Summary
Perception study on
Privacy Rights
VOICE
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Context
• Article 43 of Bangladesh Constitution. Protection of
home and correspondence,
• Every citizen shall have the right, subject to any
reasonable restrictions imposed by law in the
interests of the security of the State, public order,
public morality or public health:
1) to be secured in his home against entry, search and
seizure; and
2) to the privacy of his correspondence and other
means of communication.
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Right to Information Act, 2009
Right to, Preservation of, Publication of and
Access to Information-Chapter 2
• any such information that may, if disclosed, endanger the
security of public or impede the due judicial process of a
pending case;
• any such information that may, if disclosed, offend the privacy
of the personal life of an individual;
• any such information that may, if disclosed, endanger the life
or physical safety of any person;
• any such information given in confidence to any law
enforcement agency by a person;
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International obligations
The Universal Declaration of Human Rights 1948
Article 12 “No one should be subjected to arbitrary interference
with his privacy, family, home or correspondence, nor to attacks
on his honour or reputation. Everyone has the right to the
protection of the law against such interferences or attacks.”;
The International Covenant on Civil and Political Rights
1966
Article 17; i). No one shall be subject to arbitrary or unlawful
interference with his privacy, family, home or correspondence,
nor to unlawful attacks on his honour and reputation.
ii). Everyone has the right to the protection of the law
against such interference or attacks.
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European Convention for the Protection of
Human Rights and Fundamental Freedoms 1950
(1) Everyone has the right to respect for his private and family
life, his home and his correspondence.
(2) There shall be no interference by a public authority with the
exercise of this right except as in accordance with the law
and is necessary in a democratic society in the interests of
national security, public safety or the economic well-being of
the country, for the prevention of disorder or crime, for the
protection of health of morals, or for the protection of the
rights and freedoms of others.
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Human rights situation from
Privacy perspective
• Human rights defenders and media
professionals, politicians were regularly
monitored, threatened and intimidated by
different State and corporate agencies.
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Objectives of the perception study on
Privacy Rights
The objectives of the study :
• to collect people’s views, experiences and
perceptions on privacy rights;
• to draw people’s understanding on legal
framework of privacy;
• to accumulate problems and examples of
violation of privacy rights.
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Methodology
Methodologies have been followed as below:
•
•
•
•
•
Conduct survey through questionnaire,
Insights from public meetings with different stakeholders,
Face to face meeting,
Focus Group Discussion,
Desk research;
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Survey data collected from 500 adults
Internet users
• The perception study was conducted among
500 urban people who regularly use internet.
• Respondents were as development workers, IT
businessmen, journalists, human rights
activists, ICT activist, political activists,
government officials and students.
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Major findings
Sharing personal information
• Respondents were asked to identify chronology
of their personal information on priority basis.
• The highest numbers of respondents (83%) feel
uneasy to share very personal information (e.g.
sexual desire) to others.
• 79% identified that income is their 2nd most
priority issue that they do not want to disclose.
• 75% people do not like to share information
about their own resources.
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Information use for state and commercial purposes
• 44% does not like to disclose address while 41%
does not like to share health related information to
doctors, even,
• 15% people does not want to share information
about religious, job and education status.
• 75% said that government institutions, mainlyPolice, Rapid Action Battalion (RAB), Population
Census Department, Statistics Department asked
information whom they do not know at all.
• 35% answered that private companies (mobile phone
companies, Banks and Life Insurance companies)
searched information for their business purposes .
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Protection and national security
Machine using for security
• 80% respondents emphasized applicability of scanning
machine for security reason. 20% does not support body
scanning as a tool of security.
Information collected for VISA purpose
• In response to the question on securing information in VISA
application 38% people said that they never think on it.
20% thinks information can be misused.
• 52% respondents said that information would be unsafe.
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Finger Print and in-person photo
In regard to the question on using finger print and in-person
photo taking for issuing passport, only 20% respondents think
that finger print is necessary for the national security. 50%
respondents said that information given for passport can be
used for another purposes.
Means of violation of Privacy rights
40% respondents said their privacy has threatened by mobile
phone companies. 18% people said that their privacy has been
violated by the national security agencies while 40%
respondents identified newspaper as a threat to privacy. 20%
does not feel any threat on their privacy.
Information for Voter ID card
80% respondent thinks that information which they’ve already
given for Voter ID card/National ID may not be preserved in a
proper way.
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Protection of Personal Information
In response to the question about protection of
personal
information,
92%
respondents
supported
the
protection
of
personal
information. Only 6% said that they do not have
clear perception on it and 2% said there is no
need to protection of personal information.
Law for protection personal information
• 67% respondents reveal the importance of legal
framework (e.g. data protection law) where as
only 8% found it insignificance .
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• Responsibility of protection of personal
information
83% respondents think that State shoud be
responsible to protect privacy rights while 4% do
not agree on this. 18% people said that they do
not think on this issue.
• Commission for privacy rights
73% respondents urged the importance of
privacy commission. In contrast 27% does not
think the necessity of establishing another
commission.
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• Tapping calls
In response to the question about mobile-tapping, 65%
respondents are against of it and only 28% find it is
necessary for security reason. 18% said that they do not
have any idea about mobile-tapping law.
• Online (e-mail) surveillance
65% respondents do not support any form of surveillance.
They do not like to be surveyed /open their conversations
and online communications (e.g. email) to others. They
consider it as a threat to privacy. 17% respondents consider
the necessity of such surveillance.
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Limitations
• The study was conducted only among urban
internet users,
• Privacy is assumed as a very sensitive issue
and there is a dilemma to speak up openly.
• Many found reluctant and non-interested to
spend time to talk over privacy rights issue.
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Recommendations
Following recommendations have come out from the
study findings.
• There is a strong need to build public awareness and
broader constituency on privacy rights issue.
• Continuous policy discussion and stronger advocacy is
necessary on privacy rights.
• Media needs to be oriented and should be very active to
promote privacy rights,
• Government should review existing laws (tele-tapping
law, Telecommunication Act , Right to Information Act)
having broad consultation with citizens.
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Recommendations
• Any personal data collected by State agencies and
private companies should be preserved by their
respective privacy policies, and personal data can not
be used/disclosed for any purposes without prior
consent of the individual.
• Law enforcement agencies/ private companies
should stop online surveillance to protect its citizens
from being violated f human rights. They should also
be under government’s oversight.
• Formulation of data protection law and establish a
Privacy Commission is necessary for citizens’ right to
privacy.
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