Do not invade the privacy of citizens

A state that suspects citizens of being ”involved in activities that undermine Nepal's independence, sovereignty, geographical integrity, national independence and national security” cannot maintain the rule of law. At this time, the government should review its objectives. Even if the intention is well-intentioned, the language used in the draft of the bill does not confirm it, so it should be prepared for improvement.

Shrawn 28, 2082

Editorial

Do not invade the privacy of citizens

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The government has continued to introduce controversial bills, while the draft of the National Intelligence Bill has been prepared. While the Land Bill, the Media Council Bill and the Bill related to the Criminal Code, which are under consideration in the Parliament or are being drafted, the government has prepared a draft of the National Intelligence Bill.

Where the government intends to violate the personal privacy of citizens provided by the constitution. There is a provision in the draft to monitor, monitor and tap the contents of citizens' phone calls, messages, and videos. The government's interest in collecting the personal contacts and activities of citizens by straying from its priorities is unnatural. The government should withdraw from such efforts.

Currently, the National Investigation Department (NDI) operates under the Special Services Act, 2042. By replacing the same Act, the government is preparing to introduce an Act related to 'National Intelligence' (Intelligence). In the draft bill, the government has made a provision to listen and record the personal conversations of citizens through the intelligence chief. In the

draft, the media, individuals and organizations are allowed to "interception" (tapping) conversations, audio visuals, electronic signals and details. If it is not possible to collect information through other means and if the Inspector General of Investigation is convinced that the country will be seriously harmed if such information is not collected immediately, it is being tried to leave sensitive matters in the discretion of the Inspector General of Investigation. 

It is not considered wrong to allow the spying mechanism to tap the phones of suspected persons involved in activities that disturb the independence, sovereignty, geographical integrity, national independence and national security of Nepal. Even now, if access to information is required for criminal investigation, it can be obtained with the permission of the relevant district court. This has been happening. There was no opposition. But the government has made a provision in the draft with the intention to go further and use the right of exploitation if the Inspector General of Investigation is convinced. Which is more likely to be misused.

In a liquid society like ours, where the basic issues of society have not been settled, political-social struggles are still left, there is a fear of abuse of this kind of rights. In particular, there is a possibility that controversial provisions will be misused to monitor the leaders of the opposition parties and to suppress the possible struggle against the government.

can also be misused as a tool to monitor and control the media and journalists, independent critics of the government's activities, activists, and writers that expose controversial decisions and preparations of the government. It risks stalling the social/political movement itself. Whereas, for major socio-political changes, major movements or revolutions are necessary, but social/political movements are helpful for minor reforms. Such an arrangement is likely to violate the fundamental rights of the constitution.

Article 28 of the Constitution guarantees the right of individuals to privacy. Where it is said that the privacy of any person's life, residence, property, documents, data, correspondence and character related matters shall be inviolable except in accordance with the law. It is not meant to overstep the law. Acceptance is only for exceptions. On the one hand, it is strange that the government is trying to bring a questionable bill when it is unable to fulfill its regular obligations and commitments such as service delivery.

Legal and social justification of such legal provisions must be confirmed, this draft does not ensure that. The priority of the government increases the distance even more when it is difficult to instill trust in the government and convince them that it is a parent.

Efforts to weaken the rights ensured in the constitution including freedom of thought and expression, the right to communication, the right to privacy, and the attempt to stifle the civil rights cannot be accepted. The risk of misinterpretation by putting such and such words and using it as a weapon to impose on the citizens has been seen in many bills.

The draft of the National Intelligence Bill seeks to intrude into the privacy of individuals. On the one hand, the right to privacy of the individual, on the other hand, a provision like "If the Inspector General of Investigation is convinced" is sure to destroy the essence of the Constitution. A state that suspects citizens of being "involved in activities that undermine Nepal's independence, sovereignty, geographical integrity, national independence and national security" cannot maintain the rule of law.

At this time, the government should review its objectives. Even if the intention is well-intentioned, the language used in the draft of the bill does not confirm it, so it should be prepared for improvement. When making a law with controversial provisions while in power, one should take into account the possibility that it may be misused when one is in opposition. Parliamentarians should also be alert to keep the rights and freedoms of citizens intact. They should take care that they are leading the citizens' sovereignty.

Editorial

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