19(2) The Information Commission shall, in addition to its functions under sub-section (1), perform the following functions, namely:- (c) compile a comprehensive bi-annual report both describing its own activities, including an overview of its audited accounts and providing an overview of the activities undertaken by all public bodies to implement this Act. This report shall be laid before the Parliament; 21 The Federal Government shall make annual budgetary allocation to the Information Commission to discharge its functions under this Act. | Reports to parliament but government provides budget |
5. Appeals |
40 | There are prohibitions on individuals with strong political connections from being appointed to this body and requirements of professional expertise. | Score 1 point for not politically connected, 1 point for professional expertise | 2 | Partially | 1 | 18(3) The Information Commission shall comprise three Commissioners to be appointed by the Prime Minister, with the following composition; namely:- (a) one member shall be from amongst the persons qualified to be a Judge of a High Court; (b) one member who has been in the service of Pakistan in BS-22 or equivalent; (c) One member shall be from civil society having a degree based on sixteen years of education from a recognized institution and experience of not less than fifteen years in the field of social sciences; | Strong requirements of expertise through positions and longevity in them but no prohibitions on political connections. |
5. Appeals |
41 | The independent oversight body has the necessary mandate and power to perform its functions, including to review classified documents and inspect the premises of public bodies. | Score 1 point for reviewing classified documents, 1 point for inspection powers | 2 | Partially | 1 | 20(1) The Information Commission shall have all the powers, direct or incidental, as are necessary to perform its functions as provided for in this Act and the power to acquire, hold and dispose of property including the power to- (d) conduct inquires in relation to an appeal and for this purpose shall have the powers of a civil court in respect of the following matters:- (i) summoning and enforcing the attendance of witnesses and compelling them to give oral or written evidence on oath; and (ii) requiring public bodies to produce records as defined in section 6 pertaining to the appeal. | No inspection powers |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | YES | 2 | 20(2) Non-compliance of a decision of the Information Commission under clauses (e) and (f) of sub-section (1) may, if it has not been appealed against within thirty days, be dealt with in the same way as contempt of court. | |
5. Appeals |
43 | In deciding an appeal, the independent oversight body has the power to order appropriate remedies for the requester, including the declassification of information. | 1 for partial, 2 for fully | 2 | YES | 2 | 20(1) The Information Commission shall have all the powers, direct or incidental, as are necessary to perform its functions as provided for in this Act and the power to acquire, hold and dispose of property including the power to- (e) order a public body to disclose information to an applicant or to take such other reasonable measures as it may deem necessary to remedy any failure to implement the provisions of this Act. | |
5. Appeals |
44 | Requesters have the right to lodge a judicial appeal. | 1 for partially, 2 for fully. | 2 | YES | 2 | N/A | Not mentioned but implicit in legal system |
5. Appeals |
45 | Appeals to the oversight body (where applicable, or to the judiciary if no such body exists) are free of charge and do not require legal assistance. | 1 for free, 1 for no lawyer required. | 2 | YES | 2 | 17(2) An appeal under sub-section (1) shall be free of charge. | Does not specify that do not need lawyer but is implicit |
5. Appeals |
46 | The grounds for an external appeal are broad (including not only refusals to provide information but also refusals to provide information in the form requested, administrative silence and other breach of timelines, charging excessive fees, etc.). | Score 1 point for appealing refusals, additional points for appealing other violations. | 4 | YES | 4 | 17(1) An applicant who is not satisfied by decision of the designated official or where no decision has been communicated to him within the time fixed for such decision, he may, within a period not exceeding thirty days after either receiving a decision or after the time-limit for such a decision has passed, prefer an appeal to the information Commission. | |
5. Appeals |
47 | Clear procedures, including timelines, are in place for dealing with external appeals. | Score 1 point for clear procedures, 1 point for timelines. | 2 | YES | 2 | 17(3) The information Commission established under section 18 shall decide an appeal under sub-section (1) within a period of sixty days. Right of Access to Information Rules, 2019, 8. Appeal to the Information Commission.— (1) An appellant may file an appeal to the Information Commission against the decision of the designated officer on the following grounds, namely:- (a) failure by the concerned officer to comply with any provision of the Act including failure to communicate decision within the specified time; (b) provision of incomplete, misleading or false information; or (c) any other matter relating to access to information. (2) The appellant may file an appeal on a plain paper or on a simplified sample format prescribed by the Information Commission and the applicant shall certify that the applicant had not already or concurrently filed any application, complaint or suit before any other forum or court. (3) The Information Commission shall not charge any fee for filing or processing the appeal. (4) The appellant shall not be required to furnish any information or document other than the alleged facts giving rise to such complaint, contact details, any evidence available with the applicant and a certificate under sub-rule (2). (5) After the receipt of an appeal, the Information Commission— (a) shall seek comments from the concerned designated officer or from any other concerned officer by affording