Pakistan

DLA Piper’s Data Protection Laws of the World

March 2012

Pakistan

Contribution Details

LIAQUAT MERCHANT ASSOCIATES
Barristers-at-law,
Advocates & Corporate Legal Consultants
4C, 9th Commercial Lane
Zamzama Boulevard, Phase V, DHA
Karachi – Pakistan
T +9221 3583 5101 – 104
www.liaquatmerchant.com

Darakhshan Sheikh Vohra
Partner
d.vohra@liaquatmerchant.com

Saqiba Akhlaq
Associate
s.akhlaq@liaquatmerchant.com


Law

There is, at the date of publication, no legislation regulating the protection of data in Pakistan. A draft Electronic Data Protection Bill, limited to protection of electronic data was circulated by the Ministry of Information in 2005.


National Data Protection Authority

There is no national data protection authority in Pakistan.


Registration

Data controllers or collectors do not need to register with any authority.


Data Protection Officers

Organisations in Pakistan are not required to appoint a data protection officer.


Collection and Processing

Data controllers can collect and process personal data under any conditions.


Transfer

Although the transfer of data to third parties is not specifically regulated under the laws of Pakistan, data cannot be transferred from Pakistan to a country which is not recognized by Pakistan. Pakistan currently does not recognize Israel, Taiwan, Kosovo, Somaliland, Nagorno- Karabakh, Transnistria, Abkhazia, Northern Cyprus, Sahrawi Arab Democratic Republic, South Ossetia and Armenia. This list may change from time to time. Furthermore, data can only be transferred to India if such a transfer can be justified by the transferor.

Besides being regulated by contractual terms, data collated by, inter alia, banks, insurance firms, hospitals, defence establishments and other “sensitive” installations/institutions cannot be transferred to any individual/body unless it is transferred with the permission of the relevant regulator or similar bodies on a confidential basis. Additionally, in certain cases data cannot be transferred without the permission of the relevant client/customer.


Security

Data controllers do not have to fulfil any security requirements.


Breach Notification

Data security breaches or losses do not have to be reported or notified to anybody or individual.


Enforcement

In the absence of any legislation in the sphere of data protection no body or entity enforces any law. Enforcement and appropriate relief may however be sought through courts of law having jurisdiction in the matter.


Acknowledgement and Disclaimer

This handbook is provided to you as a courtesy, and it does not establish a client relationship between EDRM, DLA Piper and you, or any other person or entity that receives it. It provides a general overview of the data protection regime currently in force in 58 jurisdictions. It is a general reference document and should not be relied upon as legal advice. The application and effect of any law or regulation upon a particular situation can vary depending upon the specific facts and circumstances, and so you should consult with a lawyer regarding the impact of any of these regimes in any particular instance.

EDRM, DLA Piper and the other contributing law firms accept no liability for errors or omissions appearing in the handbook and, in addition, EDRM and DLA Piper accepts no liability at all for the content provided by the other contributing law firms. Please note that privacy and information law is dynamic, and the legal regime in the countries surveyed could change.

No part of this publication may be reproduced or transmitted in any form without the prior consent of the DLA Piper.

Copyright © 2012 DLA Piper. All rights reserved. | MAR12 | 2183465

This publication has been reproduced by EDRM with the prior consent of DLA Piper.

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