The absence of a comprehensive data protection law in Pakistan is creating a barrier for international companies and investors, according to Senator Dr. Afnan Ullah Khan. During a meeting of the Senate Standing Committee on Information Technology and Telecommunication, Khan highlighted this concern while briefing the committee on his proposed “The Data Protection Act 2023.”
Senator Khan emphasized that international companies are hesitant to invest in Pakistan due to the lack of data protection regulations. He explained that these companies prefer to host their data in countries with established data privacy laws, like the United States.
His proposed legislation outlines the establishment of a National Data Protection Commission and includes provisions for emergency measures. However, Senator Shahadat Awan raised concerns about duplication of efforts. He pointed out that the Ministry of Information Technology and Telecommunication (MoITT) is also working on a similar data protection bill. Awan emphasized the need to review both drafts to avoid redundancy. He also noted the absence of a preamble in Senator Khan’s bill, a critical component for any proposed legislation.
Senator Rubina Khalid expressed concerns about the effectiveness of legislation without proper enforcement mechanisms. She cited the existing cybercrime bill as an example, highlighting the lack of clear guidelines for prosecution and punishment under cyber law. Blocking accounts alone may not be sufficient as a deterrent, she argued.
The committee received information from the MoITT regarding input from the Asia Internet Coalition and Amazon on the data protection bill. Senator Sania Nishtar objected to incorporating Amazon’s input, questioning the appropriateness of a commercial entity influencing such sensitive legislation.
The committee decided to postpone further discussions for a week. During this time, they will review both proposed data protection bills – Senator Khan’s and the MoITT’s draft – with the aim of reaching a consensus and taking decisive action to address Pakistan’s data privacy gap.
