State Minister for Information and Communication Technology Zunaid Ahmed Palak said that the next 10 days have been kept for media workers to give their opinion on the draft Data Protection Act. For this, the revised draft will be published on the website as soon as possible and comments can be given by e-mail there.
He made this call in a meeting held on Wednesday at the Bangladesh Computer Council conference room with recommendations and opinions of journalists and media workers on the draft of the proposed ‘Data Protection Act, 2022’.
Ranjit Kumar Sarkar, Additional Secretary of Law and Policy Department of ICT Division, said that online polls were taken from March 24 to May 8. However, opinions are being taken through continuous discussions with stakeholders. Your thoughtful feedback will be helpful in taking our next steps. NM Zeaul Alam, Senior Secretary of ICT Division presided over the meeting.
State Minister for Information and Communication Technology Zunaid Ahmed Palak said that “This law is being made with the aim of establishing the independence and sovereignty of information. Data is a very valuable resource. So on the one hand there is a need for data privacy protection; On the other hand, we need a classification of data so that we can use the anonymous data in various business cases and government services. Lest no foreign multinational company can use our data without our permission. Basically, I am proposing this law to protect the personal information of citizens and to ensure the freedom and security of information and data. Because in the future, those who can store digital data will analyze and use them; they will be wealthy countries; rich nations.
Presenting the draft law at the beginning of the meeting, Director of Bangladesh Computer Council Tarek M. Barkatullah said, ‘This law is for protection, not for controlling anyone. That’s why we are taking everyone’s opinion to update the law after publishing the draft law on the website. So far 21 responses have been received. I first exchanged views with diplomats on July 17 and then with the United Nations Human Rights Organization on August 1. I am also taking thoughtful advice from the Ministry of Foreign Affairs. It includes any legal person, firm, partnership, company, association, corporation, co-operative society, institution or corporate body. And since GDPR is not applicable in terms of data storage and cross-border data in view of our socio-economic conditions; Adhering to ASEAN’s cross-border privacy rules. I will accept it if it passes the legal analysis.’
Then, at the beginning of the discussion on the draft of the law, when the question was raised about the ‘control’ rule in the security law, the state minister also expressed his agreement and said that there is this word ‘control’ in the foreign law. But we can use ‘management’ or ‘coordination’ in this case to keep the spirit of our law. Being more liberal in the use of words, I can substitute manager for controller. I personally think, if manager is replaced by controller, manager is given instead of controller, we can accept it if there is no legal problem.
The State Minister also said that the data should not go to third parties without the consent of individuals or organizations; We have taken the initiative to make this law for that protection. In that context, there will be a meeting with data scientists and representatives of multinational companies on the draft law.
The law mentions the ‘cross border agenda’ and is not imitating the laws of other countries in making this law. Here we are not following GDPR. Following the ASEAN Cross Border Data Protection Rules. Because, it is not done for specific countries. Also working with multinational companies.
In response to a query, Zunaid Ahmed Palak suggested calling 333 for any advice on cyber security including data security.
Mozammel Haque Babu, president of Editors Guild Bangladesh, suggested forming an ‘independent commission’ on data protection in an open discussion. He said, when we go to various government agencies, they forcibly take our thumb prints. It goes to different places. Today there are so many smart printers that can scan that thumbprint and stamp it and take all my land and deposits. So you make a commission to protect us. Where can I file a lawsuit seeking protection of my information? We don’t know how secure the Election Commission is when it ‘takes biometric data’ like fingerprints, Irish. Again he did not even take our consent. So laws are needed to protect the data of common people.
Stating that the state and the government are not the same, he further said that this law should not be made to protect the devils against the demons. This is how the Digital Security Act has damaged our image in the world. But without paying attention to that, we can understand from Google-Amazon and AdSense on mobile that our personal likes and dislikes information is going to other people. Therefore, before making laws for this, ‘Data Commission’ should be made for data protection. If necessary it can be done after election.
Bulbul, called for taking time to compare the preferences of the parties before going to the parliament after the vetting. He said, we are taking the opinion of the stakeholders to give a comfortable feeling for everyone. Hopefully, the law will be ‘progressive’. But we have bitter experience with digital security laws. We therefore expect the draft law to be brought before us again after its finalization and passage. Because the law is presented in front of the participants, there is a nice touch. But its practical aspect is most important.
State Minister Palak agreed to this proposal. He said, we are making this law for citizens. Not for the benefit of any individual or group. Therefore after the discussion today the revised draft will be published on the web site by changing the words ‘control’, ‘controller’ etc. and adding ‘management’. Anyone can comment on it.
Md. Shahidul Haque, former Senior Secretary of Legislative and Parliamentary Affairs Department and former senior secretary of Legislative and Parliamentary Affairs Department, gave an explanation on various legal issues in the open discussion. Technology Media Guild Bangladesh (TMGB) President Md Kaushar Uddin, General Secretary Morsalin Junaid, 71 TV Senior Reporter Rakibul Hasan, Daily Star Senior Reporter Zaima Islam, NTV Chief News Editor Zahirul Alam, Computer Bichitra Editor Bhuiyan Mohammad Lelin and others spoke in the meeting.
In the speech, it is proposed to include clear clauses or sub-clauses in the law regarding keeping data storage and use for investigative reporting, taking action against them if they violate this law from outside the country, storing lost data in case of mobile phone loss, taking data through apps etc. At the same time, questions are also raised about the necessity or intent of the fourteenth chapter of the draft law. A more logical clarification is also proposed in the use of words in various clauses.
In the President’s speech, ICT Division Senior Secretary NM Zeaul Alam said, if we cannot protect data, our independence and sovereignty may be questioned. This law has been drafted for that. After today it will get some fulfillment. This law will be made by incorporating your views. This will further enhance our global position in cyber security. We will try to make people-friendly data protection laws.
Bangladesh ICT Journalists Forum President Mujahidul Islam Dhew, Channel I Chief News Editor (CNE) Zahid Newaz Khan, News 24 News Editor Shubo Ankur and others were present in this open discussion.