Is Mobile Number Tracking Legal in Pakistan? Complete Legal Guide 2025

Introduction: The Legal Gray Area

“Is it legal to track someone’s mobile number in Pakistan?” This question is typed into Google search thousands of times daily by concerned parents, suspicious spouses, employers, and individuals receiving harassing calls. The answer isn’t a simple yes or no—it’s a nuanced legal landscape that every Pakistani should understand before tracking any mobile device.

With mobile phone penetration exceeding 185 million subscribers in Pakistan and tracking technology more accessible than ever, understanding the legal boundaries isn’t just important—it’s essential to avoid criminal charges, fines, and imprisonment.

This comprehensive guide breaks down every aspect of mobile tracking legality in Pakistan, from constitutional privacy rights to specific PECA provisions, helping you track responsibly within legal boundaries.

The Pakistani Legal Framework for Mobile Tracking

Constitutional Foundation: Right to Privacy

Article 14 of the Constitution of Pakistan (1973) “The dignity of man and, subject to law, the privacy of home, shall be inviolable.”

While the Constitution doesn’t explicitly mention “mobile phone privacy,” Pakistani courts have consistently interpreted Article 14 to include:

• Privacy of communications
• Freedom from unauthorized surveillance
• Protection of personal data
• Sanctity of private conversations

Key Court Rulings:

Imran Ali v. Federal Government (2021) – Islamabad High Court The court ruled that unauthorized access to someone’s phone, including location tracking without consent, violates constitutional privacy rights.

Benazir Bhutto v. Federation of Pakistan (1988) – Supreme Court Established that phone tapping and surveillance without proper legal authority violates Article 14.

PECA 2016: The Primary Legal Framework

The Prevention of Electronic Crimes Act (PECA) 2016 is Pakistan’s comprehensive cybercrime legislation directly addressing mobile tracking.

Section 3: Unauthorized Access to Information System “Whoever intentionally accesses any information system… to obtain, transmit, or use any information or data stored in that system shall be punishable…”

Punishment:

• Imprisonment: Up to 3 years
• Fine: Up to PKR 500,000
• Or both

Application to Mobile Tracking: Accessing someone’s phone location without authorization qualifies as unauthorized access to an information system.

Section 20: Unauthorized Interception “Any person who intentionally intercepts… any transmission to, from or within an information system… commits an offense.”

Punishment:

• Imprisonment: Up to 3 years
• Fine: Up to PKR 500,000

Application: Intercepting location data transmitted from someone’s phone without consent violates this provision.

Section 24: Cyber Stalking “Whoever… uses electronic means to stalk or harass any person, commits the offense of cyber stalking.”

Punishment:

• First offense: Up to 3 years imprisonment or PKR 500,000 fine
• Second offense: Up to 5 years imprisonment or PKR 1,000,000 fine

Application: Using tracked location information to stalk, follow, or harass someone is explicitly criminalized.

PTA Regulations

The Pakistan Telecommunication Authority, established under the Pakistan Telecommunication (Re-organization) Act 1996, regulates mobile services including tracking.

PTA Regulation on SIM Registration (2009, Updated 2015)

• Mandates biometric verification
• Creates legal record of mobile ownership
• Establishes framework for lawful information access
• Defines when location data can be shared

PTA Consumer Protection Regulations (2009)

• Protects subscriber privacy
• Limits operator data sharing
• Requires consent for location services
• Establishes complaint mechanisms

Key Provisions: Network operators cannot share subscriber information (including location) except:

1. With subscriber’s explicit consent
2. Under court order
3. For law enforcement with proper authorization
4. For emergency services (911, 1122)
5. To parent company for service provision

Pakistan Penal Code Provisions

Several PPC sections apply to mobile tracking misuse:

Section 509: Insulting Modesty of Women Includes using electronic means (like tracking) to harass women. Punishment: Imprisonment up to 1 year or fine or both

Section 506: Criminal Intimidation Using tracked location information for threats. Punishment: Imprisonment up to 2 years or fine or both

Section 503: Criminal Intimidation If tracking leads to intimidation affecting personal security. Punishment: Imprisonment up to 2 years or fine or both

When Mobile Tracking IS Legal

Understanding permissible scenarios helps you track without legal risk.

