Personal Privacy at Global Risk

Yesterday marked 'Data Privacy Day' or 'International Data Security Day,' observed globally, raising awareness about the importance of securing personal information. Various international organizations have implemented various initiatives to promote awareness regarding the security of personal information. According to the Information Commissioner's Office (ICO) of the United Nations, 128 out of 194 countries worldwide have laws pertaining to information security and personal privacy. Similarly, Article 43 (kha) of our constitution also recognizes privacy rights as fundamental human rights.

However, while our constitution and laws emphasize information security and personal privacy, individual privacy is constantly breached. From intimate phone calls to the proliferation of audio-video content online, personal information is vulnerable and can reach millions of people in an instant. From politicians to ordinary citizens, no one is immune, especially in today's digital age, where personal information is readily accessible to multinational corporations. Additionally, both government and non-government entities collect personal information in various ways. Due to the lack of clear guidelines about what information an individual should disclose or how much information can be demanded, the privacy of personal information is under considerable threat, according to experts in social and digital security.

A few days ago, a leaked telephone conversation involving former Information Minister Dr. Murad Hassan created quite a stir. The incident led to his eventual resignation. Similar incidents of leaked phone conversations involving various political leaders have occurred before. It's not just phone calls; the advancement of communication technology has enabled the widespread sharing of various types of information, including audio and video, in an alarming rate. The investigation into Dr. Murad Hassan's leaked phone call from two years ago is still ongoing, led by law enforcement agencies. Recently, the trend of leaking phone conversations has surged among politicians, and even ordinary individuals are resorting to various apps to avoid discussing sensitive matters over the phone. Alongside concerns about security and privacy, there is ongoing debate within the political arena regarding the legal aspects of these issues.

How Personal Privacy Is Breached

Personal privacy is breached in various ways, starting from close acquaintances. Firstly, there's a decline in the perception of security regarding the protection of personal information worldwide. People tend to reveal a lot of information, both knowingly and unknowingly, often with a misplaced trust in the security of digital platforms.

Research shows that personal privacy is most often compromised by those closest to us. If not through hacking or leaks, personal matters often find their way online through various social media platforms or are exposed due to threats. Breakups between spouses, partners, or lovers, for instance, can result in one party sharing personal photos or videos online out of revenge. Additionally, personal matters are sometimes exploited and used to mentally harass individuals. In some cases, even without their knowledge, hackers can expose any piece of personal information online. We regularly share a significant amount of personal information on platforms like Facebook and other communication mediums. This can inadvertently expose our privacy. Moreover, personal data such as phone numbers, emails, and bank account numbers are shared in various ways with different multinational corporations. Self-interest and greed prompt individuals and organizations to utilize personal information for commercial or personal gains. Often, individuals willingly share all sorts of information inspired by their self-interest. Analyzing this data, those organizations gain insight into individuals' minds, often better than the individuals themselves.

What Does Bangladeshi Law Say About Personal Privacy?

Recording someone's personal phone call and sharing it without their consent is illegal in Bangladesh, as per the constitution and prevailing laws, unless authorized by the government. According to Article 43 of the constitution, every citizen has the right to privacy of correspondence and other means of communication. Furthermore, Section 71 of the Bangladesh Telecommunications Act explicitly mentions that intercepting telephone conversations without the permission of both parties is a punishable offense. It states that if anyone intentionally intercepts any message intended for another person through telephone, that person shall be punishable with imprisonment for a term not exceeding two years or with a fine not exceeding five crore taka or with both.

However, these laws come with certain conditions. Under Section 97-K, these provisions will not apply to agencies appointed by the government for national security, law enforcement, or investigative purposes. In other words, government agencies have the legal authority to intercept phone conversations for national security and law enforcement reasons, but this requires authorization from the Minister or State Minister of the Home Ministry. While the law specifies who can be intercepted, for how long, and under what circumstances, it lacks clarity on these aspects.

Experts in social and digital security argue that governments have the authority to intercept communications for the sake of national security. Every country in the world has laws concerning this, particularly post-9/11, when countries worldwide shifted their focus from traditional notions to safeguarding national security interests. Although these laws do not make such interceptions acceptable in principle, they do extend the reach of governments to monitor individual communications, especially in the context of national security and public order. Nevertheless, it is not permissible to use these laws for personal or political gains.

The proliferation of leaked personal phone calls in our society has generated significant curiosity and discussion. However, these incidents should not be sensationalized, and such activities should be discouraged, according to experts. While these legal matters are complex, the leakage of personal phone calls continues to be a concern. Prominent politicians, public figures, and ordinary individuals alike have experienced personal conversations being leaked to the public.

It is essential to raise awareness about the importance of personal privacy and information security. Individuals should be educated about the risks associated with sharing sensitive information online and over the phone. Organizations and government agencies should also take steps to ensure that they handle personal data responsibly and securely, following established legal and ethical guidelines. Moreover, there is a need for clearer and more comprehensive laws and regulations that govern the collection, storage, and sharing of personal information in the digital age.

Overall, while personal privacy is undoubtedly at risk in today's interconnected world, individuals and societies can take steps to protect their information and advocate for stronger privacy protections to safeguard their fundamental rights.