reasonable time and opportunity, in case of failure to decide the application within the time or extended time specified in the Act or failure to give cogent reasons for rejection or partly rejection of an application for access to information; and (b) may contact, if deems necessary, the complainant to seek further information or his comments on the response of the designated officer or any other concerned officer. (6) The Information Commission may expedite the process of disposing of complaints through verbal or electronic communication with the complainant and the concerned officer and maintain record of such communication. (7) The Information Commission shall, as soon as possible, establish a state-of-the-art online portal or facility to receive, process, manage and dispose of complaints in a most efficient and cost-effective manner. | 60-day timeline established in the law. The 2019 Rules provide details of the procedures. Further information is also provided in Regulations-PIC/27/c Procedure for Processing Appeals. |
5. Appeals |
48 | In the appeal process, the government bears the burden of demonstrating that it did not operate in breach of the rules. | Score Y/N and award 2 points for yes. | 2 | YES | 2 | 17(4) The public body shall, in an appeal under sub-section (1), bear the burden of proof of showing that it acted in accordance with the provisions of this Act. | |
5. Appeals |
49 | The external appellate body has the power to impose appropriate structural measures on the public authority (e.g. to conduct more training or to engage in better records management) | 1 for partial, 2 for fully. | 2 | NO | 0 | N/A | Not mentioned |
6. Sanctions & Protections |
50 | Sanctions may be imposed on those who wilfully act to undermine the right to information, including through the unauthorised destruction of information. | Score 1 point for sanctions for underming right, 1 point for destruction of documents | 2 | YES | 2 | 20(1) The Information Commission shall have all the powers, direct or incidental, as are necessary to perform its functions as provided for in this Act and the power to acquire, hold and dispose of property including the power to- (f) impose on the official a fine equivalent to his salary for one day, for a maximum of one hundred days, who has acted willfully to obstruct any activity which is required to be undertaken by this Act, including preventing or delaying the disclosure of information to an applicant; (h) the Information Commission after determination of willful destruction of record shall refer such matters to the relevant agencies; 22 ( i) Any person who acts wilfully to obstruct the implementation of this Act including by- (a) obstructing access to any information or record with a view to preventing the exercise of a right provided for in this Act; (b) obstructing the performance by a public body of a duty under this Act; (c) interfering with the work of the Information Commission; or (d) destroying a record without lawful authority, shall be punishable with a fine not exceeding fifty thousand Rupees. (2) In addition to any other action that may be taken under any other law for the time being in force, any person who wilfully destroys a record which at the time it was destroyed was the subject of an application for access to information or appeal or otherwise obstructs access to information which is the subject of an application or appeal, with the intention of preventing its disclosure under this Act, commits an offence punishable with imprisonment for a term which may extend to two years or with fine which shall not be less than one hundred thousand Rupees or with both. | |
6. Sanctions & Protections |
51 | There is a system for redressing the problem of public authorities which systematically fail to disclose information or underperform (either through imposing sanctions on them or requiring remedial actions of them). | Score 1 point for either remedial action or sanctions, 2 points for both | 2 | NO | 0 | N/A | Not mentioned |
6. Sanctions & Protections |
52 | The independent oversight body and its staff are granted legal immunity for acts undertaken in good faith in the exercise or performance of any power, duty or function under the RTI Law. Others are granted similar immunity for the good faith release of information pursuant to the RTI Law. | Score 1 for oversight body, 1 for immunity for others | 2 | YES | 2 | 23 No suit, prosecution or legal proceedings shall lie against the principal officer, designated official or any other person of a public body in respect of anything which in good faith is done or purported to have been done under this Act and the rules made thereunder. | |
6. Sanctions & Protections |
53 | There are legal protections against imposing sanctions on those who, in good faith, release information which discloses wrongdoing (i.e. whistleblowers). | Score 2 for strong protections, 1 for moderate protections | 2 | NO | 0 | N/A | Not mentioned |
7. Promotional Measures |
54 | Public authorities are required to appoint officials (information officers) or units with dedicated responsibilities for ensuring that they comply with their information disclosure obligations. | Score Y/N, Y=2 points | 2 | YES | 2 | 9 Each public body shall, within thirty days of the commencement of this Act, notify one or more designated officials, not below the rank of BPS-I9 or equivalent: Provided that where no designated official has been notified or he is absent or not available, principal officer of the public body shall be the designated official: Provided further that in case of non-governmental organization, it may designate a senior officer as per its organizational structure. 10(1) (1) Subject to the provisions of this Act and the rules made thereunder, the designated official shall be responsible for ensuring that requests are dealt with promoting full compliance by the public body of its obligations under this Act. | |
7. Promotional Measures |