1. Tracking Your Own Device

Completely Legal:

• Track any phone you personally own
• Use any tracking method available
• No restrictions or limitations
• No consent needed from anyone

Examples:

• Finding your lost phone using Find My Device
• Checking your phone’s location history
• Using network operator location services on your number
• Installing tracking apps on your personal device

Legal Basis: You have absolute rights over your own property and data.

2. Parental Tracking of Minor Children

Legal with Conditions:

Children Under 18: Parents/legal guardians can track without child’s consent under:

• Guardian and Wards Act, 1890
• Parental authority in Islamic law
• Constitutional parental responsibilities

Requirements:

• Must be your own child or legally adopted
• Must be under 18 years of age
• Must be for safety/security purposes
• Should not violate reasonable privacy expectations (context-dependent)

Recommended Practices:

• Even if legal, inform children about tracking (age-appropriate)
• Focus on safety, not control
• Reduce surveillance as children mature
• Balance protection with trust-building

Court Perspective: Pakistani family courts recognize parental right to monitor minors’ digital activities for protection, but discourage excessive surveillance that harms child development.

3. Consensual Tracking

Fully Legal: Tracking any adult with their informed, explicit consent.

Requirements for Valid Consent:

Must Be:

• Voluntary: Not coerced or forced
• Informed: Person knows what tracking involves
• Specific: Clear what data is collected and how used
• Ongoing: Can be withdrawn anytime
• Documented: Preferably written or digitally recorded

Examples:

• Family members agreeing to share locations
• Friends sharing location for meetup
• Couples mutually tracking each other
• Employees consenting in writing to company device tracking

How to Obtain Proper Consent:

Written Consent Template:

I, [Name], CNIC [Number], voluntarily consent to [Tracker Name] tracking the location of my mobile device [Number] for the purpose of [Reason]. I understand:
- What location data is collected
- How it will be used
- Who can access it
- I can withdraw consent anytime by [Method]

Signature: ___________
Date: ___________

Digital Consent:

• In-app consent screens
• Email confirmation
• SMS opt-in
• Recorded verbal consent (for illiterate individuals)

4. Employer Tracking of Company Devices

Legal with Proper Policies:

Requirements:

• Company-Owned Devices: Must be employer’s property
• Written Policy: Clear tracking policy in employee handbook
• Notification: Employees informed before hiring
• Limited Scope: Tracking limited to work hours (ideally)
• Legitimate Purpose: Business operations, not personal surveillance

Employment Contract Should Include: “The Company reserves the right to track location of company-owned mobile devices for business purposes including [specific reasons]. Employees should not expect privacy on company devices.”

Best Practices:

• Separate personal and work phones
• Allow personal device use for non-work matters
• Disable tracking after work hours
• Regular policy reviews
• Employee acknowledgment signatures

Legal Case Reference: In Syed Mehboob Ali v. Overseas Pakistanis Foundation (2019), the Sindh High Court upheld employer’s right to monitor company property including phones, with proper policies and notice.

5. Law Enforcement with Proper Authorization

Strictly Regulated:

Requirements:

• Court Warrant: Obtained from competent magistrate
• Specific Investigation: Linked to cognizable offense
• Proportionate: Tracking necessary for investigation
• Time-Limited: Warrant specifies duration
• Judicial Oversight: Regular reporting to courts

Process:

1. Police file application before magistrate
2. Must show reasonable grounds for tracking
3. Court issues warrant specifying:
   • Target number(s)
   • Duration of tracking
   • Type of information sought
   • Reviewing authority
4. Police submits request to network operator
5. Operator provides location data
6. Information used strictly for investigation
7. Disposal after case conclusion

Limitations: Even law enforcement cannot:

