Khyber Pakhtunkhwa (Pakistan)
Name of law: Right to Information Act 2013
First adopted: 2013
First adopted: 2013
Introduction
Colaborators
| id | Section | Points | Max score |
|---|---|---|---|
| 1 | Right of Access | 6 | 6 |
| 2 | Scope | 26 | 30 |
| 3 | Requesting Procedures | 29 | 30 |
| 4 | Exceptions & Refusal | 30 | 30 |
| 5 | Appeals | 25 | 30 |
| 6 | Sanctions & Protections | 7 | 8 |
| 7 | Promotional Measures | 14 | 16 |
| ∑ = 137 | ∑ = 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 | Article of the Constitution of the Islamic Republic of Pakistan |
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) Every citizen shall subject to the provisions of this Act and any rules made under it, have the right to access any 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 Article 19A of the Constitution of the Islamic Republic of Pakistan provides that every citizen shall have the right to access to information in all matters of public importance, subject to regulation and reasonable restrictions imposed by law; AND WHEREAS transparency of information is vital to the functioning of democracy and also to improve governance, reduce corruption, and to hold Government, autonomous and statutory organizations and other organizations and institutions run on Government or foreign funding, more accountable to its citizens and for matters connected therewith and incidental thereto; AND WHEREAS it is essential that citizens shall have right to information to participate meaningfully in a democratic process and further to improve their involvement and contribution in public affairs; 3(3) This Act shall be interpreted so as (a) to advance the purposes of this Act; and (b) to facilitate and encourage, promptly and at the lowest reasonable cost, the disclosure of information. | |
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(l) “Requester” means any citizen, who has made a request for information under this Act 3(1) Every citizen shall subject to the provisions of this Act and any rules made under it, have the right to access any information or record held by a public body 7(1) Subject to the provisions of this Act, every citizen may lodge a request for information with a public body through the designated officer. | Only citizens |
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 | YES | 4 | 2(e) “Information” means material which communicates meaning and which is held in recorded form. | |
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(k) “Request for information” shall include a request for information and a request for a specific record. | |
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 | Partially | 7 | 2(i) “Public body” means: (i) any department or attached department of the Government; (ii) Secretariats of Chief Minister and Governor of the Khyber Pakhtunkhwa; (iii) Secretariat of the Provincial Assembly, Khyber Pakhtunkhwa along with the Members of the Assembly and the Assembly itself; (iv) any Office, Board, Commission, Council or any other Body established by, or under, any law; (v) subordinate judiciary i.e. Courts of District and Sessions Judges, Courts of Additional District and Sessions Judges, Courts of Senior Civil Judges, Courts of Civil Judges and Courts of Magistrates; (vi) Tribunals; (vii) anybody which is owned, controlled or substantially funded by one of the above, including enterprises owned by the Province; and (viii) any other body which undertakes a public functions. | Secretariat of Governor and Chief Minister but not those individuals |
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(i)(iii) Secretariat of the Provincial Assembly, Khyber Pakhtunkhwa along with the Members of the Assembly and the Assembly itself. | |
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 | Partially | 3 | 2(i) “Public body” means: (v) subordinate judiciary i.e. Courts of District and Sessions Judges, Courts of Additional District and Sessions Judges, Courts of Senior Civil Judges, Courts of Civil Judges and Courts of Magistrates; (vi) Tribunals. | Only subordinate judiciary |
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(i)(vi) “Public body” means Tribunals. | |
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(i)(iv) “Public body” means any Office, Board, Commission, Council or any other Body established by, or under, any law. | |
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(i)“Public body” means (vi) Tribunals, (vii) anybody which is owned, controlled or substantially funded by one of the above, including enterprises owned by the Province. | |
3. Requesting Procedures |
13 | Requesters are not required to provide reasons for their requests. | Y/N answer 0 or 2 points | 2 | YES | 2 | 7(5) In no case shall a requester 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 | 7(3) Any written request for information which identifies the information or record sought in sufficient detail to enable the public body to locate it, and which includes an address for delivery of the information or record, shall be treated as a request for information. | |
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 | 7(2) A request for information shall be made in writing and lodged in any manner in which the public body has the facilities to receive it, including in persons, by mail, by fax or by email; (4) Subject to sub-section (3), a public body may provide an optional form for making requests for information, with a view to assisting requesters to make request. 8(3) Where a requester is unable to provide a written request, a designated officer shall reduce the request into writing, and provide the requester with a signed, date copy of it. | |
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 | 8(1) A designated officer shall take all reasonable steps to assist any requester who needs such assistance. (2) In particular, a designated officer shall assist any requester who is having problems describing the information sought in sufficient detail to enable the public body to locate that information, or who needs held due to disability. (3) Where a requester is unable to provide a written request, a designated officer shall reduce the request into writing, and provide the requester with a signed, date copy of it. | |
