Statement of Objects
The Constitution of the Islamic Republic of Pakistan guarantees privacy of home alongside
dignity of every man and woman as their fundamental right under its Article 14. Digitization
of businesses and various public services employing modern computing technologies
involves processing of personal data. The growth of technological advancements have not
only made it easier to collect personal data but also enabled processing of personal data in so
many ways that were not possible in the past. In today’s digital age, personal data has become
an extremely valuable commodity and for many businesses the sole source of their income is
the personal data of users they generate. The personal data is often being collected, processed
and even sold without knowledge a person. In some cases, such personal information is used
for relatively less troublesome commercial purposes e.g. targeted advertising etc. However,
the data so captured or generated can be misused in many ways e.g. blackmail, behavior
modification, phishing scams etc.
In order to realize the goal of full scale adoption of e-government and delivery of services to
the people on their doorsteps, and increase users’ confidence in the confidentiality and
integrity of government databases, it is essential that the users’ data is fully protected from
any unauthorized access or usage and remedies are provided to them against any misuse of
their personal data. Additionally, accelerated increase in the use of broadband with the
advent of 3G/4G in Pakistan led to an increasingly enhanced reliance on technology calling
for protection of people’s data against any misuse, thus maintaining their confidence in the
use of new technologies without any fear.
Whereas sectoral arrangements/frameworks exist in Pakistan that provide for data protection
and Prevention of Electronic Crimes Act 2016 (Act No.XL of 2016) deals with the crimes
relating to unauthorized access to data, there is a need for putting in place a comprehensive
legal framework in line with our Constitution and international best practices for personal
data protection. Protecting personal data is also necessary to provide legal certainty to the
businesses and public functionaries with regard to processing of personal data in their
activities. The desired legal framework would clearly spell out the responsibilities of the data
collectors and processors as well as rights and privileges of the data subjects along with
institutional provisions for regulation of activities relating to the collections, storing,
processing and usage of personal data.
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