Freedom of Access to Information and

PrivacyBy

Shakil Khan MS-LIS

SUIT Peshawar

Presentation outlines Definition of Terms (Freedom, Access, Information and Privacy) Freedom of Access to Information Historical Background of FOAI (world & Pakistan) Law regarding FOAI in Pakistan Benefits of FOAI Limitation of FOAI How to make an FOAI Request in Pakistan Libraries as keystone institutions for information access Privacy and its types Historical Background of Privacy Laws regarding Privacy in Pakistan Conclusion References

Definition of Terms Freedom: The condition of being free or

unrestricted Access: Authority or permission to consult

Records or to obtain Information Information: Data that is (1) accurate and

timely, (2)specific and Organized for a purpose, (3)Presented within a context that gives it meaning and relevance, and (4) can lead to an increase in understanding and decrease in uncertainty.

Privacy: The freedom from unauthorized and unreasonable intrusion into the individuals' personal affairs

Freedom of Access to Information

United Nation General Assembly 1946 in its first session adopted Resolution 59(1), which stated that “Freedom of Information is a fundamental Human Right and the touchstone for all freedoms to which the United Nation is consecrated”Human Right:

cont…

(Article 19 of the Universal Declaration of Human Rights1948)

“Everyone has the right to freedom of opinion and expression: this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers”

Article 19, Constitution of Pakistan

“Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, commission or incitement to an offence”

Cont… According to the 18th Amendment Bill

2010, after Article 19, the following new article inserted, namely: “19A. Right to information, “Every citizen shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restriction imposed by the law.”

The Right to Information Article is a means to create a statute to formalize the implementation of the Freedom of Information Legislation

HISTORICAL BACKGROUND

WORLD FIRST FOAI ACTThe world’s first Freedom of Information Act (Freedom of writing and of the Press) enacted in 1766 in Sweden. Anders Chydenius from Kokkola (Finland) played a major role in this Act. After this act many countries enacted the FOAI like

Freedom of Information Act USA in 1966 Freedom of Information Act 2000 Freedom of Information (Scotland) Act 2002 Details list of all countries can be found on

In the memory of this great man, Walter Runeberg made Anders Chydenius Statue in Chydenius Park Kokkola in 1903.

Anders Chydenius Anders Chydenius Statue in Chydenius Park

FOAI in PakistanThe following attempts has been made to enact FOAI in Pakistan.

1990, by Professor Khurshid Ahmad, Senator and Naib Ameer of Jamaat-i-Islami who tabled a Bill on FOI in the Senate as a private Bill but the bill was refused to accept and failed to be enacted.

Cont… In 1994, by Public Accounts Committee (PAC)

headed by Senator Malik Qasim, made the second attempt, but this was also refused to be accepted, the main reason was the bureaucracy.

In 1997, Fukharuddin G. Ibrahim, the Federal Minister of Law in the Interim Government headed by Malik Miraj Khalid, the President of Pakistan promulgated a Freedom of Information Ordinance on January 29, 1997. Mian Nawaz Sharif allowed this Ordinance to lapse and did not enact it into law

Cont… In 2000, The government of General

Pervez Musharraf made public a draft FOI Bill with the aim of soliciting (asking

for) public view. In 2001, CRCP, a national non-profit

organization, proposed a Model for Freedom of Information Act to the Government and launched a Campaign on Freedom of Information (FOI-Pakistan).

Cont… And in 2002, The President of Pakistan, Gen.

Pervez Musharraf, promulgated the Freedom of Information Ordinance.

The Freedom of information Rules 2004. Balochistan FOI Act 2005. Sindh FOI Act 2006. Punjab Right to Information Ordinance 2013 KPK Right to Information Ordinance 2013.Note: 2002 FOAI Act does not apply to public

bodies of the provincial or local governments.

Motto of FOAI Pakistan = Transparent Pakistan = Corruption Free Pakistan

Chairperson of FOIA Network of Pakistan

Dr. Muhammad Ali SheikhPost Doctoral Research in Right to informationFaculty fellow at American University W.D.CPhD in Mass CommunicationUniversity of Karachi

http://www.foiapakistan.com/index.html

FOIA Network of Pakistan

Benefits of FOAI Accountability Transparency Good Governance Rule of Law Equity Effectiveness Participation of Public in Decision

Making etc

Limitation of FOAI in Pakistan

FOAI Act does not implement on Private Bodies in Pakistan

Record relating to defence Forces, National Security,

Record relating to the personal Privacy of individual Bank transactions etc

Information or documents shall not be disclose to third person.

How to make a request for FOAI Under the FOAI law Pakistani citizen can get

information or record of Federal, Provincial and District administration.First confirm that the required information is not available in the public domain through websites, official gazette or in form of published reports etc, then …Download Request Form from the sitehttp://www.foiapakistan.com/index.html

Fill the form Deposit the prescribed fee of Rs. 50/- (for ten or

less than ten pages), five rupees extra per page if more than ten pages.

Cont…o Place the duly filled and signed prescribed form

along with application/ letter and fee deposit slip in an envelope addressed to the official designated by the concerned public body (or head of the organization). On top of the envelope write clearly "Access to Information Request".

o if the application is complete in all respects, the department is under obligation to provide you the attested photocopies of the documents/ records required by a person or to convey the rejection of the request, mentioning reasons for that act, within maximum time of 21days.

Cont… In case the agency/ designated officials do not

respond within stipulated period of time (21 days), you may file a complaint with the head of the organization. In accordance with the rues, the head of a public body has to dispose of the complaint within thirty days.

