Right to Privacy bill of Nepal

The Right to Privacy bill has been drafted by the Nepal Law Commission ensuring various conditions and aspect of safeguarding the Right to privacy of General public in context of safeguarding the constitutional Rights. The first draft is out and will be enacted by the Parliament by September 19, the deadline set by the constitution. Some of the issues covered are given as below:

1. Safeguarding the right to privacy of the general public there is a provision of  jail sentence up to three years or fine up to Rs 30,000 or both for violating individual’s right to privacy.
2. The Article 28 of the constitution has been thumb nailed, ” The privacy of any person, his or her residence, property, documents, data, correspondences and matters related to character shall, except in accordance with law, be inviolable ensuring aggrieved parties for reasonable compensation.
3. The individual’s private details kept with government bodies shall not be publicized without consent. It prohibits publication of individuals’ personal details such as citizenship, passport, driving licence, academic qualifications, medical report, bank details including cheque, draft, thumb print, land ownership certificates, pension and voter identity card without consent. The bill also proposes to keep individuals’ property, income, political affiliation, election and business confidential. However, the bill proposes that the government can publish details of public officers’ property in the gazette. Details related to public officers’ posts, duties and terms and conditions of service cannot remain confidential.
4. It prohibit unrelated persons from reading or publishing other’s letters and emails.
5. Prohibits taking individual’s photo without his/her permission and recording telephone conversation between individuals without their consent.
6. It prohibits unreasonable search and seizure of individual’s house and installation of CCTV cameras in others’ houses without the owners’ permission. Letters written by individuals will also be confidential unless the person gives up his/her right and the government has valid reasons for sharing those details with others.
7. It prohibits recording conversation or exchange of letters between two persons but such restriction will not apply to conversations already made public.
8. Trespassing into others’ property will be a violation of right to privacy.

Article 28 of Constitution of Nepal states, “Right to privacy: The privacy of any person, his or her residence, property, document, data, correspondence and matters relating to his or her character shall,
except in accordance with law, be inviolable. ”

Suggestion and recommendation

1. The bill lacks the proper management of Data protection and governance in context of user data and BIG data management which is immensely important and should be a priority
2. Data in context of public place and  CCTV needs to be defined in a more practical way giving emphasis to safeguarding personal right
3. The concept of open data needs to be standardized practice and  as per international values