Digital privacy in Nepal is becoming an increasing concern as the country continues to develop its technological infrastructure and more people engage in online activities. With the rise of internet use, social media, and e-commerce platforms, there is a growing need for robust digital privacy laws to protect citizen’s personal information and secure their online interactions. Online privacy breaches have risen significantly over the years. In Nepal, there is no single law governing online privacy, but rather several different laws that address it. Some of the laws governing digital privacy laws are as follows:

i) Constitution of Nepal, 2072

Article 28 of the Constitution of Nepal guarantees the Right to Privacy as a fundamental right, which is a crucial protection for individuals against unwarranted intrusions into their personal lives. In terms of digital privacy, this right extends to safeguarding individual’s personal data and private information in the digital realm.  

 ii) Electronic Transaction Act, 2008

This Act provides a legal framework relating to the issues of digital activities. The Act covers digital signatures, cybercrimes, and electronic contacts.

iii) The Privacy Act, 2018

This Act provides provisions for an individual’s personal information and data privacy.

iv) Consumer Protection Act, 2018

Consumers are protected from fraudulent and unfair practices such as safeguarding their personal data in digital transactions. It also addresses the need for transparency and security in online transactions.

v) Cybercrime Laws

Various laws and amendments address cybercrime, impacting digital privacy by criminalizing activities that threaten personal data security. Hacking and Unauthorized Access: Criminalizes unauthorized access to computer systems and data breaches.
Identity Theft: Penalizes theft and misuse of personal information.

vi) Proposed E-commerce Bill

The bill aims to create a regulatory framework for e-commerce activities in Nepal, with significant implications for digital privacy. It requires online businesses to register formally and adhere to specific data protection standards. The forthcoming bill also states that businesses provide clear and comprehensive details about the products and services offered and ensure the secure handling of consumer data. It further focuses on protecting consumers from fraudulent activities and ensuring the confidentiality of their personal information. 

Although Nepal has made considerable progress in creating digital privacy laws, there remains a crucial need for more comprehensive legislation and stronger enforcement mechanisms. With the expansion of digital activities, it is vital to ensure privacy protections to safeguard individual rights and build trust in digital platforms. Effective enforcement of digital privacy laws remains a significant challenge due to limited resources and technical expertise. Despite existing laws, there is a need for a more comprehensive and cohesive legal framework that addresses all aspects of digital privacy. 

CASE ANALYSIS:

In a relevant case [N.K.P. 2074, Decision Number: 9740] the Supreme Court ruled that the government cannot interfere in personal matters. Government interference in an individual's communication is permissible except permitted by law. The government does not have the authority to search for and investigate information, such as call details and messages, in the name of criminal investigation. According to established international standards, telecommunication service providers must ensure the privacy and data protection of individuals using their services. Thus, increasing public awareness and improving cybersecurity measures are also essential for achieving these objectives relating to data privacy in Nepal.

In another relevant case [N.K.P. 2077, Decision Number:1232]. The supreme court ruled that ensuring the right to privacy is essential to protect individuals from discrimination. Revealing personal information without a specific legal reason infringes upon the rights against exploitation, violence, privacy, and the right to live with dignity. This also contravenes established legal principles on non-discrimination based on health, as well as international laws. 

Hence, privacy law is very essential in the present digital age. Privacy laws serve as a vital safeguard, protecting individual’s personal information from exploitation and ensuring that their digital interactions remain secure. These regulations not only promote trust in digital systems but also uphold fundamental human rights in a landscape where data is so crucial. Privacy laws help in establishing a fair, transparent, and secure digital environment for all. Hence, digital privacy is of core importance in the law field. 

Disclaimer
The content in this article is for informational purposes only and should not be considered as legal advice. 

For further information please contact at info@apexlaw.com.np