The Ministry of Information Technology and Telecommunication (MoITT) has raised serious objections to the Personal Data Protection Bill 2023, submitted as a Private Member’s Bill (PMB) by Senator Afnan Ullah. The Ministry’s detailed reply to the Senate Standing Committee on IT and Telecom outlines significant legislative, procedural, and constitutional concerns, questioning the viability of the proposed bill.
This article explores the reasons behind MoITT’s opposition, the procedural flaws in the bill, and the Ministry’s alternative approach to data protection in Pakistan.
MoITT’s Concerns with the Private Member’s Bill
The MoITT’s objections stem from several critical issues related to the Personal Data Protection Bill 2023:
- Violation of Legislative Policy
According to MoITT, the bill deviates from established legislative frameworks and policies. It fails to adhere to procedural and consultative requirements, raising questions about its compliance with constitutional mandates. - Non-Compliance with Rules of Business 1973
The Ministry highlighted that the bill does not meet the requirements of the Rules of Business 1973. These rules clearly differentiate between Private Member’s Bills and Government Bills under Rules 27 and 28. The PMB’s failure to secure mandatory consultations with the Finance and Law Divisions renders it procedurally incomplete and ineligible for parliamentary consideration. - Contravention of Article 74 of the Constitution
A key constitutional violation cited by the Ministry is related to Article 74. This article mandates that any bill involving federal expenditure or withdrawals from the Federal Consolidated Fund must receive the Federal Government’s consent. MoITT emphasized that implementing the PMB would incur significant federal expenditures, making it constitutionally non-compliant.
Lack of Broad-Based Consultations
Another major concern raised by the Ministry is the absence of comprehensive consultations during the bill’s drafting process. The PMB reportedly lacks input from key public and private stakeholders, which undermines its credibility and alignment with national interests.
In contrast, the MoITT’s draft of the Personal Data Protection Bill has been developed after engaging with over 100 stakeholders. This draft incorporates feedback from diverse sectors and aligns with international standards such as the General Data Protection Regulation (GDPR).
Comparing the PMB with MoITT’s Draft Bill
The Ministry’s alternative draft bill reflects a more robust and consultative approach to data protection:
- Alignment with International Standards
The MoITT’s draft bill adheres to GDPR principles, ensuring that Pakistan’s data protection laws meet global benchmarks. This alignment is crucial for fostering international trust and encouraging foreign investments in the country’s digital ecosystem. - Comprehensive Stakeholder Engagement
The draft bill has undergone extensive consultations with over 100 stakeholders, including public sector entities, private companies, and civil society organizations. This ensures that the proposed legislation addresses the needs and concerns of all relevant parties. - Cabinet Approval
The MoITT’s draft bill has already received in-principle approval from the Federal Cabinet, demonstrating its compliance with procedural and constitutional requirements.
Implications of the Ministry’s Opposition
The MoITT’s strong opposition to the PMB has significant implications for Pakistan’s legislative landscape and data protection policies:
- Delay in Data Protection Legislation
The ongoing debate between the PMB and the Ministry’s draft bill may delay the enactment of comprehensive data protection laws in Pakistan. - Need for Legislative Cohesion
The conflict highlights the importance of cohesive legislative efforts, where government bodies and private members collaborate to create effective and enforceable laws. - Focus on International Standards
The emphasis on aligning with GDPR underscores Pakistan’s intent to establish itself as a reliable player in the global digital economy.
The Ministry of Information Technology and Telecommunication’s opposition to the Personal Data Protection Bill 2023 underscores critical flaws in its drafting and procedural compliance. While the PMB seeks to address the urgent need for data protection in Pakistan, its shortcomings in legislative policy, constitutional adherence, and stakeholder consultations make it a less viable option.
The MoITT’s draft bill, developed through extensive consultations and aligned with international standards, offers a more comprehensive solution to Pakistan’s data protection challenges. As the debate unfolds, it is imperative for lawmakers to prioritize collaborative efforts and expedite the implementation of robust data protection laws that safeguard citizens’ privacy while fostering economic growth.
