Chapter-1 Preliminary
- Short title and commencement: (1) This Act may be cited as the “Privacy Act, 2075 (2018).”
(2) This Act shall come into force immediately.
- Definitions: Unless the subject or the context otherwise requires, in this Act,-
(a) “Residence” means a house, rented room, apartment, room or place of residence where any person resides, and this term also includes a hotel, resort, lodge, guesthouse or camp room or any other place of similar nature where he or she stays to spend a night.
(b) “Prescribed” or “as prescribed” means prescribed or as prescribed in the Rules framed under this Act.
(c) “Personal information” means the following information related to any person:
(1) His or her caste, ethnicity, birth, origin, religion, color or marital status,
(2) His or her education or academic qualification,
(3) His or her address, telephone or address of electronic letter (email),
(4) His or her passport, citizenship certificate, national identity card number, driving license, voter identity card or details of identity card issued by a public body,
(5) A letter sent or received by him or her to or from anybody mentioning personal information,
(6) His or her thumb impressions, fingerprints, retina of eye, blood group or other biometric information,
(7) His or her criminal background or description of the sentence imposed on him or her for a criminal offence or service of the sentence,
(8) Matter as to what opinion or view has been expressed by a person who gives professional or expert opinion, in the process of any decision.
(d) “Property” means a movable, immovable, physical or abstract, tangible or intangible property, and this term also includes intellectual property.
(e) “Public body” means the following body:
(1) The Government of Nepal, Provincial Government or Local Level or government office under the Government of Nepal, Provincial Government or Local Level,
(2) A court, other judicial body, constitutional body or office thereunder,
(3) A regulatory body or office thereunder,
(4) A company, bank, committee having full or partial ownership or control of the Government of Nepal, Provincial Government or Local Level or commission, corporation, authority, incorporation, academy, board, center, council and other body corporate of similar nature established by the Government of Nepal, Provincial Government or Local Level pursuant to law.
(5) A political party and organization registered under prevailing law,
(6) A university, college, school, research center and other similar academic or educational institution that has been established or operated by the Government of Nepal, Provincial Government or Local Level or that has obtained full or partial grants from the Government of Nepal, Provincial Government or Local Level.
(7) An institution operated with credit, grant or guarantee of the Government of Nepal, Provincial Government or Local Level.
(8) An institution having full or partial ownership or control of the body mentioned in sub-clause (1), (2), (3) or (4).
(9) Any other institution specified by the Government of Nepal as a public entity by publishing a notice in the Nepal Gazette
(f) “Person holding public post” means a person holding any post of a public body upon being elected, nominated or appointed to such post.
(g) “Body corporate” means an organization, company, bank, committee, cooperative association, federation or other body corporate of similar nature established under the prevailing law.