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The Minister of Posts and Telecommunications, Mustafa Jabbar, said this in the context of the High Court’s insistence on stopping the collection and disclosure of his phone call records without any formal requirements and without the knowledge of the client.
He told bdnews24.com that protecting the privacy of personal information has become a huge challenge in today’s world.
When asked what the government is doing, Mostafa Jabbar said: “A section of the law is being amended to control crimes such as recording audio and video on mobile phones and filtering them.”
“An initiative has been taken to amend the Digital Security Act by attaching a section to protect data privacy.”
In one case, the defendant’s mobile call list was rejected as evidence against him.
“We must remember that article 44 of the Constitution guarantees the protection of the privacy of all citizen communications, including letters. Anyone who is interested or wants to be a part of it cannot easily violate it. “
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Mobile phone operators say they record customer calls but not voice.
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However, there are many ways to save call logs in personal applications. Anyone who records contact information with anyone can easily spread it on social media.
Mostafa Jabbar said: “A lot of personal information is being published via social media, the Bangladesh Telecommunications Law of 2010 is being amended to take action in accordance with the law.
“If you want to manage social media, you have to do so in accordance with Bangladeshi law. There will be problems related to financial transactions, security and data. Here we can also move forward in legal terms.”
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Voice Call Record By Not. Mobile Operators
The mobile operator said that under the law, they cannot keep voice call records, only call detail records (CDRs).
Senior officials from various mobile phone operators told bdnews24.com that they provided the information to government officials “in the interest of national security” in accordance with the law.
A CDR is a record of how or who called you a customer. These records are kept with operators for two years under Four-G policy.
Symbolic image: Reuters
An official, who did not want to be identified, said: “Anyone can collect the CDR if they want. No one outside of that list has the power to collect CDRs. ”
He said that even if mobile phone operators do not keep voice call records, some government agencies have the power to record them “in the interest of national security” and can also identify where mobile users are or their movements.
Ashraful Haque, Special Police Superintendent of the CID Cyber Crimes Unit, told bdnews24.com:
“No one else has the power to spread it. However, for the purpose of helping law enforcement agencies, if someone wants to disclose or assist any information that is harmful to the nation, they can do so. “
In law Gap
The Telecommunications Law specifically establishes that in the interest of the security or public order of the State, “No matter what is different from this Law or any other law, for the sake of the security or public order of the State, the Government may, from time to time, authorize any official of the Intelligence Agency, National Security Agency, Investigating Agency or any agency in charge of public order and order the Telecommunications Service Provider to provide general assistance in such work and the operator will be obliged to comply. “
Many see this as an obstacle to protecting people’s personal information.
Symbolic image: Reuters
Sumon Ahmed Sabir, an information technologist, told bdnews24.com: “The way the law establishes the recording of calls, the security of personal information is being violated.
“You can do a lot in the national interest, but it is important to have a check and a balance.”
Citing the example of Japan or New Zealand, he said: “If you want to get a person’s call log or data from the Internet, you must first issue a court order.”
Supreme Court attorney Tanzim Al Islam told bdnews24.com that although there are data protection laws in different parts of the world, Bangladesh does not.
“There is no law that protects even personal information. The government should enact a data protection law. “
Although there is a punishment provision for eavesdropping on the phone, there is also a gap.
Tanzim said: “Under Bangladeshi law eavesdropping is a crime. Article 71 of the Telecommunications Regulation Law also mentions the punishment of illegal wiretapping. But that applies to the individual. If a person taps into someone else’s phone, there will be a punishment.
“Intelligence agencies or law enforcement agencies that are empowered by the government have been acquitted. Now there is no mention of what will happen if any of them misuse it, if it is misused for any reason, it is not mentioned in Nowhere “.
“I think there is a weakness of the law in this place. And this section of the law has become a great protection for them, ”he said.
Highlighting the constitutional rights of citizens, the Superior Court said: “We must remember that Article 44 of the Constitution guarantees the protection of the privacy of all communications from citizens, including letters. Anyone who is interested or wants to be part of he can’t easily rape him. “
“Our constitution makes it clear that the privacy of personal communications is a fundamental right,” Tanzim said. If the privacy of a person’s personal communications is violated here, the High Court may request redress on the fundamental rights issue. If anyone has a chance to test it (privacy violation) “.
[প্রতিবেদনটি তৈরিতে সহযোগিতা করেছেন লিটন হায়দার ও মেহেদী হাসান পিয়াস]
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