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 | 8 (1) A designated officer shall take all reasonable steps to assist any requester who needs such assistance. (2) In particular, a designated officer shall assist any requester who is having problems describing the information sought in sufficient detail to enable the public body to locate that information, or who needs held due to disability. (3) Where a requester is unable to provide a written request, a designated officer shall reduce the request into writing, and provide the requester with a signed, date copy of it. | |
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 | YES | 2 | 7(6) Where a request for information is received by a public body, the requester shall be provided with a receipt acknowledging the request, including the date and name of the official responsible for processing it. | |
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 | YES | 2 | 9(1) Where a public body does not hold information or records which are responsive to a request, and it is aware of another public body which does hold the information, it shall forward the request to that public body, and it shall inform the requester of this. (2) Where a public body does not hold information or records which are responsive to a request, and it is not aware of any other public body which does, it shall return the request to the requester, informing him of this. | |
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 | YES | 2 | 12 Where an applicant has indicated a preferred means for accessing information, such as a physical copy (attested), an electronic copy or an opportunity to inspect certain records, the public body shall provide access in that form unless to do so would unreasonably interfere with its operations or harm the document. | |
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 | 11(1) Subject to the provisions of this Act, a public body shall be required to respond to a request for information in accordance with section 7 as soon as possible and in any case within ten working days of the receipt of 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 | 11(1) Subject to the provisions of this Act, a public body shall be required to respond to a request for information in accordance with section 7 as soon as possible and in any case within ten working days of the receipt of 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 | Partially | 1 | 11(2) The period stipulated in sub-section (1), may be extended by a maximum of a further ten working days where this is necessary because the request requires a search through a large number of records or records located in different offices, or consultation with third parties or other public bodies. | Extension time OK but no requirement to give reasons |
3. Requesting Procedures |
24 | It is free to file requests. | Score: No=0, Yes=2 points | 2 | YES | 2 | 13(1) It shall be free to lodge requests for information. | |
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 | YES | 2 | 13(2) Fees may be charged for the actual costs of reproducing information and sending it to the requester, in accordance with any schedule of fees which may be adopted by the Information Commission; (3) No fee shall be charged for the first twenty pages of information provided, or where the requester is below the poverty line; 25(2)(c) The Information Commission shall, in addition to its complaints function, conduct the following activities: adopt a schedule of the fees that public bodies may charge for providing information to requesters, in accordance with subsection (2) of section 13 of this Act. | |
3. Requesting Procedures |
26 | There are fee waivers for impecunious requesters. | - | 2 | YES | 2 | 13(3) No fee shall be charged for the first twenty pages of information provided, or where the requester is below the poverty line. | |
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 | YES | 2 | N/A | Not specified but benefit of doubt given |
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 | YES | 4 | 3(2) Notwithstanding anything contained in any other law for the time being in force, and subject to the provisions of this Act, no requester shall be denied access to any information or record. 14(a) A public body shall not be required to disclose information which falls within the scope of the exceptions provided for in sections 15 to 21 of this Act, provided that: (a) exceptions in other laws (secrecy provisions) may not extend the scope of the exceptions in this Act, although they may elaborate on an exception that is provided for in this Act; | |
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 | YES | 10 | 15. International relations and security.---A public body may refuse a request for information the disclosure of which would be likely to cause grave and significant harm to international relations or national security. 16. Disclosure harmful to law enforcement.---A public body may refuse a request for information the disclosure of which would be likely to: (a) result in the commission of an offence; (b) harm detection, prevention, investigation, inquiry or prosecution in relation to an offence, or the apprehension of an offender; (c) reveal the identity of a confidential source of information in relation to an investigation; (d) facilitate an escape from legal custody; or (e) harm the security of any property or system, including a building, a vehicle, a computer system or a communication system. 17. Public economic affairs.---A public body may refuse a request for information the disclosure of which would be likely to: (a) cause grave and significant damage to the economy as a result of the premature disclosure of the proposed introduction, abolition or variation of any tax, duty, interest rate, exchange rate or any other instrument of economic management; or (b) cause significant damage to the legitimate financial interests of the public body, including 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 or by revealing information to a competitor of the public body. 18. Policy making.---A public body may refuse a request for information the disclosure of which would be likely to cause serious prejudice to the deliberative process in a public body by inhibiting the free and frank provision of advice or exchange of views, or cause serious prejudice to the success of a policy through premature disclosure of that policy. 