PAKISTAN
Since August 2016
Pillar Domestic data policies |
Indicator Minimum period for data retention
Prevention of Electronic Crimes Act, 2016 (الیکٹرانک کرائم ایکٹ، 2016)
Section 31 of the Prevention of Electronic Crimes Act includes data retention provisions that make it mandatory for service providers to hold traffic data for a one-year minimum or as “authorised officers” see fit. Art. 32 states that a service provider shall, within its existing or required technical capability, retain the specified traffic data for a minimum period of one year or such period as the Authority may notify from time to time and, subject to the production of a warrant issued by the Court, provide that data to the investigation agency or the authorised officer whenever so required.
Coverage Internet services providers (ISPs)
Sources
- https://web.archive.org/web/20201014054037/https://digitalrightsfoundation.pk/wp-content/uploads/2017/02/Telecoms-Privacy-and-Data-Protection-Policies-in-Pakistan-1.pdf
- https://web.archive.org/web/20221127033144/http://ilo.org/dyn/natlex/docs/ELECTRONIC/104952/128187/F424540000/PAK104952.pdf
- https://web.archive.org/web/20220124203930/https://sahsol.lums.edu.pk/law-journal/prevention-electronic-crimes-act-2016-analysis
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PAKISTAN
Since August 2016
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Prevention of Electronic Crimes Act, 2016 (الیکٹرانک کرائم ایکٹ، 2016)
Section 31 of the Prevention of Electronic Crimes Act discusses “expedited preservation and acquisition of data”. It allows an authorised agent to require a person to hand over data without producing a court warrant if it is believed that it is “reasonably required” for a criminal investigation. This can be termed as a blanket authorisation provision that gives the executive direct authority to take action without any judicial oversight or scrutiny. In addition to this, no test as to what amounts to a reasonable requirement is provided in the section. This is problematic because the lack of requisite checks and balances affords the executive a discretionary power that can be used to violate fundamental rights.
Section 35 provides law enforcement officers various powers relating to information systems. One of these is a power to require any person who is in possession of “decryption information of an information system, device or data under investigation” to grant the officer access to such data, device or information system “in unencrypted or decrypted intelligible format” for the purposes of investigating the offence.
Section 39 allows for "Real-time collection and recording" of data: "[i]f a Court is satisfied on the basis of information furnished by an authorised officer that there are reasonable grounds to believe that the content of any information is reasonably required for the purposes of a specific criminal investigation, the Court may order, with respect to information held by or passing through a service provider, to a designated agency as notified under the Investigation for Fair Trial Act 2013 or any other law for the time being in force having capability to collect real-time information, to collect or record such information in real-time coordination with the investigation agency for provision in the prescribed manner."
Section 35 provides law enforcement officers various powers relating to information systems. One of these is a power to require any person who is in possession of “decryption information of an information system, device or data under investigation” to grant the officer access to such data, device or information system “in unencrypted or decrypted intelligible format” for the purposes of investigating the offence.
Section 39 allows for "Real-time collection and recording" of data: "[i]f a Court is satisfied on the basis of information furnished by an authorised officer that there are reasonable grounds to believe that the content of any information is reasonably required for the purposes of a specific criminal investigation, the Court may order, with respect to information held by or passing through a service provider, to a designated agency as notified under the Investigation for Fair Trial Act 2013 or any other law for the time being in force having capability to collect real-time information, to collect or record such information in real-time coordination with the investigation agency for provision in the prescribed manner."
Coverage Horizontal
Sources
- https://web.archive.org/web/20221127033144/http://ilo.org/dyn/natlex/docs/ELECTRONIC/104952/128187/F424540000/PAK104952.pdf
- https://web.archive.org/web/20220124203930/https://sahsol.lums.edu.pk/law-journal/prevention-electronic-crimes-act-2016-analysis
- https://www.gp-digital.org/world-map-of-encryption/
- https://web.archive.org/web/20220305115635/http://nasirlawsite.com/laws/peca1.htm
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PAKISTAN
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of adoption of the WIPO Performances and Phonograms Treaty
Pakistan has not adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
PAKISTAN
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Pakistan does not possess a comprehensive legal framework that affords effective protection to trade secrets. In the absence of a standalone trade secrets statute, confidential information is instead protected through contractual instruments such as non‑disclosure agreements and confidentiality undertakings, as well as through common law remedies, including the tort of breach of confidence.
