Protecting Privacy Without a Law?

Pakistan confronting a harsh data privacy outcome for not having a distinguished data protection law. In today’s digital era, as artificial intelligence and technology advance rapidly, our personal data is being shared more than ever before. From social media pages to online shopping websites, our every click, like, and purchase is being tracked and recorded step by step. Despite the benefits, our country is facing many consequences because we lack a proper law that protects our data from unauthorised use. Since the Prevention of Electronic Crimes Act 2016, dealing with cybercrime and counter terrorism isn’t enough to protect data. PECA 2016 is notable for mitigating the threats of cybercrime, especially in the digital landscape that penetrates social media and the internet.

It also bridges the gap to cybercrime, but despite its scope, it is criticised for its failure to protect data privacy as it focuses on punitive measures instead of preventive strategies, and it hinders the approach of data protection. To make the digital world safer, law makers should formulate the needs to address these weaknesses and provide a regulatory framework while encouraging innovation in the digital age. Data protection laws are specifically directed to safeguard individual personal data and ensure that data is collected, stored, and shared without any misuse by others.

The Data Protection Bill was introduced in 2020 but has yet to be promulgated. It is intended to govern the collection, storage and processing of data, with mechanisms available to holders and institutions. However, several challenges are impeding its effective implementation in Pakistan, including a lack of public awareness of data privacy rights, which leaves enforcement agencies ill-equipped. Precautions were taken to pass the Personal Data Protection bill in 2023, but has not still adopted by the national assembly. Its provision aims to protect the personal or sensitive data of individuals; it requires prior consent from the data subject and imposes obligations on data controllers to provide the security of the information they process. Moreover, this bill establishes a national commission in Pakistan responsible for personal data protection, monitoring compliance, providing penalties, and investigating data related issues that break the data protection law.

Several multidimensional challenges of data protection laws implementation in Pakistan leads to complexities that are extended to technological, legal, social and economic loss of citizens. With the progress of digitalization, the effective personal data protection becomes essential to ensure the adequate technological infrastructure. Technologically, companies and institutions in Pakistan do not have proper infrastructure to comply with for the data security regulations and cybersecurity. There’s deficiency in the expanding technological infrastructure necessary for compliance and monitoring, which exacerbates the vulnerability equally among the users. Pakistan needs an improvement in its data protection law otherwise it will seize the technological opportunities in artificial intelligence and consequently enhance in protecting its data security measures. Legally, the absence of legislation creates a gap leaving data security rights vulnerable to violation without control or accountability.

The social and economic situation worsens in Pakistan due to the absence of data protection laws, which undermine trust and deter investment by discouraging the adoption of digital services. Weak accountability mechanisms mean that those mishandling data often escape punishment. Consequently, Pakistan misses opportunities in the global digital marketplace, as international companies hesitate to share data with countries lacking proper safeguards and risk of data exploitation. Implementing a comprehensive data protection law aligned with international standards is essential. Such legislation would enhance trust, attract investment, and promote sustainable growth in the tech sector, while also establishing a secure digital environment. The implementation of data protection law is hindered by its centralized governance, which causes poor coordination among government agencies.

Different entities often overlap in policy enforcement, and limited financial resources restrict the development of data protection infrastructure. There’s a need for advancement of digital tools otherwise the insufficient integration of cyber measures lacks the Pakistan consumer trust, foreign investment, commerce sector trust, IT security, transfrontier data flows, digital services and regulatory framework. In 2024, a data breach occurred at Pakistan National Database and Registration Authority (NADRA), data of 2.7 million of Pakistanis has been stolen from the servers. It raises a serious question about the safety of data stored on government servers and not only the privacy but also the concerns for national security. Better encryption protocols must be implemented to protect sensitive data stored in government databases for the protection of sensitive data to safeguard individuals’ information. However, the person concerned about data protection confidentiality remains low, the insufficient structure limits the capacity to protect the sensitive data.

The delay in passing the bill reflects a broader failure to prioritise data privacy in a rapidly digitising world. Data protection in the 21^st century is a fundamental human right and the absence of national law increases international pressure, journalists’ opinions and harsh cultural shifts. The absence of data protection law leaves citizens’ privacy rights vulnerable and citizens can not freely research sensitive medical conditions, explore controversial political ideas or organize community actions. To safeguard the privacy rights situation, Pakistan must ensure a secure digital landscape, promote trust, and protect fundamental rights.

Bibliography:

1. Nadra data leak, The Express Tribune (online, 14 November 2024) https://tribune.com.pk/story/2509411/nadra-data-leak-1 accessed 15 February 2026. (The Express Tribune)
2. Minahil Ali, ‘Protecting rights’, The News International – The News on Sunday (online, 27 October 2024) https://www.thenews.com.pk/tns/detail/1244178-protecting-rights accessed 15 February 2026. (The News International)
3. Ghulam Mustafa Noorani, Data Protection Laws in Pakistan: Challenges and Opportunities (2025) (ResearchGate, International Islamic University Islamabad) https://www.researchgate.net/publication/388958262_DATA_PROTECTION_LAWS_IN_PAKISTAN_CHALLENGES_AND_OPPORTUNITIES accessed 15 February 2026. (researchgate.net)