• Track without warrant (except emergency terrorism cases)
• Share tracking data outside investigation
• Track indefinitely without renewal
• Use data for purposes beyond warrant scope

6. Emergency Situations

Limited Legal Protection:

911/1122 Emergency Services:

• Can track caller location automatically
• For life-saving emergency response
• No consent needed in genuine emergencies
• Limited to emergency duration

Missing Person Cases: After filing FIR:

• Police can request tracking with magistrate approval
• Network operators cooperate in genuine missing cases
• Family can request but cannot force tracking

Domestic Violence Protection: Under Domestic Violence (Prevention and Protection) Act 2012:

• Courts may authorize tracking as protection measure
• Victim can request in protection order
• Limited duration with specific conditions

When Mobile Tracking IS ILLEGAL

These scenarios can result in criminal prosecution:

1. Tracking Without Consent

Illegal Scenarios:

Spousal Tracking Without Permission: Even if married, tracking spouse without their knowledge/consent violates PECA.

Legal Reality: Despite common misconceptions, marriage does not grant automatic right to track partner’s phone. Many Pakistanis are prosecuted annually for spousal surveillance.

Exception: If genuine suspicion of criminal activity (not just infidelity), consult lawyer and potentially police—don’t track yourself.

Ex-Partner Tracking: After separation/divorce, any tracking without consent is:

• Criminal stalking under PECA
• Harassment under PPC
• Potential restraining order violation

Adult Family Members: Cannot track adult siblings, parents, or extended family without their consent, even if living together.

2. Stalking and Harassment

PECA Section 24 Violations:

Constitutes Cyber Stalking If:

• Following someone based on tracked location
• Repeatedly checking their location without consent
• Using location to intimidate or threaten
• Sharing someone’s location publicly
• Creating fear through location-based actions

Real Case Example: State v. Adeel Ahmed (2020) – Lahore Sessions Court
Defendant tracked ex-girlfriend’s phone, appeared at her locations repeatedly. Convicted under PECA Section 24, sentenced to 2 years imprisonment + PKR 300,000 fine.

3. Commercial Data Misuse

Illegal Commercial Activities:

Selling Tracked Data:

• Tracking individuals to sell location data
• Marketing databases with location information
• Corporate espionage through tracking
• Competitor surveillance

Punishment: Up to 5 years imprisonment under PECA

Data Brokers: Companies buying/selling location data without consent face:

• PTA license revocation
• Criminal prosecution
• Civil liability for damages
• Company closure

4. Unauthorized Device Installation

Physical Access Crimes:

Installing Tracking Without Consent:

• Putting tracking apps on someone’s phone without permission
• Installing spyware or monitoring software
• Modifying phone settings to enable tracking
• Using remote access to enable location services

Charges:

• Unauthorized access (PECA Section 3)
• Criminal trespass (PPC Section 441)
• Theft of information (PECA Section 9)

Even If You Have Physical Access: Having access to someone’s phone (spouse’s phone on table, employee’s work phone) doesn’t grant legal right to install tracking without consent.

5. Network Exploitation

Unauthorized Operator Access:

Illegal Activities:

• Bribing telecom employees for location data
• Hacking operator systems for tracking access
• Using stolen operator credentials
• Social engineering operator staff

Consequences:

• Major criminal charges (up to 7 years under PECA)
• Operator employees also prosecuted
• Massive fines
• Potential terrorism-related charges if data used for serious crimes

Recent Case: FIA v. Muhammad Faisal (2023)
Convicted for bribing Jazz employee to access customer location data. Sentenced to 5 years + PKR 800,000 fine.

