IT Ministry Opposes Senator’s Data Protection Bill Over Legal Flaws

The Ministry of Information Technology and Telecommunication (MoITT), has opposed the Personal Data Protection Bill 2023, submitted as a Private Member’s Bill (PMB) by Senator Afnan Ullah.

The Ministry, in its written reply to the Senate Standing Committee on IT and Telecom, has argued that the bill violates legislative policy, deviates from the constitutional framework, and fails to meet procedural and consultative requirements.

The Ministry emphasized that the Private Member’s Bill is non-compliant with the Rules of Business 1973, which distinguish between Private Member’s Bills and Government Bills under Rules 27 and 28, respectively. The PMB lacks mandatory consultations with the Finance and Law Divisions, as required under Rule 28, making it procedurally flawed and ineligible for consideration in Parliament.

The reply also pointed to a violation of Article 74 of the Constitution, which mandates that any bill involving federal expenditure or withdrawals from the Federal Consolidated Fund can only be introduced with the consent of the Federal Government. The Ministry stated that implementing the PMB would incur such expenditures, rendering it constitutionally non-compliant.

The Ministry further noted the absence of broad-based consultations with key public and private stakeholders in the PMB’s preparation. It contrasted this with its draft of the Personal Data Protection Bill, which has been developed after extensive consultations with over 100 stakeholders and is aligned with international standards such as the General Data Protection Regulation (GDPR). The draft has also received in-principle approval from the Federal Cabinet.

Reiterating the government’s commitment, the Ministry assured the committee that its draft bill is undergoing final consultations with relevant departments. Once completed, it will be introduced for legislative approval, ensuring a robust, inclusive, and internationally compliant framework for personal data protection in Pakistan.