19. Privacy.---(1) A public body may refuse a request for information the disclosure of which would encroach on the privacy of an identifiable third party individual, other than the requester, including an individual who has been deceased for less than twenty years. (2) The exception in sub-section (1) shall not apply where: (a) the third party has effectively consented to the disclosure of the information; (b) 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 (c) the third party is or was an official of a public body and the information relates to his function as a public official. 20. Legal privilege.---A public body may refuse a request for information which is privileged from production in legal proceedings, unless the person entitled to the privilege has waived it. 21. Commercial and confidential information.---A public body may refuse a request for information if the information: (a) was obtained from a third party and to communicate it would constitute an actionable breach of confidence; and (b) was obtained in confidence from a third party and it contains a trade secret or to communicate it would be likely to seriously prejudice the commercial or financial interests of that third party. | |
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 | YES | 4 | 15. International relations and security.---A public body may refuse a request for information the disclosure of which would be likely to cause grave and significant harm to international relations or national security. | 16. Disclosure harmful to law enforcement.---A public body may refuse a request for information the disclosure of which would be likely to: (a) result in the commission of an offence; (b) harm detection, prevention, investigation, inquiry or prosecution in relation to an offence, or the apprehension of an offender; (c) reveal the identity of a confidential source of information in relation to an investigation; (d) facilitate an escape from legal custody; or (e) harm the security of any property or system, including a building, a vehicle, a computer system or a communication system. 17. Public economic affairs.---A public body may refuse a request for information the disclosure of which would be likely to: (a) cause grave and significant damage to the economy as a result of the premature disclosure of the proposed introduction, abolition or variation of any tax, duty, interest rate, exchange rate or any other instrument of economic management; or (b) cause significant damage to the legitimate financial interests of the public body, including 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 or by revealing information to a competitor of the public body. 18. Policy making.---A public body may refuse a request for information the disclosure of which would be likely to cause serious prejudice to the deliberative process in a public body by inhibiting the free and frank provision of advice or exchange of views, or cause serious prejudice to the success of a policy through premature disclosure of that policy. 19. Privacy.---(1) A public body may refuse a request for information the disclosure of which would encroach on the privacy of an identifiable third party individual, other than the requester, including an individual who has been deceased for less than twenty years. (2) The exception in sub-section (1) shall not apply where: (a) the third party has effectively consented to the disclosure of the information; (b) 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 (c) the third party is or was an official of a public body and the information relates to his function as a public official. 20. Legal privilege.---A public body may refuse a request for information which is privileged from production in legal proceedings, unless the person entitled to the privilege has waived it. 21. Commercial and confidential information.---A public body may refuse a request for information if the information: (a) was obtained from a third party and to communicate it would constitute an actionable breach of confidence; and (b) was obtained in confidence from a third party and it contains a trade secret or to communicate it would be likely to seriously prejudice the commercial or financial interests of that third party. | |
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 | YES | 4 | 10 A 4 [Public Information Officer] shall provide a written notice in response to a request for information. The notice shall indicate that (d) the request has been rejected on the basis that it is vexatious, including because it relates to information which is substantially the same as information that has already been provided to the same requester; or, (e) the request has been rejected, in whole or in part, on the basis that the information is exempt, in which case the notice shall specify the exact exception relied upon and include details regarding the right of the requester to appeal against this decision. | |
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 | 14 A public body shall not be required to disclose information which falls within the scope of the exceptions provided for in sections 15 to 21 of this Act, provided that: (b) the fact that information has been classified is irrelevant to the question of whether or not it falls within the scope of the exceptions provided for in this Act, which must always be accessed directly, at the time of a request, based on clear and objective considerations; (f) the exceptions set out in sections 15 to 18 of this Act, shall cease to apply after a period of twenty years, provided that this may be extended, in exceptional cases, for up to a maximum of another fifteen years, with the approval of the Information Commission. | |
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 | YES | 2 | 22 Third parties.---(1) Where a request for information relates to information or a record provided on a confidential basis by a third party, the public body shall endeavour to contact that third party with a view to obtaining either his consent to disclosure of the information or record or his objections to disclosure. (2) Where a third party objects to disclosure, his objections shall be taken into account, but the decision as to whether or not the information falls within the scope of the exceptions in this Act shall be assessed by the public body on the basis of objective considerations. | |