Legal Consequences: What Happens If You Illegally Track

Criminal Penalties

PECA Violations:

First-Time Offense:

• Imprisonment: 6 months to 3 years
• Fine: PKR 100,000 to PKR 500,000
• Or both
• Criminal record

Repeat Offense:

• Imprisonment: 2 to 5 years
• Fine: PKR 500,000 to PKR 1,000,000
• Enhanced penalties
• Longer parole restrictions

Aggravated Circumstances: If tracking leads to:

• Physical harm: Additional charges under PPC
• Sexual violence: Up to 25 years (PECA + specific assault laws)
• Financial fraud: Additional fraud charges
• Terrorism: Life imprisonment or death (Anti-Terrorism Act)

Civil Liability

Tort of Invasion of Privacy: Victim can sue for:

• Compensatory damages (actual harm suffered)
• Punitive damages (to punish wrongdoer)
• Legal costs
• Injunction against future tracking

Typical Damages in Pakistan:

• Minor violations: PKR 50,000 – PKR 200,000
• Serious violations: PKR 500,000 – PKR 2,000,000
• Extreme cases: PKR 5,000,000+

Professional Consequences

Licensed Professionals:

• Doctors, lawyers, engineers can face bar council sanctions
• License suspension or revocation
• Professional reputation damage

Employment:

• Immediate termination
• Blacklisting in industry
• Difficulty finding new employment

Immigration:

• Criminal record affects visa applications
• Can prevent foreign travel
• Blocks immigration opportunities

Social Consequences

Reputation Damage: In Pakistani society:

• Family honor implications
• Community ostracization
• Marriage prospects affected
• Business relationships severed

Media Exposure: High-profile cases attract:

• News coverage
• Social media backlash
• Permanent online record

How to Track Legally: Step-by-Step Compliance

Step 1: Assess Legal Basis

Ask Yourself:

• Do I own this device?
• Do I have explicit consent?
• Am I the parent of a minor?
• Is this a company device with proper policy?
• Do I have court authorization?

If “No” to All: DO NOT TRACK. Consult lawyer if you believe tracking is necessary.

Step 2: Obtain Proper Consent (If Needed)

Written Consent Process:

For Family Members:

1. Have honest conversation about safety concerns
2. Explain what tracking involves
3. Answer their questions and concerns
4. Get written agreement
5. Document who can access location
6. Establish withdrawal process

For Employees:

1. Draft clear company policy
2. Include in employee handbook
3. Discuss during hiring process
4. Get signed acknowledgment
5. Provide copy to employee
6. Review annually

Step 3: Choose Legal Tracking Method

Recommended Legal Tools:

For Personal Use:

• Google Find My Device (own Android)
• Apple Find My iPhone (own iPhone)
• Google Maps location sharing (with consent)
• WhatsApp live location (with consent)

For Family Safety:

• Network operator family locator (Jazz/Telenor)
• Life360 with mutual consent
• Google Family Link (for children)

For Business:

• Commercial fleet management (with employee notice)
• MDM (Mobile Device Management) solutions
• Company policy-based tracking

Avoid:

• Hidden spy apps
• Unauthorized monitoring software
• Hacked tracking tools
• Apps requiring jailbreak/root

Step 4: Limit Data Collection

Privacy by Design:

• Track location only, not other data
• Collect minimum necessary information
• Set automatic deletion periods
• Restrict access to authorized persons only
• Use secure storage

Step 5: Respect Withdrawal Rights

Honor Opt-Out:

• If consent withdrawn, stop tracking immediately
• Delete previously collected data
• Confirm cessation to person
• Document the withdrawal

Step 6: Document Everything

Maintain Records:

• Consent forms
• Policy acknowledgments
• Tracking purpose documentation
• Access logs
• Deletion confirmations

Why Documentation Matters: If legality questioned:

• Proves you had consent
• Shows legitimate purpose
• Demonstrates good faith
• Protects against false accusations

Special Situations: Legal Gray Areas

Shared Family Phones

Scenario: Phone used by multiple family members.

Legal Status:

• Primary owner can track
• Other users should be informed
• Best practice: Get consent from all regular users

Emergency Tracking

Scenario: Child’s safety at immediate risk.

Legal Status:

• Parental tracking generally permissible
• Emergency overrides some consent requirements
• Document emergency justification
• Return to normal consent framework after emergency

Adult Emergency:

• Cannot track adult family member even in emergency without consent
• Exception: If they’re unable to consent (unconscious) and genuine life-threatening emergency
• Immediately inform them when conscious
• Prepared to justify as emergency

Gifted Phones

Scenario: You bought phone as gift for spouse/partner.

