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Chapter- 4

Chapter- 4 Provision Regarding Protection of Information
27. Provision Regarding Classification of Information :

(1) For the protection of the information related to Sub-Section (3) of Section 3, held in public Body,
there shall be a committee as following to classify the information in policy level:
(a) Chief Secretary of the Government of Nepal- Chairperson
(b) Secretary of the concerned Ministry – Member
(c) Expert of concerned subject assigned by the Chief of Office or Chairperson – Member
(2) The Committee pursuant to Sub-Section (1), regarding the classification of information under Sub-section 3 of Section (3), has to inform the Commission by determining the number of years the information should be kept confidential and method for the protection of information.
(3) A person, who is not satisfied with the classification made by the committee pursuant to Sub-section (2) may file a review petition before the commission to make the information public.
(4) The Commission, shall if it finds that any information need not be kept confidential in the course of review of the petition pursuant to Sub-section (3), issue an order to public such information.
(5) The information classified pursuant to the Sub-Section (2) may be kept confidential for a maximum period of thirty years, according to the nature of the information.
(6) Notwithstanding anything contained in Sub-Section (5), the Committee shall review in every ten years that any information classified as confidential is necessary to keep as confidential or not.
(7) While reviewing pursuant to Sub-Section (6), the Committee, if finds necessary to keep such information confidential for additional period, may decide the duration and classify as confidential for that period or may classify as non- confidential if finds not necessary to keep confidential.

28. Protection of Information :

(1) Public Body shall protect the information of personal nature held in for preventing unauthorized publication and broadcasting.
(2) Personal information held in public Body, except in following conditions, shall not be used without written consent of concerned person.
(a) In case of preventing a serious threat to life and body of a person or  public health or security.
(b) If required to be disclosed in accordance with prevailing laws.
(c) If required to control the offence of corruption

29. Protection of Whistleblower :

1) It shall be a responsibility of an employee of  a Public Body to provide information on any ongoing or probable corruption or irregularities or any deed taken as offence under the prevailing laws.
(2) It shall be the duty of the information receiver to make the identity of whistleblower in accordance with Sub-Section (1) confidential.
(3) The whistleblower shall not be terminated from his/her post or punished with any legal responsibility or caused any loss or harm for giving information pursuant to Sub-section (1)
(4) If any punishment or harm is done to the whistleblower against Sub-Section (3), the whistleblower may complaint, along with demand for compensation, before the commission for revoking such decision.
(5) While investigating the complaint pursuant to Sub-Section (4), the Commission may order to revoke the decision of removal from the office if so removed from office and for the compensation if any damages caused to
the whistleblower.

30. Providing Personal Information :

(1) Concerned Body shall provide information to the concerned person holding a public post, if such concerned
person demands information of during his service in the public Body.
(2) if a person demands for information related with him/her held in Public Body that Information shall be made available to that person.
(3) The procedure for demanding and acquiring information pursuant to Sub-Section (1) shall be as mentioned in Section 7.
(4) Fees to received the information pursuant to Sub-section (1) shall be as prescribed in Section 8.

31. Information not to be Misused :

(1) A person who obtains information from a Public Body shall not misuse the information by not using it for the same purpose that was considered.
(2) The concerned Public Body may complain to the Commission against a person who misuses the information against Sub-Section (1)

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