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PIC directs Nadra to share data on trans holding CNICs

By Azaz Syed
August 29, 2020

ISLAMABAD: The Pakistan Information Commission (PIC) has directed the National Database and Registration Authority (Nadra) to share data within 10 days on the total number of transgender persons in the country holding the national identity card.

The orders came after this reporter filed a complaint with the Commission stating that the Nadra had refused to share data with him on the exact number of transgender persons holding the national identity card. The information was sought under the Right of Access to Information Act, 2017.

“The Nadra collects data on citizens on behalf of citizens and for citizens. It is custodian of this data and not its owner. In case of non-compliance, the Nadra spokesman Faik Ali Chachar may face consequences,” said the Commission in its order.

The three-member Commission – headed by Chief Information Commissioner Mohammad Azam Khan and comprising Information Commissioners Fawad Malik and Zahid Abdullah – issued a five-page detailed verdict on Friday, a copy of which is also available with this reporter.

Discussing the nature of the requested information, the PIC clearly said, “The Appellant has not sought information which may be deemed as private information about the transgender people. In other words, it is not information about identifiable individuals. This information is of generic nature.”

The Commission was of view that let alone causing any harm, the disclosure of requested information available with the Nadra about the total number of transgender people in the country would enhance public interest.

The verdict also discussed in detail the role of Faik Ali Chachar, a designated Public Information Officer (PIO) of Nadra (for dealing with the public requests under the Access to Information Act 2017) saying he was issued a notice on February 24th 2020 but he did not appear.

Later the public appearance of the said officer was condoned due to the COVID-19 and he was directed by the Commission to send a written reply within 15 days. It was made clear to Mr. Faik that if he did not appear before the PIC, the appeal would be decided ex-parte in the light of record available on file and the Right of Access to Information Act 2017.

Faik Ali Chachar did not bother to respond to the PIC on both the above mentioned occasions and thus a verdict was issued. The verdict said, “The PIO not only delayed and denied access to the requested information, but also failed to comply with the duly sent notices of the commission.”

The Commission warned that if its directions in the order were not followed, it would be left with no option but to invoke Section 20 (f) of the Right of Access to Information Act 2017. Under this section, the PIC is empowered to order deduction in the PIO’s salary equivalent to one day for the maximum of hundred days.