55 | A central body, such as an information commission(er) or government department, is given overall responsibility for promoting the right to information. | Score Y/N, Y=2 points | 2 | YES | 2 | 19 (1) The Information Commission shall have the primary responsibility to receive and decide on appeals under section 17. (2) The Information Commission shall, in addition to its functions under sub-section (1), perform the following functions, namely:- (a) compile a user-friendly handbook in Urdu and English describing in easily comprehensible form the rights established by and how to make a request under this Act; (b) have an accredited accountant to conduct an audit of its accounts on an annual basis; (c) compile a comprehensive bi-annual report both describing its own activities, including an overview of its audited accounts and providing an overview of the activities undertaken by all public bodies to implement this Act. This report shall be laid before the Parliament; (d) ensure that all the information under section 5 is made public; and (e) ensure implementation of this Act and the record to be made public under this Act. | |
7. Promotional Measures |
56 | Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness into schools) are required to be undertaken by law. | Score Y/N, Y=2 points | 2 | YES | 2 | 19(2) The Information Commission shall, in addition to its functions under sub-section (1), perform the following functions, namely:- (a) compile a user-friendly handbook in Urdu and English describing in easily comprehensible form the rights established by and how to make a request under this Act; 20(1) The Information Commission shall have all the powers, direct or incidental, as are necessary to perform its functions as provided for in this Act and the power to acquire, hold and dispose of property including the power to- (c) publicise the requirements of this Act and the rights of individuals thereunder; | |
7. Promotional Measures |
57 | A system is in place whereby minimum standards regarding the management of records are set and applied. | Score Y/N, Y=2 points | 2 | YES | 2 | 4 (1) Subject to the provisions of this Act and rules made thereunder, the principal officer of each public body shall ensure that the record held by that body is properly maintained, so as to enable it to comply with its obligations under this Act. (2) Each public body shall bring its record management practices in line with the Secretariat Instructions, 2004 or any other instructions of the Federal Government; 27(a) The Information Commission may make regulations, not inconsistent with the provisions of the rules made under section 26, regarding its internal procedures and, without limiting the generality of the foregoing, it may make regulations regarding- (a) record management standards; Right of Access to Information Rules, 2019, 7. Maintenance, indexation and computerization of records.— (1) Each public body shall ensure that all information, record and material, irrespective of its forms or characteristics, which it has or is required to have in its custody in any of its administrative units, are efficiently maintained, indexed, catalogued and managed so that it is promptly available, as and when required by the designated officer for the provision of the same to an applicant. (2) The Information Commission may issue deadlines or may set minimum standards about the form in which public bodies are required to carry out computerization, the design of online system or the categories of records which may be computerized or made available online on priority basis. | |
7. Promotional Measures |
58 | Public authorities are required to create and update lists or registers of the documents in their possession, and to make these public. | Score Y/N, Y=2 points | 2 | NO | 0 | N/A | Not mentioned |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | Partially | 1 | 20(1) The Information Commission shall have all the powers, direct or incidental, as are necessary to perform its functions as provided for in this Act and the power to acquire, hold and dispose of property including the power to- (b) co-operate with or undertake training activities for public officials on the right of access to information and the effective implementation of this Act; | Commission can provide training but no obligation on public bodies to train |
7. Promotional Measures |
60 | Public authorities are required to report annually on the actions they have taken to implement their disclosure obligations. This includes statistics on requests received and how they were dealt with. | Score Y/N, Y=2 points | 2 | YES | 2 | Right of Access to Information Rules, 2019, 10. Bi-annual report.— (1) Each public body shall prepare and publish on its website or, in absence of any website, on its notice board, a bi-annual report with a focus on its efforts and performance in terms of implementation of the Act. (2) The bi-annual report of a public body shall, amongst other things, include the following information; (a) status of proactive disclosure; (b) status of record management and the efforts made or underway online; to computerize records or make them available; (c) status of the use of technology or online portals for receiving, processing and providing information under the Act; (d) number of applications received and processed; (e) instances involving departmental action against officers for deviations or poor performance under the Act; (f) efforts made by the public body in terms of creating public awareness, training its officers, improving record management system in the light of the Act; and (g) any other information as may be prescribed by the Commission. (3) The Commission may prescribe a format for the bi-annual report to be prepared and submitted by each public body. | |
7. Promotional Measures |
61 | A central body, such as an information commission(er) or government department, has an obligation to present a consolidated report to the legislature on implementation of the law. | Score Y/N, Y=2 points | 2 | YES | 2 | 19(2) The Information Commission shall, in addition to its functions under sub-section (1), perform the following functions, namely:- (c) compile a comprehensive bi-annual report both describing its own activities, including an overview of its audited accounts and providing an overview of the activities undertaken by all public bodies to implement this Act. This report shall be laid before the Parliament; |
