The Bangladesh Mobile Phone Consumers Association (BMPCA) has proposed including internet access as a fundamental right and ensuring citizen data protection in the country’s constitution. The organization submitted five written proposals to the Constitutional Reform Commission, with these two demands as key highlights. According to the association’s president, Mohiuddin Ahmed, the proposals were sent via email and WhatsApp. He emphasized the inclusion of telecommunications and internet access as fundamental rights under Part II of the Constitution, which outlines citizens’ basic rights (Articles 15–44).
In a press statement released on Wednesday (December 11), Ahmed informed the media about the letter sent the day before. In the explanation provided in the letter, it was argued that Article 43(b) of the Constitution ensures the right to privacy in communication, including letters. However, in the digital age, traditional letters have become obsolete. Instead, privacy for emails, apps, social media, and online data is now imperative. Therefore, alongside letters, the protection of citizens’ online data must also be incorporated. Similarly, ensuring cybersecurity for citizens has become critically important and should be included in the Constitution.
The proposals suggested adding a new provision under the chapter on fundamental rights to declare internet access a basic right for every citizen. The government would be obligated to provide affordable and equitable internet access for all, ensuring equal service quality between rural and urban areas. The inclusion of provisions for personal data protection and digital privacy in the Constitution was also recommended. This would involve establishing guidelines for collecting, storing, and using data by both government and private entities. Citizens’ rights to access, edit, and delete their data would also need to be guaranteed. Moreover, an independent and neutral data protection oversight authority was proposed. Additional recommendations included legislating to prevent discrimination, censorship, and unnecessary surveillance in internet usage and incorporating awareness of data protection and internet rights into the education system.
The statement suggested following international models like the United Nations’ recognition of the internet as a human right and the European Union’s General Data Protection Regulation (GDPR). The association highlighted that, in 2011, the UN Human Rights Council unanimously recognized internet access as a fundamental human right. Prior to this, countries such as Estonia in 2000, France in 2009, and Costa Rica in 2010 had passed legislation affirming internet access as a basic right. Following the UN’s recognition, 42 additional countries acknowledged the internet as a fundamental right. Even the Mexican government, facing public demand, formally recognized internet access as a constitutional right. The association also noted that the International Telecommunication Union (ITU), a UN agency, acknowledges telecommunications and internet services as essential rights.
