Privacy As A Legal Right: A Comparative Study Between Pakistan And Malaysia

Privacy, a core notion embedded in the philosophy of human rights and liberalism, is fueled by the fundamental principles of human dignity and autonomy. This comparative study attempts to examine the legal frameworks protecting privacy rights in Pakistan and Malaysia. Article 14 of the Constitution of the Islamic Republic of Pakistan, 1973, ensures the protection of this right and prescribes its fundamental importance. This constitutional guarantee is further supported by various other legislation, such as the Electronic Transactions Ordinance, 2002, the Personal Data Protection Bill, 2023, etc., to protect this fundamental right in various contexts. In Malaysia, fundamental rights and liberties are protected under the Federal Constitution, however, privacy rights lack constitutional acknowledgment, as other rights such as the right to life, freedom of expression, etc. possess. This right is protected through a wider interpretation of the constitutional provisions, and landmark precedents are relied upon for its implementation. Pakistan and Malaysia, both are striving to maintain an equilibrium between ensuring national security and protecting privacy of their citizens. This study utilizes the doctrinal legal research methodology for the collection and analysis of the research data. This paper emphasizes the need for continuous legal evolution and implementation to tackle the emerging privacy challenges in both countries, considering their distinct socio-legal landscapes.