Data Protection in Pakistan

Enforcement in Pakistan

For breaches of provisions of PECA 2016 appropriate relief may be sought through competent courts of law having jurisdiction in the matter. Specifically, for the breach of personal data and identity information, section 16(2) of PECA 2016 authorizes PTA to secure, destroy, block access to, or prevent transmission of such data if an application is made by the data subject.

Other mechanisms of enforcing data protection also require action by data subjects themselves. An individual may file a complaint with the National Cyber Crime Investigation Agency (NCCIA), which has assumed responsibility for cybercrime investigations previously handled by the Federal Investigation Agency’s National Response Centre for Cyber Crime (NR3C). An affected individual may file a complaint with the NCCIA for investigation of offences under PECA, which is the law enforcement agency authorized under PECA 2016 and its rules.

Sector specific legislation is enforceable by its respective regulatory or governmental authorities.

Additionally, the PDPB, which is yet to be promulgated, would permit the relevant regulatory authority to exercise all powers required to enable the same to enforce the provisions of the PDPB.

The PECA Amendment, 2025 has led to the establishment of the Social Media Protection and Regulatory Authority (SMPRA), the National Cyber Crime Investigation Agency (NCCIA), and the Social Media Protection Tribunal under PECA. 

The SMPRA is an authority, consisting of a chairperson and eight other members. The primary objectives of the authority will include regulation enlistment of social media platforms, grant, renewal, refusal or suspension and revocation of enlistment of social media platforms, to partially or fully block social media platform for non-compliance with the laws under PECA 2016, and to issue guidelines, directives and standards for social media platforms. 

Under PECA Amendment, 2025, the Federal Government shall also be constituting a Social Media Complaint Council, which shall be consisting of a Chairman and four members including one ex-officio member processing and receiving complaints brought forward by any persons, organizations and general public against violation of any provision of this Act.

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