Privacy Law at Bangladesh
As of April 2025, Bangladesh has made significant strides in establishing a legal framework for personal data protection. The Personal Data Protection Act, 2023 has been approved in principle by the Cabinet and is undergoing finalization. This legislation aims to regulate the collection, processing, and storage of personal data in both public and private sectors, aligning with international standards.
📜 Key Provisions of the Personal Data Protection Act, 2023
1. Consent and Lawful Processing
Personal data must be processed lawfully, fairly, and transparently Explicit consent from individuals is required before collecting or processing their data, except in cases involving government functions, legal obligations, or specific personal matters Organizations must maintain records of consent and processing activities
2. Data Subject Rights
-Individuals are granted rights to access, correct, erase, and restrict the processing of their personal data They also have the right to data portability and to object to certain types of data processing
3. Data Localization
-Critical personal data must be stored and processed within Bangladesh's borders Cross-border data transfers are permitted under specific conditions, ensuring adequate protection for the data
4. Data Protection Authority
-The Bangladesh Data Protection Authority is established to oversee and enforce the Act The Authority has the power to conduct audits, issue guidelines, and impose penalties for non-compliance
5. Penalties for Non-Compliance
-Administrative fines can reach up to BDT 50 million for serious violations Criminal penalties include fines and imprisonment for intentional violations, false information, or obstruction of investigations
⚖️ Criticisms and Calls for Reform
Despite the progress, the draft Act has faced criticism from organizations like Transparency International Bangladesh (TIB) and ARTICLE 19, Concerns include
Vague Definitions:The term "personal data" is not sufficiently defined, potentially leading to misinterpretation
Oversight Mechanisms:The proposed Data Protection Authority may lack the independence necessary to effectively oversee data protection practices
Potential for Misuse:There are fears that the Act could be used to justify surveillance or restrict freedom of expression under the guise of data protection, Advocates are calling for clearer definitions, judicial oversight, and stronger safeguards to ensure the Act upholds citizens' privacy rights without compromising other fundamental freedoms.
🔄 Current Status
The Act is in the final stages of approva.A public consultation on the associated regulations was held in January 2025, and the final draft is expected to be presented to Parliament soo
✅ Summary
Bangladesh is on the cusp of implementing comprehensive data protection legislation with the Personal Data Protection Act, While the Act introduces essential provisions for safeguarding personal data, ongoing discussions aim to address concerns regarding its definitions, oversight mechanisms, and potential implications for fundamental right.
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