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Chapter-9 Electronic Means and Privacy

  1. To have privacy of electronic means: (1) Every person shall have the right to maintain privacy of the matter relating to any of his or her personal information, document, correspondence, data or character that remained in electronic means.

(2)        No one shall obtain the notice, information, correspondence of any person remained in electronic means in unauthorized manner, violate or provide its privacy for anybody in unauthorized manner.

(3)        Except for the consent given by the concerned person or order issued, under law, by authorized official, no one shall listen to any dialogue or talks held between two or more than two persons through electronic means, or mark or record the sound of such talks by making use of any mechanical device.

Provided that in the case of a speech or statement made publicly, the provision of this sub-section shall not be applicable.

(4)        Notwithstanding anything contained in sub-section (2) or (3), any notice, information or correspondence may be listened to, marked or recorded, or cause to be listened to, marked or recorded with the consent of the concerned person or order of the authorized official.

(5)        Other provisions relating to the privacy of electronic notice and data shall be as prescribed.

  1. Relating to installing CCTV camera at public place: (1) If it is necessary to install CCTV camera at any public place, such camera may be installed, or caused to be installed, at a place other than the toilet, bathroom or changing room.

(2) Provision shall be made to give a notice of such camera installed at the place where the camera has been installed pursuant to sub-section (1) so that all can see and be informed.

(3) The provisions relating to the installation of the CCTV camera at any place shall be as prescribed.

  1. Not to make surveillance or espionage: In order to make surveillance or espionage of the residence of any person or any office, or for the purpose of obtaining anything confidential pursuant to this Act, no electronic means, photography or method may be used.
  2. Not to use drone: No drone of any kind or similar kind of other device shall be used or no act shall be done with the purpose of obtaining any secret information of any public body, archaeologically important place, building of security agency, protected zone or zone of mine or mineral or at the residence of any person, without permission of the authorized official or such a person, except in border area or public place of the country.