TIB, Article 19 concerned over draft PDPA

Transparency International Bangladesh (TIB) and Article 19 have expressed concern over some provisions of the drafted Personal Data Protection Act (PDPA), 2024 as they pose a risk of undermining fundamental human rights.
Both TIB and Article 19 also called for establishing an independent Data Protection Authority and stressed requiring judicial oversight for access to personal data.
They made the observations at a press conference at TIB's office in the capital on Sunday. TIB and Article 19 jointly organised the press conference.
The then outgoing cabinet of Bangladesh approved the draft of the Personal Data Protection Act, 2024 (PDPA) on November 27, 2023, immediately before the 12th general election.
In their review report released at the event, both organisations said they are concerned that more than the protection of personal data, the drafted PDPA 2024 continues to be a potential tool to legalise control of personal data by the government, especially by some state agencies, including the proposed Data Protection Authority, which, as per the current draft remains in government control.
TIB and Article 19 also hold the view that the draft law provides the scope for more substantial and systematic surveillance in society by state agencies by using personal data for which the draft provides unaccountable authority without judicial oversight, which may lead to violations of the fundamental rights of individuals.
Section 10(2-d) of the draft law stipulates that personal data can be accessed from any data processor to ensure national security or to prevent/identify/investigate any crime. The process of such access will be determined by rules formulated by the Data Protection Board, which is effectively another institution firmly under the government's control, according to their review.
"In the absence of judicial oversight and an independent DPA, this provision effectively frustrates the very objective of a data protection law by making ways to access personal data and further strengthening the surveillance apparatus," they stated.
TIB executive director Dr Iftekharuzzaman said the draft law, which has been approved by the Cabinet, has positively considered several suggestions from the TIB and other stakeholders. As a result, the draft Personal Data Protection Act 2024 is in a better position than before".
"Yet, the concerns of the general people persist, rooted in apprehensions about the potential misuse of laws for control and surveillance under the guise of safeguarding personal data", he said.
Terming the draft PDPA as a step towards data protection in Bangladesh, TIB urged the government to strengthen the PDPA's foundation in fundamental rights.
The organisation also urged the government to narrow the scope to focus on personal data and revise data localisation provisions or remove them entirely.

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