The document discusses freedom of access to information and privacy in Pakistan, outlining key definitions, the historical background and laws around FOAI and privacy both internationally and in Pakistan. It also examines benefits and limitations of FOAI, how to make FOAI requests, and the role of libraries in promoting access to information while maintaining privacy.

2.  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

3.  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

4.  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:

5. (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”

6. “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”

7.  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

8. WORLD FIRST FOAI ACT
The 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

9. Anders Chydenius
Anders Chydenius Statue in Chydenius Park

10. The 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.

11.  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

12.  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).

13.  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.

14.  Motto of FOAI Pakistan = Transparent
Pakistan = Corruption Free Pakistan
 Chairperson of FOIA Network of Pakistan
Dr. Muhammad Ali Sheikh
Post Doctoral Research in Right to information
Faculty fellow at American University W.D.C
PhD in Mass Communication
University of Karachi
http://www.foiapakistan.com/index.html

15.  Accountability
 Transparency
 Good Governance
 Rule of Law
 Equity
 Effectiveness
 Participation of Public in Decision
Making etc

16.  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.

17.  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 site
http://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.

18. 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.

19.  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 to
Wafaqi Mohtasib Ombudsman's Secretariat,
Zero Point
Islamabad, Pakistan.
Tel: 051-9201665-9; Fax No. 051-9210487,
Email: mohtasib@paknet2.ptc.pk

20.  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.

21.  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

22.  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.

23. 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 Privacy
Personal Privacy
Informational Privacy (Financial privacy, Internet privacy,
Medical privacy , Political Privacy)
Organizational Privacy
Spiritual and intellectual Privacy

24.  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 khan
The 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.

25.  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

26.  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 relationships
Article 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.

27.  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.

28. 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.

29.  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.html
http://en.wikipedia.org/wiki/Privacy
http://www.businessdictonary.com/definition.html
http://www.pakistani.org/pakistan/constitution/part2.ch1.html

30. Any Question