PAKISTAN Law and Practice Contributed by: Saifullah Khan and Saeed Hasan Khan, S.U.Khan Associates
S.U.Khan Associates First Floor, 92-Razia Sharif Plaza Fazal-ul-Haq Road
Blue Area Islamabad Pakistan
Tel: +92 51 2344 741 Fax: +92 51 2344 743 Email: sukhan@sukhan.com.pk Web: www.sukhan.com.pk
1. Legal and Regulatory Framework 1.1 Overview of Data and Privacy- Related Laws The Constitution of Pakistan, under its Article 14, has recognised the right to privacy as a funda - mental right; in this regard, the Ministry of Infor - mation and Technology has developed a draft Personal Data Protection Bill, 2023 (the “Draft Bill”). The Draft Bill has passed the consultation stage but is yet to be passed by both houses of the parliament. The Draft Bill largely follows the General Data Protection Regulation (GDPR) of the European Union. Pakistan is also a signatory to the International Covenant on Civil and Political Rights (ICCPR), which also demands that signatory states pro - tect the privacy of individuals. Sector-specific laws or regulations are enforced in Pakistan, specifically governing privacy of customers/individuals in the respective sectors. The Pakistan Telecommunication Authority (PTA), under the Pakistan Telecommunication (Re-organization) Act, 1996, has issued the Pro -
tection from Spam, Unsolicited, Fraudulent and Obnoxious Communication Regulations, 2009. These are applicable to all telecoms operators as regards ensuring and protecting the interest of telecoms consumers by preventing them from spam, fraudulent, unsolicited and obnoxious communication. The Prevention of Electronic Crimes Act, 2016 (PECA) tackles cybercrimes and provides protection against electronic crimes and prevention against fraud by the use of personal or digital data. It aims to protect the personal aspect, privacy and security of elec - tronic data. The Banking Companies Ordinance, 1962 gov - erns the banking sector in Pakistan. It requires that banks not disclose any information pertain - ing to consumers’ data except where required under the law or for an appropriate purpose. Similarly, the Payment Systems and Electronic Fund Transfers Act, 2007 (the “Electronic Fund Transfers Act”) regulates electronic fund trans - fers and consumer protection, secrecy and pri - vacy. The Credit Bureaus Act, 2015, and the regula - tions made thereunder, govern the unauthorised access or disclosure of credit information.
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