Online
surveillance, interception and collection of personal data have increased vastly
in Bangladesh as the user on internet is increased rapidity in last couple of
years. Online surveillance means close and continuous observation of a person
or group who are under suspicion or the act or observing or the condition of
being observed on online and interception means opening electronic transmission
before they reach to the intended recipient.
However, the government recently plans
to take a variety of projects to tackle growing cyber threats by monitoring
people's online and social media activities round-the-clock. Under a project, a
centre called Cyber Threat Detection and Response Network will be set up and the
government will be able to remove any contents and even block any sites
anytime. It will also track people's activities online. Under the system, all
international internet gateways will be connected with the network and a team
will monitor online activities round-the-clock. The system will also identify
the users who use private internet protocol, project documents show. A similar
cell named National Telecom Monitoring Cell (NTMC) has been working under the
home ministry since February 2014. It conducts interception to help
intelligence and law enforcement agencies in the name of state security. New sophisticated equipment used
under these projects apparently enables the government to keep watch on
internet users 24/7. Thus, it may criminalise online activities and shrink
space for intellectual discourse by promoting self-censorship.
Hence
internet users will be monitored round-the-clock under the secret internet
surveillance technology that has the potential to infiltrate the web and log
people's digital footprint on a mass scale. With these types of technologies,
the lines between mass surveillance and noble intentions of curbing online
radicalisation and reducing cyber crimes can, and most likely will be blurred.
People are at risk of being “monitored” through their personal data and
internet activity regardless of their intention. In addition, these
mechanisms may unreasonably deny citizen’s right and restrict critical
thinking, the questioning of the status quo, and take away from individuals one
of their most powerful weapons — the right to speak freely without fear.
Nevertheless,
the right to privacy is not an absolute right. Once an individual is under
suspicion and subject to formal investigation by intelligence or law
enforcement agencies, that individual may be subjected to surveillance for
entirely legitimate counter-terrorism and law enforcement purposes. However,
there is an urgent need for states to revise national laws regulating modern
forms of surveillance and interception to ensure that these practices are
consistent with domestic and international human rights law and practices. The
absence of clear and up-to-date legislation creates an environment in which
arbitrary interferences with the right to privacy can occur without commensurate
safeguards. Explicit and detailed laws are essential for ensuring legality and
proportionality in this context. State must protect the
privacy of its citizens in compatible with Article 17 of the International
Covenant on Civil & Political Rights (ICCPR) and Art. 43 of the
Constitution.
However,
regarding the right to privacy, the UN General Assembly affirmed that the
rights held by people offline must also be sheltered online, and it called upon
all States to respect and protect the right to privacy in digital
communication. The General Assembly called on all States to review their
procedures, practices and legislation related to communications surveillance,
interception and collection of personal data and emphasized the need for States
to ensure the full and effective implementation of their obligations under
international human rights law. Further, we need to
expand privacy protections that would protect email and physical location from
warrantless searches and to cover buddy lists, drive backups, social networking
posts, Web browsing history, medical data, bank records, face prints, voice
prints, driving patterns, DNA and more.
Collecting
massive amounts of computer-accessible information has become a favourite tool
for governments in the war on terrorism and the frightening reality is that
snooping on emails, Facebook chats and Viber calls is tremendously easy today.
Additionally we must not forget that tech brokers who enable this shadowy
practice are part of a booming industry. Internet surveillance is to tech
companies what wartime is to arms producers and military service contractors –
a propitious time for soaring profits and stock prices. As the relationship
between national security and individual liberties becomes murkier, state
surveillance, policing, and control gain favour globally.
There have been several attempts to
choke free thinking and writing in the cyber sphere. More so because in light
of the absence of internet privacy law, the government has enormous power over
the use of citizens' personal information and internet activity since nothing
demarcates lawful use of user data from its unlawful use. However, a law is
needed to ensure safe online environment for people; not to infringe their
privacy.