Legal Status:

• Ownership may be disputed
• Courts look at primary user
• Cannot track without consent even if you paid
• Gift transfers ownership

Safe Approach: Discuss tracking before gifting, get explicit agreement.

Company-Personal Phone Mix

Scenario: Employee uses company phone for personal matters.

Legal Status:

• Company can track company device
• Should respect personal time
• Best practice: Provide separate personal device or allowance
• Clear policy on personal use

Reporting Illegal Tracking

If you discover you’re being tracked illegally:

Step 1: Document Evidence

Collect:

• Screenshots of tracking apps
• Phone bill showing unauthorized charges
• Witness statements of stalking
• Photos of person appearing based on your location
• Any threatening messages referencing your location

Step 2: Secure Your Device

Immediate Actions:

• Change all passwords
• Check installed apps
• Reset phone if necessary
• Enable strong security (biometric + PIN)
• Review location permissions

Step 3: Report to Authorities

FIA Cybercrime Wing:

• Website: fia.gov.pk/cybercrime
• Email: complaint.nr3c@fia.gov.pk
• Helpline: 1991
• Visit nearest FIA office

Local Police:

• File FIR under PECA provisions
• Provide evidence collected
• Request protection if needed

PTA:

• Complaint portal: pta.gov.pk/complaints
• Email: complaint@pta.gov.pk
• Phone: 051-9102888

Step 4: Legal Action

Consider:

• Criminal complaint (FIR)
• Civil suit for damages
• Restraining order
• Divorce proceedings if spousal tracking

Hire Lawyer: Cyber law specialist familiar with PECA

Step 5: Safety Measures

If tracker poses physical danger:

• Inform family and friends
• Vary routines
• Consider shelter (for domestic violence)
• Apply for protection order

Conclusion: Track Responsibly Within the Law

Mobile tracking technology is powerful—and in Pakistan, it’s heavily regulated for good reason. The same technology that helps parents protect children, people recover lost phones, and businesses manage operations can also enable stalking, harassment, and serious crimes.

Key Legal Principles:

✅ Your own device: Always legal
✅ With consent: Legal if properly obtained
✅ Your minor children: Generally legal with limitations
✅ Company devices with policy: Legal with proper framework
✅ Court authorization: Legal for law enforcement

❌ Without consent: Illegal and criminally punishable
❌ Stalking purpose: Severe penalties
❌ Commercial misuse: Criminal and civil liability
❌ Unauthorized access: Imprisonment and fines

Final Recommendations:

1. When in doubt, don’t track. Consult lawyer first.
2. Always get consent when tracking adults.
3. Document everything to prove legality.
4. Use official tools (Google, Apple, network operators).
5. Respect privacy even when legally allowed to track.
6. Know your rights if illegally tracked.
7. Report violations to protect yourself and others.

The law is clear: privacy is a fundamental right in Pakistan. Technology should enhance safety, not violate rights. Track legally, track responsibly, and respect the dignity and privacy that the Constitution guarantees to every Pakistani.

Legal Resources:

FIA Cybercrime: 1991 | complaint.nr3c@fia.gov.pk
PTA: 051-9102888 | complaint@pta.gov.pk
Pakistan Bar Council: pbc.org.pk (find cyber law attorneys)
Legal Aid: 051-111-124-124
Live Tracker: LiveTracker.org.pk

Read Full Text:

• PECA 2016: na.gov.pk
• Constitution of Pakistan 1973: na.gov.pk
• PTA Regulations: pta.gov.pk/regulations

Related Articles:

• How Many SIMs Are Registered on Your CNIC? Complete Verification Guide
• CNIC Tracker Pakistan 2026: How to Find All SIMs Registered on Your CNIC
• Jazz Mobile Number Tracker: Complete Guide to Verify Jazz Numbers 2025

Track Legally. Respect Privacy. Protect Rights.