Section 51: Obligation of confidentiality

51. Obligation of confidentiality.___ (1) Subject to this section, any person who is or was at any time,___ (a) acting as a Member of the Commission, or (b) engaged as an officer or employee of the Commission, or (c) authorized to perform or exercise any function or power of the Commission or any function or power on behalf of the Commission or to render services to the Commission in the capacity of a consultant or adviser; shall not, except to the extent necessary to perform his official duties, or in the performance or exercise of such a function or power, either directly or indirectly, make a record of, or disclose to any person, any information that is or was acquired by him because of having been so appointed, engaged or authorized, or make use of any such information, for any purpose other than the performance of his official duties or the performance or exercise of that function or power. (2) Any person who contravenes sub-section (1) shall be guilty of an offence which shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to one million rupees or with both. (3) The Commission shall take all reasonable measures to protect from unauthorized use or disclosure of the information given to it in confidence in connection with the performance of its functions or the exercise of its powers. (4) For the purpose of sub-section (1) the disclosure of information as required or permitted by any law for the time being in force in Pakistan or any other jurisdiction shall be t aken to be authorized use and disclosure of the information. (5) For the purposes of sub-section (1), the disclosure of information by a person for the purposes of:__ (a) performing his functions as,____ (i) a Member or employee of the Commission; (ii) an officer, or employee or who is authorized to perform or exercise a function or power of, or on behalf of, the Commission; or (b) the performance of functions or service by the person by way of assisting a Member or an officer of the Commission, shall be taken to be authorized use and disclosure of the information. (6) Where the Chairman is satisfied that any particular information,___ (a) may enable or assist the Commission to perform or exercise any of its functions or powers; (b) may enable or assist the Federal Government, or an agency of the Federal Government to perform a function or exercise a power; or (c) may enable or assist the Federal Government, an agency of the Federal Government, or of a foreign country to perform a function, or exercise a power, conferred by a law in force in that foreign country, the disclosure of the information to such persons by a person whom the Chairman authorizes for the purpose shall be taken to be authorized use and disclosure of the information. (7) The Chairman may impose conditions to be complied with in relation to information disclosed under sub-section (6). (8) The Chairman may delegate all or any of his functions and powers under sub-sections (6) and (7) to a Member or an officer of the Commission. (9) Nothing in any of sub-sections (4), (5), (7) and (8) shall limit what may otherwise constitute, for the purposes of sub-section (1), authorized use or disclosure of information.

Effective date: 2010-01-01

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