Coverage Horizontal
PAKISTAN
Reported in 2019, last reported in 2024
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
There is an obligation for passive infrastructure sharing in Pakistan to deliver telecom services to end users. It is practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector
PAKISTAN
Last reported in 2025
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The Government of Pakistan holds equity interests in certain telecommunications companies. In particular, the state owns 62.2% of the Class A shares in Pakistan Telecommunication Company Limited. In addition, the Special Communications Organisation operates as a public sector organisation under the Ministry of Information Technology and Telecommunication (MoITT). Furthermore, the Telecom Foundation, which is affiliated with the MoITT, holds a 55.1% stake in Pak Datacom Limited.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20260212004302/https://www.pta.gov.pk/assets/media/Decion%20of%20the%20Authority%20dt%2030-11-2025%20on%20Acquisition%20of%20Telenor%20by%20PTCL.pdf
- https://web.archive.org/web/20260506152722/https://scostpajk.com/about-us/
- https://web.archive.org/web/20260506152648/https://pakdatacom.com.pk/dawonload.php?file=Annual%20Report%202025%20-%20PAKD.pdf
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PAKISTAN
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
Pakistan mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
PAKISTAN
Since November 2000
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Pakistan Telecommunication Rules, 2000
According to the Pakistan Telecommunication Rules, no person shall establish, maintain or operate any telecommunications system or provide any telecommunications service unless a licence for the same has been granted to it by the Pakistan Telecommunication Authority (PTA). Pursuant to Art. 3.1, the license to provide basic telephone service cannot be granted. Still, applications may be made for the establishment, maintenance, and operation of any telecommunication system or the provision of any telecommunication service other than basic telephone service. According to Art. 4.3, in determining whether or not to grant a license, the Authority shall take into account the following factors:
- the financial and economic viability of the applicant;
- the applicant's experience in telecommunications and relevant history;
- the technical competence and experience of the applicant's management and key members of staff and local participation in the business;
- the nature of the services proposed and the viability of the applicant's business plan, including the applicant's proposed roll-out and service quality commitments and its contribution to the development of the telecommunications sector;
- the quality of the applicant's telecommunications system or network; and
- the terms of the bid made by the applicant where the license is to be issued under a competitive process.
If the PTA considers that there are any factors in relation to that application that threaten or potentially threaten national security, it may reject an application.
- the financial and economic viability of the applicant;
- the applicant's experience in telecommunications and relevant history;
- the technical competence and experience of the applicant's management and key members of staff and local participation in the business;
- the nature of the services proposed and the viability of the applicant's business plan, including the applicant's proposed roll-out and service quality commitments and its contribution to the development of the telecommunications sector;
- the quality of the applicant's telecommunications system or network; and
- the terms of the bid made by the applicant where the license is to be issued under a competitive process.
If the PTA considers that there are any factors in relation to that application that threaten or potentially threaten national security, it may reject an application.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20150320094055/http://nasirlawsite.com/laws/ptclrule.htm
- https://web.archive.org/web/20240811045000/https://www.lexology.com/library/detail.aspx?g=748f9a4a-01e6-45c3-ba76-1cd4417f8262
- https://web.archive.org/web/20230514153302/https://moitt.gov.pk/SiteImage/Misc/files/Pakistan%20telecom%20rules.pdf
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PAKISTAN
Since July 2007
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Class Value Added Services Licensing and Registration Regulation 2007 (the CVAS Regulations)
Pursuant to Art. 5 of the Class of 2007 Value Added Services Licensing and Registration Regulations, application for the grant of a Registered Services license for the provision of value-added services shall be made in the manner set forth in Schedule "A" of the Regulations. According to Art. 2, value-added services are all telecommunication services, excluding the core telecommunications services of access providers, as determined by the Authority from time to time.
