The Firm closed 2020 by rendering advise to Generali Global Assistance on Data Protection Law in Pakistan. Yousaf Amanat & Associates was instructed in the matter by a leading Law Firm based in UK. The advise dealt with the provision of Identity Monitoring Services.
Pakistan does not currently have a Data Protection Law in place. Although the PECA 2016 was promulgated to counter issues such as cyberstalking, online harassment, cyber terrorism, spamming and hacking of information systems it also contains provisions regarding data protection. The PECA 2016 provides that it shall in addition to its application to the whole of Pakistan and Pakistani citizens, also apply to acts committed by persons outside of Pakistan if the act so committed constitutes an offense under the PECA 2016 and affects any person, property, information system or data located in Pakistan.
The PECA 2016 provides that the identity information of a person shall not be obtained, sold, or transmitted without authorization. Authorization has been defined under the PECA 2016 as being authorized by law or the person empowered under the law to make such authorization. Any person whose information is obtained without his authorization can file an application before the Pakistan Telecommunication Authority for securing, blocking, destroying, or preventing the transmission of such information.
We consider Data Protection to be the future of law. With Covid-19 we feel that the emphasis on Data Protection will only increase with time. It is very possible that 2021 will be the year Pakistan gets its very own Data Protection Law.