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 | 14(c) A public body shall not be required to disclose information which falls within the scope of the exceptions provided for in sections 15 to 21 of this Act, 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 rest of the record or information shall be provided to the requester. | |
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 | 10(2)(e) A Public Information Officer shall provide a written notice in response to a request for information. The notice shall indicate that: the request has been rejected, in whole or in part, on the basis that the information is exempt, in which case the notice shall specify the exact exception relied upon and include details regarding the right of the requester 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 | 23(1) Anyone who believes that his request has not been dealt with in accordance with the provisions of this Act has the right to lodge a complaint with the Information Commission to this effect. | |
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 | YES | 2 | 24 Information Commission.---(1) On the commencement of this Act, Government shall within a period of one hundred and twenty (120) days, establish a Information Commission to be known as the Khyber Pakhtunkhwa Information Commission. (2) The Information Commission shall be an independent statutory body, which shall enjoy operational and administrative autonomy from any other person or entity, including the Government and any of its agencies, except as specifically provided for by law. (3) The Information Commission shall be headed by the Chief Information Commissioner, who shall be a retired Senior Government Servant not below the rank of BPS-20 and shall be appointed by Government. (4) The Information Commission shall comprise of 1 [two] other Members to be known as Commissioners, who shall be appointed in the following manner: (a) one Advocate of High Court or Supreme Court, who is qualified to be a Judge of High Court; and (b) A person from civil society having experience of not less than fifteen years in the field of mass communication, academic or right to information. (5) The Chief Information Commissioner and the Commissioners shall hold office for a term of three years from the date on which they assume office and shall not be eligible for re-appointment. (6) Notwithstanding anything contained in sub-section (5), the Chief Information Commissioner and Commissioners shall not hold office after they have attained the age of sixty-five (65) years. (7) A Commissioner may not hold any other public office, or be connected with any political party or be running any business or pursuing any profession at the time of or during their appointment to the Information Commission. A Commissioner may be removed by a positive vote of not less than two of the other Commissioners on grounds of failure to attend three consecutive meetings of the Information Commission without cause, inability to perform the duties of a Commissioner, falling foul of the conditions for being a Commissioner as set out in sub-section (6), or conduct which is materially inconsistent with the status of being a Commissioner, provided that a Commissioner who has been removed pursuant to this sub-section shall have the right to appeal that removal before the courts. | |
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 | 27 Funding for the Information Commission.---(1) Government shall make such a budgetary allocation to the Information Commission as it may require to discharge its responsibilities effectively, including by establishing a secretariat and hiring the requisite staff to enable it to conduct its business properly, and shall provide the funds indicated through a reasonable schedule of payments throughout the year. (2) For purposes of implementing sub-section (1), the Information Commission shall present a budget proposal to Government. (3) The Chief Information Commissioner and Commissioners shall be entitled to such remuneration and allowances as the Government may determine. | |
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 | 24(7) Information Commission.---On the commencement of this Act, Government shall within a period of one hundred and twenty (120) days, establish a Information Commission to be known as the Khyber Pakhtunkhwa Information Commission. A Commissioner may not hold any other public office, or be connected with any political party or be running any business or pursuing any profession at the time of or during their appointment to the Information Commission. | But chief commissioner is a retired civil servant |
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 | YES | 2 | 26 Powers of the Information Commission.---(1) The Information Commission shall have all powers, direct or incidental, as are necessary to undertake its functions as provided for in this Act, including full legal personality, and the power to acquire, hold and dispose of property. (2) The Information Commission shall also have the power to conduct inquiries, in relation to either a complaint or other matters connected with the proper implementation of this Act, and when conducting such an inquiry, the Information Commission shall have the powers of a Civil Court under Code of Civil Procedure (CPC) 1908 in respect of the following matters: (a) summoning and enforcing the attendance of witnesses and compelling them to give oral or written evidence under oath; (b) requiring public bodies and to produce documents or things; (c) inspect the premises of public bodies; and (d) examining and inspecting information. (3) When deciding a complaint, the Information Commission shall have the following powers: (a) to order a public body to disclose information to a requester or to take such other reasonable measures as it may deem necessary to compensate a requesters for any failure to respect the provisions of this Act; (b) to impose a daily fine of up to Rs. 250 per day, up to a maximum of Rs. 25,000, on any official who has acted wilfully to obstruct any activity which is required to be undertaken by this Act, including with a view to preventing or delaying the disclosure of information to a requester; and (c) to require a public body to take such general measures as may be required to address systematic failures to respect the provisions of this Act, including by appointing a 1 [Public Information Officer], by conducting training for its employees, by improving its record management, by publishing information on a proactive basis and/or by preparing and publishing an annual report. (4) A decision of the Information Commission under sub-section (3) shall, if it has not been appealed against within 30 days, be registered with the Court of the District and Sessions Judge of the concerned district and any failure to respect the decision shall be dealt with in the same way as any contempt of court. | |
