New Microsoft Word Document

Introduction: The constitution of People’s Republic of Bangladesh is the constitutional document
of Bangladesh. The father of the nation Bangabandhu Seikh Mujibar Rahman shortly after
midnight of 25th March and early hours of 26 March 1971 has given the declaration of
independence. The constitution has adopted 4 November 1972 and effective from 16 December
1972. The constitution provides a parliamentary government, fundamental human rights, freedom
and an independent judiciary. There are 153 articles of the constitution and Part three of the
constitution is about Fundamental Rights.
My research article is 43 of the constitution.
Article 43 of the constitution guarantees the privacy of home and communications.
According to the article 43 of the constitution provides that-
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.
The right of sanctuary in one’s house is the most incident conception of individual liberty and
perhaps the most profound.1 A riffle butt against the door at midnight is not only oppressive and
It is oppressive itself.2 Though the court cannot issue a search warrant on the mere asking of
police and must apply its mind to the facts and circumstances. If the case to be satisfied about
the necessary of the search.3 A warrantless entry does not violate the constitution guarantees
where such warranty is based on the court of a person whom the police att the time of entry
reasonably believed to possess common authority over the premises search.4
1
BOOk;MAhmudul islam.
2
3
4
Analysis with relevant case references:
In “Robson vs Hallet” however, held that a police officer coming to a house on lawful business
has implied license from the owner of the house and should be given a reasonable time to leave
the house before he can be treated a trespasser. 5
Only reasonable restrictions on this right can be imposed by law in the of the security of the
state, public order, public morality or public health.
In HUSSAIN MUHAMMAD ERSHAD VS. BANGLADESH AND OTHERS, II ADC (2005) 371 held that,
Thus no police officer, nor any other public authority can enter in to the house of any citizens and
conduct any search or seizure anything unless he is duly authorized under any law. 6
In “People’s Union for Civil Liberties v. India” Indian supreme court found telephone tapping to
be a serious invasion of an individual’s privacy.7 Such actions in Bangladesh will be illegal and
unconstitutional for violation of the privacy of communication unless a law permits it on any
grounds of the restriction mentioned in article 43 of the constitution.
In the “Marshall v. Barlow’s” American jurisdiction the expression “house” has been given
extended meaning to include the business premises within the protection of the fourth
amendment.8 The language of the amendment permits such as extended meaning.9
Now my research issue is the online communication, whether it is absolutely safe or not in
Bangladesh?
Body:
5
Robson vs Hallet
6
https://www.lawyersnjurists.com/lawyer_ci/case/hussain-muhammad-ershad-vs-bangladesh-and-others-ii-adc-
2005-371
7
http://docs.manupatra.in/newsline/articles/Upload/E90FA90F-0328-49F2-B03F-B9FBA473964F.pdf
8
https://www.courtlistener.com/opinion/109866/marshall-v-barlows-inc/
9
https://www.thedailystar.net/opinion/human-rights/news/bangladesh-steps-the-data-protection-regime-
1726351?browserpush=true
Bangladeshi aspect: The jurisprudence of data protection stems from the right to privacy. Data
protection and privacy are recognized as fundamental rights.10 Every person has “private life”
and it is his right to safe by those communication data. In the modern generation, personal data
have become related reputation much of current online activity. To protect individuals to safeguard
their privacy and protect their personal information from misused by others and it should a right.
The government of Bangladesh has enacted the Digital Security Act, 2018. Digital Security Act,
2018, which is commonly known as the Cyber Security Act in other jurisdictions,to promote
confidentiality, integrity, and availability of public and private information systems and networks
with the goal to protect individuals' rights and privacy. The Digital Security Act, 2018, Bangladesh
has got step into the data or information protection system because of every person’s security.
Before this act there was no absolute right of data protection. Section 26 of the Digital Security
Act, 2018 defines personal data as “identity information”.11 Section 26 provides that an
individual's clear consent must be obtained for collecting, selling, storing or preserving, supplying
or using his or her identity information.12 Section 26 is indicates that if there is no consent then if
a person collect any information or sells,or any other means then it is prohibited by this act. Digital
Security Act, 2018 includes the individual, organizations, private or public body which is
