IT Ministry Rejects Senator’s Data Protection Bill Due to Legal Issues

Islamabad, Jan 25:  The Ministry of Information Technology and Telecommunication (MoITT) has expressed strong opposition to the Personal Data Protection Bill 2023, submitted as a Private Member’s Bill (PMB) by Senator Afnan Ullah.

Concerns Raised by MoITT

In its written reply to the Senate Standing Committee on IT and Telecom, the Ministry raised several key concerns:

1. Violation of Legislative Policy and Constitutional Framework: The Ministry argued that the PMB violates legislative policy, deviates from the constitutional framework, and fails to meet procedural and consultative requirements.
2. Non-Compliance with the Rules of Business 1973: The Ministry pointed out that the PMB does not comply with the Rules of Business 1973, which differentiate between Private Member’s Bills and Government Bills. According to Rules 27 and 28, Private Member’s Bills must undergo mandatory consultations with the Finance and Law Divisions, which the PMB failed to do, making it procedurally flawed and ineligible for Parliament’s consideration.
3. Violation of Article 74 of the Constitution: The Ministry noted that the PMB violates Article 74 of the Constitution, which requires the Federal Government’s consent for bills involving federal expenditure or withdrawals from the Federal Consolidated Fund. Since implementing the PMB would incur such expenditures, it was deemed constitutionally non-compliant.
4. Lack of Broad Consultations: The Ministry criticized the PMB for lacking extensive consultations with key public and private stakeholders. In contrast, the Ministry’s own draft Personal Data Protection Bill has been developed after consultations with over 100 stakeholders and is aligned with international standards, such as the General Data Protection Regulation (GDPR).
5. Government’s Draft Bill: The Ministry highlighted that its draft bill has received in-principle approval from the Federal Cabinet and is undergoing final consultations with relevant departments. Once these consultations are completed, the bill will be introduced for legislative approval, ensuring a robust, inclusive, and internationally compliant framework for personal data protection in Pakistan.

Conclusion

The Ministry reaffirmed its commitment to implementing an inclusive and internationally aligned framework for personal data protection, contrasting the government’s efforts with the procedural shortcomings of the PMB. The government’s draft bill is set to undergo further consultations and will eventually be presented to Parliament for approval.