Individual Privacy Act, 2018 (2075) Nepal- A legislative framework

 

The Privacy Act, 2018 of Nepal, officially known as the Individual Privacy Act, 2075 (2018), is a legislative framework aimed at protecting the privacy and personal data of individuals. The act will aligns with the principles established in the Constitution of Nepal, 2015, particularly the right to privacy as a fundamental right under Article 28. Here are the key aspects of the act:



 Key Features of the Privacy Act, 2018

  1. Right to Privacy

    • The Act emphasizes that every individual has the right to privacy, covering personal, family, and confidential information.
    • Unauthorized surveillance, interception, or disclosure of private information is prohibited.
  2. Scope of Privacy

    • Protects the confidentiality of:
      • Personal information (identity, health, finance, etc.).
      • Private communications.
      • Private residences and locations.
      • Digital and physical data.
  3. Data Collection and Usage

    • Organizations collecting personal data must:
      • Obtain explicit consent from the individual.
      • Inform individuals about the purpose, duration, and use of the data.
    • Data collection is restricted to what is necessary for the stated purpose.
  4. Prohibited Activities

    • Publishing, broadcasting, or sharing private information without consent.
    • Misusing private data for fraud, defamation, or unauthorized commercial purposes.
    • Conducting unauthorized surveillance or monitoring of individuals.
  5. Government Surveillance

    • Allows government surveillance under strict legal provisions, ensuring that it does not violate individual privacy unnecessarily.
    • Requires a court order or legal authorization for any surveillance or monitoring.
  6. Protection of Sensitive Information

    • Strict rules for handling sensitive data, such as financial records, health information, and biometric data.
    • Institutions managing sensitive data must implement robust security measures.
  7. Penalties for Violations

    • Violations of privacy rights can lead to:
      • Fines for individuals or organizations.
      • Imprisonment for severe breaches.
      • Compensation for victims of privacy violations.
  8. Digital Privacy

    • Covers digital platforms, ensuring online data and communications are secure.
    • Addresses cybercrimes involving unauthorized access, hacking, or data breaches.
  9. Oversight Mechanism

    • Establishes mechanisms to monitor and enforce the provisions of the Privacy Act.
    • Encourages individuals to report violations of their privacy rights.

Implications of the Privacy Act, 2018

  • For Individuals: Ensures a legal framework to safeguard personal and digital privacy.
  • For Businesses: Requires companies to adopt transparent practices for collecting, storing, and processing personal data.
  • For the Government: Balances the need for security and surveillance with the protection of individual rights.

The Privacy Act, 2018 is a significant step in Nepal’s legal landscape, addressing modern privacy concerns and aligning with global trends in data protection and cybersecurity.

Disclaimer: This article is for informational purposes only and should not be considered legal advice.

Note: This article provides a general overview of the Privacy Act, 2075. For a comprehensive understanding, it is recommended to consult the full text of the Act and seek professional legal advice.