Access to Information Bill 2013: Record of govt bodies classified in draft bill

Scope of public record expanded, defence not given blanket immunity.

ISLAMABAD:

The information of certain ministries and government departments, including some financial institutions, would still remain classified even after the proposed Access to Information Bill 2013 becomes law. The bill will be tabled in the Senate’s next session.

According to the draft of the bill made available to The Express Tribune, the information of certain organisations would still be classified. Even though the scope of public record has been expanded in the new draft, many conditions to exemption have also been added that can be exploited as loopholes.

Record of banks and financial concerns, transactions of customers, data of defence deployment and installations will not be available to the public. Meeting records of the Cabinet, the Council of Common Interests, the National Economic Council and their committees that have a bearing on national security plus information declared classified by the federal government would also be exempted.

Private information of any individual and private documents submitted to a public body on condition that the information would not be disclosed will not be available.

The Senate Standing Committee on Information and Broadcasting had constituted a three-member sub-committee, led by Senator Farhatullah Babar to make recommendations.

The defence ministry, which normally objects to freedom of information in the name of national security, was asked to give input.

According to Senator Babar, the defence ministry did not respond nor give suggestions. Hwever, it advised on June 13: “Since the matter is of national importance …the subject act may be kept pending till a no-objection certificate (NoC) from the Ministry of Defence is issued,” said Babar.

New and improved?

There is no blanket immunity to the Ministry of Defence and defence services, as it was earlier. The exemption is now limited to defence planning, deployment of forces, defence installations and matters that can legitimately affect national security.

If a public body seeks exemptions it will have to submit an explanation. Organisations other than those exempted, will not use the pretext of national security to deny information.

The proposed law covers not only federal government bodies but also non-governmental organisations (NGOs). This is a major step towards broadening its scope, said Syed Zafar Ali Shah, a member of the sub-committee. There is a two-tier provision of appeal available with the ombudsman if a petitioner is not satisfied with the decision regarding the access or denial of information.

Voluntary disclosure

The draft law requires public bodies to voluntarily publish or place information on the internet. Information required to be disclosed includes office orders. notifications, perks and privileges, acts, rules, regulations, by-laws, names, designations and functions of all employees, consultants and advisors.

No access: damages and security

Subject to provisions of this draft bill, a public body will not disclose information if it can cause significant damage to interests of Pakistan in the conduct of international relations. Secondly, information that can harm law enforcement may be exempted from disclosure.

If the information encourages a crime or harms detection, prevention, investigation or inquiry of  a particular case, the public cannot get access to it under the law.

Records that may reveal the identity of a confidential source of information, facilitate an escape from legal custody, or harm security of any property or system are also exempted from disclosure.

Exempted under FOI Act 2013

Records of banking companies and financial institutions, including the transactions of their customers

Data of defence deployment as well as installations connected or ancillary to national security

Meeting records of the Cabinet, Council of Common Interests and National Economic Council and their committees that have a bearing on national security

Information declared classified by the government

Private information of any individual

Private documents submitted to a public body on an explicit or implied condition that the information would not be disclosed

Draft access to information bill 2013

Published in The Express Tribune, September 3^rd, 2013.