Establishing an Effective Privacy and Data Protection Law in Nepal

21 Pages Posted: 25 Jul 2018

See all articles by Mahesh Aryal

Mahesh Aryal

Chandigarh University - Law School, Students

Date Written: June 10, 2018

Abstract

Rapid developments of technology in Nepal over the last 10 years have made it very easy to use personal information or data for inappropriate uses. Moreover, the laissez-faire attitude of Nepalese governments to privacy issues has allowed the improper use of personal information to not only increase but also become flourish. Even though Nepal has witnessed massive and rapid enactment of laws and regulations and the law-makers did not pay enough attention to privacy and information protection issues. For example, both the right to privacy and the privacy protection legislation have been ignored until now. Although, after 2003, to the Criminal Law of the Draft Code and Electronic Transaction Act 2006 proposes to add a provision to protect privacy but did not apply the word privacy, the loopholes of this provision are still obvious. Both the legal subjects and the scope of the protection are not sufficient that some serious privacy problems still exist in Nepal. First, individual’s privacy is still placed at risk because the authorities and businesses have no standards to provide effective protection for personal information that they are keeping; second, authorities are able to exchange personal information freely without legal supervision; third, new information technology will continue to be introduced into Nepal; and so on. In consequence, the privacy interests of people have not been well protected so far and constitutional guarantee of Right to Privacy is not felt by the citizen.

JEL Classification: Data protection, Constitution of Nepal, Draft code, Electronic Transaction Act 2063

Suggested Citation

Aryal, Mahesh, Establishing an Effective Privacy and Data Protection Law in Nepal (June 10, 2018). Available at SSRN: https://ssrn.com/abstract=3193736 or http://dx.doi.org/10.2139/ssrn.3193736

Mahesh Aryal (Contact Author)

Chandigarh University - Law School, Students ( email )

India

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