recognized by the law.13It therefore would not be appropriate to be under the impression that
“Bangladesh does not currently have a specific law to govern protection of personal
information or data.14 Every day, a big amounts of information are transmitted by the internet
system. The internet developments is a new thing for Bangladeshi citizen, such as information and
communication technologies, this issue has been challenged because the people of Bangladesh is
not used to for internet. The safety communication, it is a big issue nowadays. To protect of these
difficulties, there has been a wave of data protection laws in different countries of the world since
the 1980s,15 which have tried to safe the personal data of the internet users. The concept of privacy
is relatively new in Bangladesh.16 Although the Constitution of Bangladesh does not explicitly
10
11
https://www.cirt.gov.bd/wp-content/uploads/2018/12/Digital-Security-Act-2018-English-version.pdf
12
https://www.cirt.gov.bd/wp-content/uploads/2018/12/Digital-Security-Act-2018-English-version.pdf
13
https://www.thedailystar.net/law-our-rights/urge-enact-privacy-and-data-protection-law-1527220
14
15
16
mention the word privacy.17 Bangladesh is on the border of threats of privacy and personal data
security. Personal data means like online Facebook, twitter, Instagram, and other social networks.
Before 2018 there was another law regarding this issue which was (ICT) Act of 2006 to bring
proceedings against perpetrators of such intrusion and unauthorized access. The ICT Act has
several loopholes too. Bangladesh should have data protection law to obstacle future challenges of
protecting citizens' privacy. Total 1,417 cases on cybercrime cases were filed between 2012
and June 2017 18 and during that period only 179 of them have been dismissed. 19 The result
shows that a total 19 ICT cases were filed across the country in 2012. 20 In 2016 July this
year alone18 cases were filled at police stations under the Dhaka Metropolitan Police. 21 A
total of 1,417 cases on cybercrime charges were filed with police between 2012 and June
2017 22. during that period only 179 of them have been dismissed. 23 The charge sheets in
748 cases, trials which are still pending, 24 police have arrested 1,492 people in these
years, 25490 cases still under investigation, by to Police. 26. June 2018 in Dhaka 125 people
arrested under this act. 27
The Bangladesh Bank Heist: The hackers got away with one of the biggest thefts in history.28
They got more than $80m. more than 80 millions of dollars stolen from Bangladesh's central
bank via the Federal Reserve Bank of New York, transferred to accounts in the Philippines and
then laundered through the Philippine casino system.29it was all done through online.
17
18
https://www.dhakatribune.com/bangladesh/law-rights/2018/08/10/number-of-ict-cases-on-the-rise-again
19
20
21
22
23
24
25
26
27
28
https://www.aljazeera.com/programmes/101east/2018/05/hacked-bangladesh-bank-heist-
180523070038069.html
29
https://www.aljazeera.com/programmes/101east/2018/05/hacked-bangladesh-bank-heist-
180523070038069.html
Other foreign countries Aspect: USA Supreme Court has include that the Fourth Amendment
protects, against government searches, whenever a person has a 'reasonable expectation of
privacy'. Beside these two countries, many other countries explicitly protect privacy in their
constitutions.30For example, Brazil proclaims that the privacy, private life, honour and image of
people are inviolable. South Africa declares that everyone has the right to privacy and South Korea
announces that the privacy of no citizen shall be violate.31 When privacy is not directly mentioned
in constitutions, the courts of many countries have recognized implicit constitutional right to
privacy, such as Canada, France, Germany, Japan, and India.32
Conclusion: The online communication is new in Bangladesh and most of people of Bangladesh
are not aware of their security. After spreading the internet throughout Bangladesh then the
government has enacted new law in Bangladesh which is ICT act 2006, In 2018 a new act has been
enacted which is regarding this issue. I have shown the accused number which is aforesaid
mentioned. Many people don’t know regarding this issue. But the trail processing is very slow. So
the victims are not satisfied. The accused are increasing day by day in this particular issues.
30
31
32

New Microsoft Word Document

Uploaded by

Copyright:

Available Formats

You might also like

New Microsoft Word Document

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

New Microsoft Word Document

Uploaded by

Copyright:

Available Formats

Introduction: The constitution of People’s Republic of Bangladesh is the constitutional document

My research article is 43 of the constitution.

Article 43 of the constitution guarantees the privacy of home and communications.

According to the article 43 of the constitution provides that-

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.

You might also like