The “data protection law” fails to achieve its objectives

In the light of the analysis of acts of this type already in force in 137 countries, it appears that the draft laws have certain shortcomings.

1. The name of the bill is “Upatto Surokkha Ain, 2022”. In English, this is called the ‘Data Protection Act’. The assumption is that the bill is prepared in accordance with the “General Data Protection Regulation” adopted in today’s Europe. And, the word “Upatto (Data)” was taken from “Proshashonik Poribhasha, 2015 (Administrative Terminology, 2015)” published by the Ministry of Public Administration.

Although the words “Data Protection” have been used to refer to personal data, it is not mandatory to use “Data Protection” every time. The UK, Sweden, Malta, Ireland and a few other countries have used the words “Data Protection” in the title of their acts. But at least 60 countries (including Japan, South Korea, China, South Africa, etc.) use “protection of personal information” in the titles of their acts. On the other hand, the word ‘Privacy’ could be seen in the titles of acts of at least 30 countries. Some other countries have used “protection of personal data” in the titles of their similar acts. This means that, despite the differences in titles, the objective of the text is similar, namely the security of personal data.

We can get an idea of ​​what constitutes personal data from Section 26 of the Digital Security Act (DSA) of Bangladesh. For example, name, photograph, date of birth, mother’s name, father’s name. signature, national identity card (NID), birth and death registration numbers, fingerprint, passport number, bank account numbers, driver’s license, e-TIN number, electronic or digital signature, name of user, credit or debit card numbers, voice print, retina image, iris image, DNA profile, security question or any other identifying mark. The collection, sale, occupation, supply and use of these are criminalized by law.

About Sandra A. Powell

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