j)
k)
l)
m)
n)
o)
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3.1
who is below the age of 18 years, the parent or a guardian appointed by a court of
competent jurisdiction; (b) in case of a data subject who is incapable of managing his
own affairs, a person who is appointed by a court to manage those affairs; or (c) a person
authorized by the data subject to make a data access and/or data correction request.
“rules” means rules made under this Act; and
“sensitive personal data” means and includes data relating to access control (username
and/or password), financial information such as bank account, credit card, debit card, or
other payment instruments, and, passports, biometric data, and physical, psychological,
and mental health conditions, medical records, and any detail pertaining to an
individual’s ethnicity, religious beliefs, or any other information for the purposes of this
Act and rules made thereunder.
”consent” of the data subject means any freely given, specific, informed and
unambiguous indication of the data subject’s wishes by which he or she, by a statement
or by a clear affirmative action, signifies agreement to the collecting, obtaining and
processing of personal data relating to him or her;
“pseudonymisation” means the processing of personal data in such a manner that the
personal data can no longer be attributed to a specific data subject without the use of
additional information, provided that such additional information is kept separately and
is subject to technical and organizational measures to ensure that the personal data are
not attributed to an identified or identifiable natural person;
“vital interests” means matters relating to life, death or security of a data subject;
“Authority" means the Personal Data Protection Authority (PDPA) established under
section [32] of the Act;“Critical Personal Data” -- to be classified by the Authority with
the approval of the Federal Government.
SCOPE AND APPLICABILITY.
This Act applies to—
a) any person who processes; or
has control over or authorizes the processing of, any personal data provided any of the
data subject, controller, or processor (either local or foreign) is located in Pakistan.;
Subject to subsection (1),This Act applies to a person in respect of personal data if—
3.2
A data controller or processor falling within clause (a) of subsection (1) not
registered/established in Pakistan shall nominate for the purposes of this Act a representative
in Pakistan.
3.3
For the purposes of subsections (2) and (3), each of the following is to be treated as
established in Pakistan:
a) an individual whose physical presence in Pakistan shall not be less than one hundred and
eighty days in one calendar year;
b) a body incorporated under the Companies Act 2017 (Act XIX of 2017);
c) a partnership or other unincorporated association formed under any written laws in
Pakistan; and
d) any person who does not fall within paragraph (a), (b) or (c) but maintains in Pakistan—
(i) an office, branch or agency through which he carries on any activity; or
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