E-Surveillance Vis-à-Vis Digital Privacy Rights under the Information and Communication Technology (ICT) Act- 2006: Inquesting of New Hope or Hype?

Abstract

The sophistication of science and technologies has profoundly altered the way of social life. This also led to a paradigm shift in the methodology of taking preventive measures for conforming security, both nationally and transnationally throughout the world. The newly adopted Information and Communication Technology (ICT) Act- 2006 [Act No. 39 of 2006] has raised new controversies relating to constitutional and privacy issues in Bangladesh by allowing the law enforcement agents to impose electronic monitoring as well as other types of technologicallyaided surveillance software for the purpose of intruding conversations of the citizens of Bangladesh on the whole. This processing of personal information by dint of wiretapping by the security officers intersects with a very basic notion of individuals‟ data privacy, „protection of home and correspondence‟ and „Protection of right to life and personal liberty‟ which were protected by the Constitution of Bangladesh to some extent. With latest legislative and judicial supports thrown on the right to data privacy of individuals, questions now emerge on whether this support to privacy right will be short-lived by the newly-passed ICT law, which legally introduce the power of electronic surveillance in Bangladesh? This paper seeks to initially explore this intersection and to outline the roadmap for better legal development in Bangladesh.