Pursuant to Art. 6, the authority may grant a license or Registration Certificate to any applicant who fulfils the open, transparent, and non-discriminatory eligibility criteria given by the Authority from time to time. The Authority for providing a license shall take into account the following factors:
- the financial and economic viability of the applicant;
- the applicant's experience in telecommunications and relevant past history;
- technical competence and experience of applicant's management and key members of staff and local participation in the business; and
- the nature of the services proposed and the viability of the applicant's business plan, including its contribution to the development of the telecommunications sector.
However, the Authority may reject an application if it appears that the grant of the License or Registration Certificate shall threaten or potentially threaten national security.
Pursuant to Art. 6, the authority may grant a license or Registration Certificate to any applicant who fulfils the open, transparent, and non-discriminatory eligibility criteria given by the Authority from time to time. The Authority for providing a license shall take into account the following factors:
- the financial and economic viability of the applicant;
- the applicant's experience in telecommunications and relevant past history;
- technical competence and experience of applicant's management and key members of staff and local participation in the business; and
- the nature of the services proposed and the viability of the applicant's business plan, including its contribution to the development of the telecommunications sector.
However, the Authority may reject an application if it appears that the grant of the License or Registration Certificate shall threaten or potentially threaten national security.
Coverage Telecommunications sector
PAKISTAN
Since April 1994
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Pakistan has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230921113705/https://www.wto.org/english/tratop_e/serv_e/telecom_e/sc67.pdf
- https://web.archive.org/web/20220307092617/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_commit_exempt_list_e.htm
- https://web.archive.org/web/20220119043046/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_highlights_commit_exempt_e.htm#country
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PAKISTAN
Since October 1996, last amended in 2024
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Pakistan Telecommunication (Re-organisation) Act, 1996
It is reported that the Pakistan Telecommunication Authority (PTA), as the principal executive body responsible for supervising and regulating services within the telecommunications sector, operates independently of governmental influence in its decision-making processes. Section 3 of the "Pakistan Telecommunication (Re-organisation) Act, 1996" establishes the Authority as a corporate body with perpetual succession and a common seal, endowed, subject to the provisions of the Act, with the legal capacity to acquire, hold, and dispose of both movable and immovable property, and to initiate or be subject to legal proceedings in its own name. The Authority shall comprise three members, all appointed by the Federal Government, which may also increase the number of members and prescribe their qualifications and modes of appointment. Moreover, the Federal Government shall appoint one member as Chairman. Notwithstanding this apparent institutional autonomy, Section 8.2A provides that the Cabinet, or any committee authorised by it, may issue policy directives on matters relating to the telecommunications sector, which are binding on the Authority.
Coverage Telecommunications sector
Sources
PAKISTAN
Reported in 2017, last reported in 2026
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Restriction on cross-border data transfers
It is reported that Pakistan prohibits data transfers to any country that it does not recognise, including Israel, Taiwan, Somaliland, Nagorno, Karabakh, Transnistria, Abkhazia, Northern Cyprus, Sahrawi Arab Democratic Republic, South Ossetia and Armenia. This list may change from time to time. Additionally, data transfers to India must be justifiable by the transferor.
Coverage Horizontal
PAKISTAN
Since July 2007
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Guidelines on Outsourcing Arrangements
Under Sections 16 and 26 of the Guidelines on Outsourcing Arrangements, for outsourcing any services from an entity outside the country, it is mandatory for the banks in Pakistan to obtain the State Bank of Pakistan's prior approval. The request for such approval includes disclosures relating to data that may be transferred offshore.
Coverage Financial sector
PAKISTAN
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Pakistan has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
PAKISTAN
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Lack of participation in the Patent Cooperation Treaty (PCT)
Pakistan is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
