Overhaul surveillance, privacy laws: experts
Bangladesh’s constitutional and legal framework enables state surveillance and fails to protect citizens’ privacy and data rights, experts said at a roundtable discussion yesterday.
The event titled “A New Digital Vision for a New Bangladesh” was organised jointly by Tech Global Institute and The Daily Star at the capital’s The Daily Star Centre.
Shahzeb Mahmood, head of Research, Legal, and Policy at TechGlobal, said a combination of at least four laws and over a dozen regulatory guidelines allow law enforcement agencies to monitor citizens. He also pointed out that Bangladesh lacks robust laws to safeguard individual privacy and data protection.
The entire legal infrastructure related to freedom of expression needs to be overhauled. No authority should come into power that criminalises public voices.
Mahmood cited laws such as the Competition Act, 2012, Consumer Rights Protection Act, 2009, Digital Commerce Operations Guidelines 2021, and Bangladesh Mobile Financial Services Regulations, 2022, saying these regulations are not suitable for the digital ecosystem and often encourage anti-competitive practices.
Iftekharuzzaman, executive director of Transparency International Bangladesh, highlighted how the previous authoritarian government criminalised freedom of expression, dissent, and privacy rights to maintain power.
“The past regime’s strategy involved first eliminating or neutralising political opposition. Then they targeted dissenting voices and the media, creating a system to suppress them using various laws,” he said.
Iftekharuzzaman stressed the need to overhaul the entire legal infrastructure related to freedom of expression. “No authority should come into power that criminalises public voices,” he added.
He said the former regime’s actions created opportunities for power abuse, illicit wealth accumulation, and money laundering. He described a system in which a political, bureaucratic, and business syndicate colluded to protect the regime and its illicit gains.
For immediate actions, Iftekharuzzaman suggested that the interim government should evaluate the need for multiple security agencies, including the National Telecommunication Monitoring Center.
“In the name of these security agencies, the government has mainly undermined the people’s security,” he said, calling for the immediate destruction of spyware like Pegasus, allegedly used by the NTMC for citizen surveillance.
Barrister Sara Hossain urged the government to identify websites spreading fake videos, leaked calls, and rumours, many of which are allegedly sponsored by security agencies or foreign entities. She also advocated for the withdrawal of cases under the Cyber Security Act and Digital Security Act, as well as certain cases filed under ICT laws.
Shahidul Alam, founder of Drik Picture Library, criticised the lack of transparency regarding data collection and use.
“As individuals, we were never informed about how our data is being preserved or used, and what measures would be taken against misuse,” he said, emphasising the need for public awareness around data protection.
Huma Khan, senior human rights advisor at the UN Resident Coordinator’s office in Bangladesh, said, “The issue of misinformation is worsening, and it could blind an entire nation.”
She stressed the urgent need to address this issue before it further destabilises the society.
Fahim Mashroor, CEO of Delivery Tiger — a courier marketplace — emphasised the importance of individual data ownership and empowerment, referring to personal data as an asset.
“I could sell my data to a commercial company, but there is no mechanism for that in this country. Facebook and Google are using my data, but we [locals] don’t have the same opportunity,” he said.
Mashroor also highlighted the misuse of National ID cards, saying people are exploiting the ability to purchase up to 15 SIM cards under a single NID for activities like black market investments and online gambling, often without the NID holder’s knowledge.
Fahim Ahmed, CEO of Pathao, called for a system that allows consent-based data sharing between businesses, the government, and other organisations.
Mubin Khan, deputy editor of The Business Standard, emphasised the role of media, NGOs, and fact-checking organisations in promoting digital literacy. He highlighted the importance of teaching people about their privacy rights and how to recognise misinformation.
Zyma Islam, senior reporter at The Daily Star, called for a reevaluation of the surveillance systems run by security agencies like NTMC, DGFI, and NSI.
“Our government has used intelligence agencies to illegally access citizens’ data and sometimes harass them. This practice must not continue in a new digital Bangladesh,” she said.
The roundtable was moderated by Tech Global Institute Founder and Executive Director Sabhanaz Rashid Diya and Tanjim Ferdous of The Daily Star. Other speakers included Global Voices regional editor Rezwan Islam, BLAST Advisor Ahmed Ibrahim, PhD candidate at Cambridge University Safir Abdullah, and Barrister Tazkia Labeeba Karim.
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