What security obligations are imposed on data controllers and data processors?
Security requirements may not always be included in the data protection law, but are key to guaranteeing lawful processing of personal data. The entity processing the data must take all useful precautions with respect to the nature of the data and the risk presented by the processing, to preserve the security of the data and prevent alteration, corruption or access by unauthorized third parties.
Appropriate technical and organizational measures should be implemented to ensure a level of security appropriate to the risk. Pakistan does not currently have any security obligations relating to the protection of personal data. That said, the Personal Data Protection Bill 2021 (Bill 2021), includes a number of security obligations.
If Bill 2021 passes in its current form, employers, along with other data controllers and processors, would be required to take practical steps to protect personal data, considering the nature of the data and the harm that may result from any loss, misuse, modification, unauthorized access, etc. Employers would also be required to take practical steps regarding: the location where personal data is stored; the security measures incorporated into equipment that stores personal data; the measures taken to ensure reliability, integrity and the competence of personnel; and, the measures taken to ensure the secure transfer of personal data.
HR Best Practices: Ensure contracts with service providers detail the security and confidentiality measures that will be implemented. In addition, regularly train employees who may have access to personal information, to ensure that they are following all technical and organizational security measures that have been put in place.