If the information has not been provided within the prescribed time, or failed to communicate with the person, the person may write toWafaqi Mohtasib Ombudsman's Secretariat, Zero PointIslamabad, Pakistan.Tel: 051-9201665-9; Fax No. 051-9210487, Email: mohtasib@paknet2.ptc.pk

Libraries as keystone institutions for information access

Libraries serve as places where public and governmental information may be archived and organized; Library help in promoting literacy by giving people access to books and encourage a literate culture; and promote digital literacy by providing access to computers and other information technologies.

Privacy Alan Westin defines privacy as "the claim(state) of

individuals, groups, or institutions to determine for themselves when, how, and to what extent information about them is communicated to others“

The right to privacy is defined as "the freedom from unauthorized and unreasonable intrusion (interruption) into the individuals' personal affairs“

According to the Universal Declaration on Human Rights Article 3, everyone has the right to life, liberty and security of person

Privacy and Pakistan Privacy has been defined as a fundamental right in article 14 of

our (Pakistan) Constitution, which says that; “The dignity of man and, subject to the law, the privacy of home, shall be inviolable".

Pakistan Penal Code in Section 509 as Whoever intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman

conducts sexual advances or demands sexual favors or uses written or verbal communications or physical conduct of a sexual nature which intends to annoy, insult, intimidate or threaten the other person or commits such acts at the premises of workplace or makes submission to such conduct either explicitly or implicitly, shall be punished with simple custody for a term which may extend to one year, or with fine, or with both.

States & types of Privacy

Alan Westin describes four states of privacy: Solitude: the state or situation of being alone Intimacy: close familiarity or friendship Anonymity: The condition of being anonymous Reserve: the practice of keeping one's thoughts, feelings,

etc. to oneself

Types of PrivacyPersonal PrivacyInformational Privacy (Financial privacy, Internet privacy,

Medical privacy , Political Privacy)Organizational PrivacySpiritual and intellectual Privacy

History of Privacy

Discussion on privacy issues is as old as mankind. Starting with the protection of one’s body and home. The Quran speaks clearly about privacy rights with particular reference i.e.(An-Noor, 24:27-28)Believers do not enter other people’s houses until you have asked their owners’ permission and greeted them. That will be the better for you, so that you may be heedful. Translated by Wahiduddin khanThe practice of the Prophet, peace and blessings be upon him, was that whenever he went to see somebody, he would stand aside, to the right or the left of the door, and seek permission as it was not then usual to hang curtains on the doors” (Abu Da'ud Book 8, Number 5167).

In 1891, the American lawyers Samuel Warren and Louis Brandeis described the right to privacy in a famous article: it is the right to be let alone for the first time.

PAKISTANI LAW ABOUT PRIVACY

Internet privacy: National IT policy and Action Plan (2000): Article 3.4.12.2 under the "IT Policy strategies" section is linked with privacy rights and provides recommendations to the IT sector to safeguard the privacy of individuals .

Electronic Transaction Ordinance, 2002 privacy rights of individuals on the internet, Article 36 guards the information of every person/ information

system by placing a punishment of a maximum of seven years in prison, or a fine of one million rupees, or both.

The Electronic Transaction (Re-organization) Act, 1996, The Wireless Telegraph Act, 1933, The Telegraph Act, 1885, Electronic Transaction Ordinance 2002, The Payment Systems and Electronic Fund Transfers Act, 2007, Prevention of Electronic Crimes Ordinance, Pakistan 2007, Prevention of Electronic Crimes Ordinance, Pakistan 2008

a Draft Prevention of E-Crimes Bill 2013 is under process

Cont… Medical privacy: Pakistan Medical & Dental Council Code of Ethics

The records held by medical authorities are the private property of the patient. The patient-physician relationship is therefore considered a vital bond of confidentiality to safeguard the patient against many unwanted outcomes that can have an adverse effect on her/his reputation, personal relationshipsArticle 12 of the Act deals extensively with confidentiality of information and starts with extending the means by which information can be received by the physician. It regulates the practitioner from seeking information received in a confidential context (12.1), does not place any legal obligation on the doctor to provide information to any person or organization on any medical case (12.2), prevents the government from taking the professional medical record of patients without their prior consent (12.3), but it allows the presiding judge to obtain any information from the physician, compliance with which is obligatory, and refusal to do so is considered contempt of court.

Cont… Financial privacy :Banking Companies Rules

1963: 

This Ordinance also provides safeguards for financial information, which is one of the most critical aspects of a person's privacy. There are only two situations in which the SBP is allowed to disclose information: when it is in public interest to do so or when elections are being held involving persons from whom payments of loans, advances, and credits have been due for more than a year. The second situation requires that the person be given prior notice and the opportunity of a hearing.

Conclusion

Freedom of access to information and Privacy both terms seem to be parallel in their status and in opposite in nature. One allow a person to get the information and the other term stop a person to interrupt in one’ personal Life.

Law exist for both FOAI and Privacy in Pakistan. The only thing required is the implementation of FOAI ACT and Acts regarding Privacy.

References Mustonen, Juha, (2006). The world first Freedom of

Information Act. Kokkola, Anders Chydenius Foundation’s Publication 2.

Eness M. Miyanda Chitumbo & Fabian Kakana (2009). Promoting Good Governance through Freedom of access to information and censorship to information. Zambia.

Center for peace and development initiative of Pakistan, (2008). State of transparency and freedom of information in Pakistan. Asia Foundation.

Brigadier (R) Ahmed Salim, Freedom of Information.Websites:http://www.foiapakistan.com/index.htmlhttp://en.wikipedia.org/wiki/Privacyhttp://www.businessdictonary.com/definition.htmlhttp://www.pakistani.org/pakistan/constitution/part2.ch1.html

Thank you

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