The commission held that NADRA collects data about citizens, on the behalf of citizens and for the citizens. It is custodian of this data and not its owner.
This commission is of the view that Section 25 of the Act overrides all other laws including that of NADRA when it comes to matters of deciding which information should be made available and which should be exempted from disclosure. The Right of Access to Information Act 2017 contains adequate provisions to ensure that the sensitive data available with NADRA is exempted from disclosure. Furthermore, the Act also requires public bodies to record reasons in writing in case where harm from disclosure of information outweighs public interest. This commission is of the view that let alone causing any harm, the disclosure of requested information available with the NADRA about total number of transgender people in the country would enhance public interest.
The designated PIO, NADRA was directed to provide the requested information to the Appellant about total number of transgender people registered with NADRA. NADRA was directed to take immediate steps to proactively share through the web site all categories of information mentioned in Section 5 of the Right of Access to Information Act 2017 and submit the compliance report to the commission by 28/09/2020.