PAKISTAN Law and Practice Contributed by: Saifullah Khan and Saeed Hasan Khan, S.U.Khan Associates
5.2 Government Notifications and Approvals Under the Draft Bill, one of the permissible mode of cross-border transfer of personal data is a “mecha - nism to be devised by the NCPDP”. On establish - ment of the NCPDP, said mechanism may contain any approval requirements for all or any class of personal data. 5.3 Data Localisation Requirements The Draft Bill provides that critical personal data must be kept within Pakistan. 5.4 Blocking Statutes There are no blocking statutes related to data privacy or otherwise. 5.5 Recent Developments No such developments have been noted.
In the absence of an adequate data protection legal regime, the NCPDP may allow for the transfer of per - sonal data outside Pakistan in the following cases: • for a binding contract/agreement; • with the explicit consent of the data subject pro - vided it does not conflict with the public interest or national security of Pakistan; • when international co-operation is required under relevant international obligations; and • subject to any further conditions specified by the NCPDP. It should be noted that critical personal data is not allowed to be transferred outside Pakistan. Under the Draft Bill, the NCPDP is required to devise a mechanism for keeping some components of sen - sitive personal data within Pakistan (ie, data localisa - tion). The NCPDP shall also devise a mechanism for sharing sensitive personal data with the government of Paki - stan, provided that the data relates to public order or national security and is required within the parameters of applicable law.
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