In Bangladesh! the right to privacy is recogniz as a fundamental right under Article 43 of the Constitution of the People’s Republic of Bangladesh! 1972. This article specifically provides for the privacy of “correspondence and other means of communication” and the protection of one’s “home against entry! search! and seizure.” While this right is protect! it is subject to “reasonable restrictions impos by law in the interests of the security of the State! public order! morality! or health.”
This constitutional backing means that any form of unauthoriz tracking or interception of telecommunications is generally consider a violation of a citizen’s fundamental rights.
Key Laws Governing Phone Number Tracking and Interception in Bangladesh
Several laws in Bangladesh address various aspects of privacy and telecommunications! outlining when and how phone numbers can be track or communications intercept:
The Bangladesh Telecommunication Act! 2001 (BTA): This is the primary legislation regulating telecommunications in Bangladesh.
Section 30 of the BTA empowers the japan phone number list Bangladesh Telecommunication Regulatory Commission (BTRC) to ensure the protection of the privacy of telecommunications.
Section 67(B) specifically protects telecommunications from interception or divulgence by any third party! making unauthoriz tapping or tracking illegal.
Section 97(A) (introduc in the 2006 amendment)
is a crucial exception. It grants the State the authority to intercept telecommunications on specific grounds! such as national security and public order. This section allows the State to require telecommunication operators to retain records of specific users for the same reasons. This means that government agencies! under strict conditions! best practices for effective telemarketing marketing can legally track and intercept communications.
The BTRC also issues guidelines! such as those for satellite-bas internet services (like Starlink)! which often include provisions for lawful interception! requiring licensees to provide access to designat national agencies for security purposes.
The Cyber Security Act! 2023 (CSA)
This Act replac the controversial Digital Security Act! 2018 (DSA)! but retains many similar provisions.
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- The CSA generally prohibits the collection! selling! possession! provision! or usage of “identity information” of a person without lawful authority. “Identity information” is broadly defin and includes data that can identify a person! such as name! address! NID! fingerprint! voice print! and “any other identification which might be available with the advancement of technology.” A phone number would fall under this.
- The CSA also allows law enforcement officials to conduct searches! seizures! and arrests without warrants when they have “reasonable grounds to believe” that an offense under the Act has been committ or is likely to be committ! or that evidence may be lost. While not direct “tracking” provisions! these allow for access to digital devices and data that might contain location information or communication logs.
- The CSA permits the government to india number list preserve any information sav in a computer if deem necessary for an investigation under the Act.
- The Information and Communication Technology Act! 2006 (ICT Act): This Act lays down offenses relat to breach of confidentiality and privacy! including the disclosure of private information. Section 46 of the ICT Act provides for interception rights to the government in the interests of state security and public order! among others.
- The Penal Code! 1860: Section 509 of the Penal Code explicitly punishes the violation of the privacy of women.
