Has Amnesty's report uncovered Pakistan's mass surveillance of citizens?

Synopsis
Key Takeaways
- Amnesty International reveals extensive state surveillance in Pakistan.
- Citizens' privacy rights are increasingly compromised.
- A comprehensive data protection law is urgently needed.
- Mass surveillance occurs without legal oversight.
- Parliament must act on the Personal Data Protection draft.
Islamabad, Sep 14 (NationPress) The discussion surrounding data protection laws as a critical requirement in Pakistan has gained momentum following a report from Amnesty International that outlines the extensive state surveillance powered by technology.
The report reveals the alarming extent of mass surveillance conducted by the government, where citizens' phones and computers can be transformed into monitoring devices. Conversations, emails, and location data are accessed without any oversight or judicial authorization, leaving those affected without legal recourse, as noted by the Pakistani news outlet Dawn.com.
Usama Khilji, director of Bolo Bhi, an advocacy group for digital rights, warns that although the state justifies its surveillance under the guise of security, the absence of legal protections for these invasive systems and the commercialization of personal data highlight their precarious and unsafe nature.
Implementing a data protection law is essential to uphold the right to privacy for the people of Pakistan, a right enshrined in Article 14 of the Constitution. This right has been reinforced by various judicial precedents, including notable cases such as Benazir Bhutto's in 1988, Ghulam Hussain's in 2010, and Justice Qazi Faez Isa's in 2024. According to the Fair Trial Act, 2013, digital surveillance is permissible only with a magistrate's warrant, unlike the current widespread surveillance.
The Amnesty report also underscores violations of the United Nations Guiding Principles on Business and Human Rights, which mandate that both states and corporations must respect human rights, particularly in their exports. The report highlights that the exportation of surveillance technology by countries like the US, France, Canada, the UAE, and China contravenes these principles, as it enables mass surveillance without regard for fundamental rights.
As recommended by the Amnesty report, there is an urgent need for a comprehensive legal framework to regulate surveillance, ensuring it is targeted, proportional, and subject to independent oversight. Parliament should undertake a transparent inquiry into illegal surveillance practices in Pakistan and legislate to regulate this industry. Furthermore, it must advance the Personal Data Protection draft that has been under discussion since 2020 but has yet to be enacted.