Bangladesh’s new data protection law risks right to privacy

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Dhaka, Bangladesh (CU)_ In response to the Government of Bangladesh’s proposed framework of the “Data Protection Act, 2022,” Saad Hammadi, South Asia Campaigner at Amnesty International, voiced his disapproval. He stated, “The draft of the proposed Data Protection Act which has opened for public feedback is a dangerous bill that is aimed at usurping people’s right to privacy in Bangladesh”.

Hammadi explained the bill. He said, “The Bill uses vague and overbroad provisions to enable and legitimize intrusive actions by authorities such as granting access to encrypted communication on personal devices physically or remotely. It violates an individual’s rights solely on the basis of pre-empting a law-and-order deterioration without adequate justification”.

Hammadi further detailed the bill. He said, “The Bill exempts authorities from civil, criminal and any other legal proceedings for harms caused to people in the course of its actions. Keeping in mind how existing laws like the Digital Security Act have led to gross human rights violations in the past, the proposed bill is the newest addition to an insidious pattern in which the government wants to control the digital lives of people”.

Hammadi added, “Instead of breaking away from ambiguity in laws that promote repressive actions, the proposed bill violates Bangladesh’s constitutional and international obligations including the International Covenant on Civil and Political Rights, to which it is a state party”.

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Saad Hammadi concluded his statement saying, “We call on Bangladesh’s government to ensure public ownership, participation, transparency and protection of people’s right to privacy and right to information in the law and that no one including the authorities are exempted from accountability for human rights violation.”

The proposed “Data Protection Act, 2022” intends to significantly erode people’s privacy rights and relieves authorities of all accountability for physically or remotely accessing people’s personal data. According to the proposed law, it will outweigh all current laws, superseding Bangladesh’s Right to Information Act, 2009, which is a major instrument protecting people’s right to information in the modern day.

With ambiguous and overbroad terms such as protection of the spirit of liberation war, state sovereignty, and friendly ties with other nations, the government has retained the authority inside the bill to provide whatever instruction it deems suitable. Amnesty International’s detailed response to the proposed Data Protection Act, 2022, containing suggestions is available in its official website.

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