Pakistan Approves E-Safety Bill and Data Protection Bill, Affecting Digital Rights and Ecommerce
The Pakistani cabinet has given its approval to two significant pieces of legislation, namely the E-Safety Bill 2023 and the Personal Data Protection Bill 2023. These bills are expected to have far-reaching implications for digital rights and Pakistan’s growing ecommerce and digital economy. The cabinet has also greenlighted the establishment of a commission to enforce the data protection bill.
The E-Safety Bill aims to combat online crimes, such as cyber bullying, blackmailing, and online harassment. It envisions the creation of a new regulatory authority called The E-Safety Authority. This authority will be responsible for registering and monitoring websites, web channels, YouTube channels, and the existing websites of media houses. The establishment of this authority seeks to safeguard the rights of citizens, businesses, and public and private institutions from online harassment and blackmail.
On the other hand, the Personal Data Protection Bill seeks to protect user data and prevent its illegal use. The bill will ensure the protection and prevent unauthorized use of consumers’ data on various online services, including online shopping and data shared with companies and social networking websites in Pakistan. The draft data protection law will govern the privacy of data collected by online services, digital platforms, ecommerce websites, news outlets, and entertainment websites, among others.
However, international bodies representing internet-based platforms have expressed concerns regarding the draft data protection law. They fear that the proposed legislation may escalate the cost of doing business in Pakistan. The Asia Internet Coalition (AIC) has issued a statement highlighting its concerns, stating that the bill falls short of international data protection standards and creates unnecessary complexities that could hinder foreign investment and limit access to global digital services for Pakistanis. The AIC has urged the government to engage in more transparent stakeholder consultations.
Despite concerns from external entities, the Pakistani government is focused on safeguarding the interests of its citizens and the country. The E-Safety Authority will act as a proactive body to monitor websites and take swift action against violations. Unlike the Pakistan Telecommunication Authority (PTA) and the Federal Investigation Agency (FIA), the proposed authority will have the power to regulate the front-end of websites, issue licenses, and impose penalties.
Regarding the data protection bill, the National Commission for Personal Data Protection (NCPDP) will handle the registration function, requiring entities that collect or maintain data to register locally and appoint a data protection officer. The bill aims to protect personal data, including sensitive information, with measures to prevent data misuse and ensure its security.
While the bills aim to enhance digital rights and protect citizen data, concerns raised by global platforms highlight the ongoing challenge of striking a balance between regulation and business facilitation. The government must carefully consider these concerns to create an environment where digital rights are protected while promoting investment and fostering growth in Pakistan’s digital economy. Transparency and open stakeholder consultations will be crucial in addressing these concerns and arriving at an optimal regulatory framework.
As with any legislation, it is important to consider different perspectives and opinions to ensure a balanced approach. Only time will tell how these bills will shape the future of digital rights and ecommerce in Pakistan.