5. Appeals |
42 | The decisions of the independent oversight body are binding. | Score N=0, Y=2 points | 2 | YES | 2 | 26(4) A decision of the Information Commission under sub-section (3) shall, if it has not been appealed against within 30 days, be registered with the Court of the District and Sessions Judge of the concerned district and any failure to respect the decision shall be dealt with in the same way as any 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 | 26(3)(a) The Information Commission shall have all powers, direct or incidental, as are necessary to undertake its functions as provided for in this Act, including full legal personality, and the power to acquire, hold and dispose of property. When deciding a complaint, the Information Commission shall have the following powers: to order a public body to disclose information to a requester or to take such other reasonable measures as it may deem necessary to compensate a requesters for any failure to respect 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 | 23(2) Complaints under sub-section (1) shall be free of charge. | Inherent in system that do not require legal assistance. |
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 | 2(a) “complaint” means any allegation in writing made by or on behalf of a requester that his request for information has not been dealt with by a public body in accordance with the rules and procedures set out in this Act, including where he has been wrongfully denied access to all or part of that record; 23(1) Anyone who believes that his request has not been dealt with in accordance with the provisions of this Act has the right to lodge a complaint with the Information Commission to this effect. | |
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 | Partially | 1 | 23(3) The Information Commission shall decide any complaint within a period of sixty (60) days. | Timelines, but no procedures specified |
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 | 23(4) In an appeal, the public body shall 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 | YES | 2 | 26(3)(c) When deciding a complaint, the Information Commission shall have the following powers: to require a public body to take such general measures as may be required to address systematic failures to respect the provisions of this Act, including by appointing a 1 [Public Information Officer], by conducting training for its employees, by improving its record management, by publishing information on a proactive basis and/or by preparing and publishing an annual report. | |
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 | 26(3)(b) When deciding a complaint, the Information Commission shall have the following powers: to impose a daily fine of up to Rs. 250 per day, up to a maximum of Rs. 25,000, on any official who has acted wilfully to obstruct any activity which is required to be undertaken by this Act, including with a view to preventing or delaying the disclosure of information to a requester. 28 Offence.---(1) It is a criminal offence willfully to: (a) obstruct access to any record with a view to preventing the exercise of a right provided for in this Act; (b) obstruct the performance by a public body of a duty under this Act; (c) interfere with the work of the Information Commission; or (d) destroy a record without lawful authority. (e) use the information obtained for malafide purposes with ulterior motives with facile, frivolous design. (2) Anyone who commits an offence under sub-section (1), shall be liable to a fine not exceeding rupees five thousand (5000) or imprisonment for a period not exceeding two years. (3) All the offences mentioned in sub-section (1), shall be bailable, noncognizable and triable by the District and Sessions Judge of the concerned district, on the complaint file by the Information Commission. | |
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 | Partially | 1 | 26(3)(c) When deciding a complaint, the Information Commission shall have the following powers: to require a public body to take such general measures as may be required to address systematic failures to respect the provisions of this Act, including by appointing a Public Information Officer, by conducting training for its employees, by improving its record management, by publishing information on a proactive basis and/or by preparing and publishing an annual report. | Some overlap with 49 but warrants one point |
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 | 29 Indemnity.---No one may be subject to any legal, administrative or Employment-related sanction for anything which is done in good faith or intended to be done in pursuance of this Act or any rules made there under. | |
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 | YES | 2 | 30 Whistleblowers.---(1) No one may be subject to any legal, administrative or employment-related sanction, regardless of any breach of a legal or employment obligation, for releasing information on wrongdoing, or which would disclose a serious threat to health, safety or the environment, as long as they acted in good faith and in the reasonable belief that the information was substantially true and disclosed evidence of wrongdoing or a serious threat to health, safety or the environment. (2) For purposes of sub-section (1), wrongdoing includes the commission of a criminal offence, failure to comply with a legal obligation, a miscarriage of justice, corruption or dishonesty, or serious maladministration regarding a public body. | |
