Russel & Partners deals with high-profile clients for data protection and so on. They often require obtaining Data protecting legal knowledge and bindings. Our lawyers assist them in preparing the necessary documents and advise them about the legal issues that may arise from such transactions.

Protecting personal data in the modern world is a complicated and contentious issue, especially when there is increasing evidence, not just spyware and surveillance technology, accessing our data in the most insidious ways. 

Data Privacy:

Data Privacy is defined as having a fundamental role in case of protection from intrusion and information gathering by others. Due to the adversity of data theft and other negative consequences, consumers are becoming more conscious of data privacy.

With the improper use or inadequate protection of consumers’ privacy; numerous issues can arise and further affect a consumer. Individuals face multiple complexities and ethical issues regarding data privacy and its security.

Data Protection:

Data protection, security, and information privacy are all identical. It is a set of strategical processes upon which Data privacy is secured, availability, and integrity built. A data protection strategy is the vital element for any person or organization that collects, handles, or stores sensitive data.

For Data protection, some significant steps to follow are – data should be accurate & up to date, adequate, relevant, and excessive, not kept longer than necessary, securely kept, etc.

Legal Framework & Legislation:

• The Constitution of The People’s Republic of Bangladesh – Does not expressly grant the right to privacy. Still, the court has read some, such as Freedom of thought & conscience, Freedom of speech under article 39, and right to life & personal liberty Under article 32.

• The Information Technology Act 2006 – provides legal recognition of electronic data interchange and imposes responsibility for a person or corporation that is possessing, dealing, or handling any sensitive personal data or information.

• The Digital Security Act 2018 – This Act passed to ensure national data security and develop laws regarding data crime identification, prevention, suppression, trial, and other related matters. In addition to that, it has also been entrusted with the authority to formulate and issue data protection guidance as and when required. Digital Crime Identification, Prevention, Suppression, Trial and other related matters. This Act also contains provision protection of Identity Information.

• The Telecom Act 2001 –This is the only set of law that regulates electronic communication between two parties. Under Section 67(b), no person shall intercept any radio communication or telecommunication nor utilize or divulge the intercepted communication. Such an act is punishable with imprisonment for a term not exceeding three years or a fine not exceeding BDT 300,000.

• The Contract Act 1872 – This law applies to the data protection issue that the contractual relationship between parties has generally governed. Parties are free to enter into contracts to determine their relationship in defining terms related to personal data, sensitive personal data, data that may not be transferred out of or into Bangladesh, and the mode of handling the same.

• The Consumers’ Right Protection Act 2009 – Section 52 and section 53 of this provision implicitly impose responsibility over the person or body corporate that is possessing, dealing, or handling any sensitive personal data or information for the consumer to implement and maintain reasonable security practices to avoid the wrongful loss or wrongful gain to the owner of such data.

• The Penal Code 1860 – This Act was adopted as a means of effectively preventing data theft. Offenses such as misappropriation of property, theft, criminal breach of trust, and computer databases can be protected under the Penal Code, as they are movable by their very nature.

• The Copyright Act 2000 –It protects intellectual property rights in literary, dramatic, musical, artistic, and cinematographic works. The term ‘literary work’ includes computer databases as well. Therefore, copying a computer database or copying and distributing a database amounts to copyright infringement for which civil and criminal remedies can be initiated.