In a bid to navigate the complexities of cyberspace, Pakistan has recently pushed forward with new legislative efforts, sparking conversations about data protection, privacy, and citizen involvement. The government’s focus on data localization, which involves retaining critical personal data within the country, aims to address challenges in dealing with social media platforms and to assert control over user data, particularly in light of its role in shaping political landscapes.
Among the recently proposed bills, the Pakistan Electronic Crimes Act (Peca) amendments seek to fulfill the goal of data localization. However, this move has raised concerns among rights activists and privacy advocates due to its potential implications for user privacy and online content control. Another bill, the E-Safety bill, remains shrouded in secrecy, leaving citizens unaware of its potential impacts.
The draft of the Personal Data Protection Bill, 2023 (PDPB), circulated in June, has garnered criticism for its provisions on data localization. Section 31(2) of the PDPB requires critical personal data to be processed and stored within the country, with the National Commission for Personal Data Protection responsible for defining what constitutes “critical personal data.” The independence of this commission, however, has been questioned.
While user consent for data collection is mandated under the PDPB, concerns persist about the informality and coercion surrounding this consent. Many users might not fully understand how their data will be used, and coerced consent can limit their access to digital services. Genuine data protection, argue experts, necessitates minimizing data collection, prioritizing transparency, and promoting community participation.
To progress in data protection, Pakistan must embrace inclusive policy-making, incorporating insights from privacy experts, tech companies, and citizens. Transparency through public discussions is vital to address concerns and build trust in government efforts. The pursuit of data localization must be balanced against the potential risks it poses to privacy and democratic participation, urging the country to adopt measures that safeguard both individual rights and national interests.