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 | 6 Designation of official.---(1) On commencement of this Act, a public body shall within a period of one hundred and twenty (120) days, designate and notify an officer to act as Public Information Officer for the purposes of this Act, with whom request for information under this Act may be lodged. (2) In case no such official has been designated or in the event of the absence or non availability of the Public Information Officer, the person in charge of the public body shall be the Public Information Officer. (3) The Public Information Officer shall be responsible for ensuring that requests for information are dealt with in accordance with this Act and generally for promoting full compliance by the public body with 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 | 25 Functions of the Information Commission.---(1) The Information Commission shall have a primary responsibility to receive and decide on complaints. (2) The Information Commission shall, in addition to its complaints function, conduct the following activities: (a) set rules and minimum standards regarding the manner in which public bodies are required to manage their records, in accordance with section 4 of this Act; (b) designate further categories of information which may be subject to proactive disclosure, in accordance with sub-section (l) of section 5 of this Act; (c) adopt a schedule of the fees that public bodies may charge for providing information to requesters, in accordance with subsection (2) of section 13 of this Act; (d) approve or reject extensions to the maximum period that information may be kept confidential, in accordance with clause (f) of section 14 of this Act; (e) compile a user-friendly handbook, in Urdu and English, describing in easily comprehensible form the rights established by, and how to make a request for information under, this Act; (f) refer to the appropriate authorities cases which reasonably disclose evidence of criminal offences under this Act; (g) compile a comprehensive 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, taking into account the information provided by individual public bodies pursuant to sub-section (2) of section 5 of this Act; and (h) have an accredited accountant conduct an audit of its accounts on an annual basis, and provide a copy of its audited accounts to the Provincial Assembly and the Department of Finance. (3) The Information Commission shall have the power to: (a) monitor and report on the compliance by public bodies with their obligations under this Act; (b) make recommendations to Government for reform both of a general nature and in relation to specific public bodies; (c) make formal comments on any legislative or other legal proposals which affect the right to information; (d) co-operate with or undertake training activities for public officials on the right to information and the effective implementation of this Act; and (e) publicize the requirements of this Act and the rights of individuals under it. (4) While deciding a complaint, the Information Commission shall consist of at least two members or one member and the Chief Information Commissioner and the decision of the Commission shall not be invalid on the ground of existence of any vacancy. | |
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 | 25(2)(e) The Information Commission shall, in addition to its complaints function, conduct the following activities: compile a user-friendly handbook, in Urdu and English, describing in easily comprehensible form the rights established by, and how to make a request for information under, this Act. 25(3)(e) The Information Commission shall have the power to publicize the requirements of this Act and the rights of individuals under it. | |
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 Maintenance and indexing of records.---Subject to the provisions of this Act and in accordance with the rules as may be prescribed, each public body shall ensure that all of the records which it holds are properly maintained, including so as to enable it to comply with its obligations under this Act, and in accordance with any relevant rules or standards established by the Information Commission. 25(2)(a) The Information Commission shall, in addition to its complaints function, conduct the following activities: set rules and minimum standards regarding the manner in which public bodies are required to manage their records, in accordance with section 4 of this Act. | |
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 | Partially | 1 | 5(1)(j) Publication and availability of records.---(1) The following categories of information shall be duly published by public bodies in an up-to-date fashion and in a manner which best ensures that they are accessible to those for whom they may be relevant, including over the Internet, subject to reasonable restrictions based on limited resources: particulars of the recipients of concessions, permits, licences or authorizations granted by the public body. | Only categories of information |
7. Promotional Measures |
59 | Training programs for officials are required to be put in place. | Score Y/N, Y=2 points | 2 | Partially | 1 | 25(3)(d) The Information Commission shall have the power to co-operate with or undertake training activities for public officials on the right to information and the effective implementation of this Act. | Commission has a role but training not mandatory |
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 | 5(2) Public body shall also publish an annual report on what they have done to implement their obligations under this Act, which shall include detailed information about the requests for information which they have received, and how they have processed these requests. | |
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 | 25(2)(g) The Information Commission shall, in addition to its complaints function, conduct the following activities: compile a comprehensive 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, taking into account the information provided by individual public bodies pursuant to sub-section (2) of section 5 of this Act. |
