Almost no data is safe today due to unfettered surveillance of the internet. Mobile networks, apps, e-mails, social media, search engines -- all internet-related services keep track of our activities. Knowingly or unknowingly, we are forced to be tracked by these institutions. Protecting personal data is essential to stay safe in an online world.
These institutions are constantly violating human rights such as the right to personal data privacy.
We create a constant stream of information in our daily lives. According to the government, the number of current internet users in Bangladesh is 13 crore, and the number of mobile users is around 16.5 crore. Today we spend most of our lives on the internet and connected devices. Yet few people are aware that vast amounts of personal data are being collected and shared from the devices and online services we use.
This information may be stored indefinitely, and our personal data can be used for our benefit or otherwise indiscriminately. It has even been found that sharing data online has been used to infer one's socio-economic status (eg, sharing one's favourite restaurant or items one has purchased online).
Data protection was first introduced in 1981 by the Council of Europe at “Convention 108”. It is the first international treaty on privacy and data protection. Currently, 137 countries around the world have domestic laws on personal data protection or data privacy.
Many domestic and foreign companies are taking advantage of the absence of strong laws in our country and keeping track of the personal data of their users and customers. They are selling this consumer data for profit. Consumers need to understand the actual value of their data and how this information is being collected, used, and shared. They need to know how to manage their data properly.
Article 43 (b) of the Constitution of Bangladesh recognizes the protection and privacy of individuals' data as fundamental rights. At the same time, under Section 63 of the Information and Communication Technology Act 2006, disclosure of personal data without permission is punishable with imprisonment for a term not exceeding two years, with a fine not exceeding Tk200,000, or with both.
According to Article 12 of the Universal Declaration of Human Rights (UDHR), there shall be no arbitrary interference with anyone's privacy. Moreover , Article 17 of the International Covenant on Civil and Political Rights (ICCPR), and Article 16 of the Convention on the Rights of the Child, 1989, also recognize privacy as a right. That means it is the responsibility of the state to ensure the protection of the individual's data in accordance with human rights and the constitution.
However, there is no clear action in any law of Bangladesh regarding protecting citizens' data. The hope is that currently, the government has drafted the Data Protection Act 2022 (DPA). However, various organizations and members of our civil society have already expressed concerns about the proposed law's provisions and how effective the provisions will be in data protection.
Moreover, the United Nations (UN) has also objected to several provisions of the DPA. The UN has expressed concerns about the negative impact on human rights in some provisions of the draft law and made recommendations for changes.
Therefore, the authorities responsible should consider the concerns of the United Nations, human rights organizations, and our people, so that the protection of citizens' data is properly ensured by this law.
It must ensure that individuals have maximum control over the collection, storage, processing, dissemination, and use of personal data by public and private institutions.
Bangladesh, like many other countries, needs to have a strong legal framework for personal data. There should be laws so that a citizen's right to privacy may not be violated without full disclosure and for the profit of online organizations
Public awareness is also needed to comply with the laws; as such crimes cannot be stopped through the law alone. Heinous crimes like the violation of personal data can be controlled if people are aware of their moral values and digital rights.
Md Harisur Rohoman is a freelance contributor.
