Should Data Privacy Be Legalized in Bangladesh? A Moral and Practical Analysis

Page 1 of 6 Is It Morally Right to Legalize Data Privacy in Bangladesh Introduction In this essay, I will present arguments on a crucial issue of the digital age: the legalization of data privacy in Bangladesh, and I will determine its ethical justification. In today's interconnected world, over 50 million social media users in Bangladesh share their lives online daily. (Shelley, 2024) Everything we post publicly or privately is stored and analyzed, creating a massive digital record of our social interactions, purchases, viewing habits, movements, and even details about our home and physical characteristics. Now, more than ever, it is time to "Take control of our data." Data privacy is a digital shield that protects our personal information from falling into the wrong hands. Empowering individuals to safeguard their online data is not just a personal responsibility but a duty we all share. Therefore, data privacy must be legalized in Bangladesh. I will explore the dimensions of this issue in four segments. First, I will address the moral dilemma surrounding data privacy. Then, I will present arguments both opposing and supporting my stance and finally, I will reach a logical and morally sound conclusion. The Moral Dilemma Legalizing data privacy is essential in today's digital Bangladesh to protect individuals from psychological distress and potential security threats. When citizens' personal data, such as their National ID, contact information, or biometric records, is left unprotected, it opens the door to exploitation, cyberattacks, and emotional trauma. Recent incidents, such as the leak of citizens' NID details through a government website and the exposure of 3 million Facebook users' data, reflect how alarmingly vulnerable our data infrastructure is (Dhaka Tribune, 2024; The Daily Star, 2021). Moreover, these breaches do not just lead to spam or scams; they compromise the mental health and safety of millions. As Leone (2020) discussed in his TEDx speech, data privacy is not about hiding but the right to exist peacefully without being constantly watched or exploited. When someone's facial data or device permissions fall into the wrong hands, it can land them on dark web marketplaces or lead to identity theft without their consent (The Financial Express, 2024). This kind of violation causes anxiety and fear, especially in a country like Bangladesh, where legal protections remain vague and underdeveloped (The Daily Star, 2024). If data privacy laws were enforced, it would not only empower citizens but also build public trust in digital systems. In a time where digital presence is inevitable, privacy is no longer a privilege; it is a fundamental necessity for a secure and mentally healthy society. Page 2 of 6 On the other hand, there is a strong argument against legalizing data privacy, especially in a country like Bangladesh. The standard narrative is straightforward: "We have nothing to hide." In fact, Leone (2020) acknowledges in the first half of his TEDx talk that most people initially believe data privacy is unnecessary unless they are doing something wrong. Nevertheless, this belief is not without basis. Legalizing data privacy to an extreme degree could restrict the government's ability to monitor digital communications, track criminal behavior through phone records. In a country like Bangladesh, where the crime rate ranks 24th globally, higher than neighbors like India (81), Pakistan (84), and even Myanmar, this could have serious consequences (WorldOStats, 2024). With crime already rampant, limiting state surveillance tools may allow criminal networks to operate more freely under the cover of legal privacy. Law enforcement agencies in Bangladesh rely heavily on tracking WhatsApp, Facebook, and mobile networks to locate criminals, prevent terrorist activities, and trace missing persons. On top of that, we often share our personal information willingly on platforms like Facebook, TikTok, and Instagram whether it's through posts, pictures, or videos that show our faces and daily lives. Most of us also accept the terms and conditions without even glancing at them, not realizing what kind of access we're giving to our data. Moreover, we accept terms and conditions without even reading them. Therefore, we are left with a moral dilemma: Should we prioritize individual rights and risk weakening national safety mechanisms, or should we allow some breaches of privacy to maintain public safety and free access to essential digital services? Why Data Privacy should not be legalized in Bangladesh Firstly, it is not logical to demand data privacy laws when people have nothing to hide in the first place. If someone is not engaged in any illegal or unethical activity, then there should be no fear or concern about companies like Google tracking their data or Facebook selling it to third parties. In fact, this data collection often benefits users by showing them news, posts, and advertisements that match their interests and preferences. It enhances online experience by making platforms more personalized and efficient. It is important to understand that data privacy concerns are often exaggerated, and only those who are involved in suspicious or illegal activities truly fear being monitored. If a person is living an honest life, they have no reason to worry about how their data is being used. Rather than worrying about privacy, people should focus on enjoying the advantages that come with advanced algorithms and tailored digital services. Therefore, pushing for strict data privacy laws in Bangladesh might do more harm than good, as it can limit innovation and the convenience of digital personalization. Page 3 of 6 Secondly, another argument is that "Data privacy is dead." Our digital footprints make the concept of personal data privacy almost obsolete. Every tap and swipe, whether updating relationship statuses, sharing travel photos from Cox's Bazar, Kuakata, or Sylhet's tea gardens, or even casually browsing news on Prothom Alo and Daily Star, adds to a vast reservoir of information that we willingly expose. We shop online for the Eid market, order products on Daraz, track our calories in health apps, and even take personality tests like the MBTI test. Moreover, we accept terms and conditions and cookies without even reading them. Hence, we willingly expose our name, address, location, photos, personality, and other information to Google, YouTube, and Facebook as if we do not care about our privacy. As a result, big tech companies like Google and Meta know about me, who I am, my personality, my identity, my friends and family. In embracing these technologies and activities, we have effectively normalized a state of near-total exposure. Ultimately, this all-but-unavoidable digital transparency proves that data privacy is no longer feasible in today's connected world (Jani, 2023). Thirdly, an urgent need for government surveillance justifies why data privacy should not be legalized in Bangladesh. Legalizing strict data privacy laws could significantly hamper law enforcement's ability to track and apprehend criminals. Mobile tracking, social media monitoring, and digital footprint analysis have become essential to fighting crime and terrorism. Notable cases such as Operation Twilight in Sylhet (2017), where law enforcement conducted drone and aerial surveillance, intercepted calls, and tracked suspicious financial transactions to neutralize militants, exemplify the effectiveness of such surveillance (Dhaka Tribune, 2017). Similarly, the arrest and death of Tamim Chowdhury 2016, the mastermind behind the Holey Artisan attack and a key NeoJMB leader, was possible due to the successful tracking of his online and mobile activities (The Daily Star, 2016). These cases show that surveillance not only protects public safety but is also vital in dismantling extremist networks. If data privacy becomes a legal shield, it would restrict the government's ability to trace digital evidence, giving criminals and terrorists a safe space to operate. Therefore, it is crucial to preserve surveillance capabilities by not legalizing data privacy. Why Data Privacy should be legalized in Bangladesh Firstly, while many assert they have "nothing to hide," the reality is that we have everything to protect. Privacy is not about concealing wrongdoing but about maintaining control over our personal information. As Naomi Brockwell (2021) emphasizes, privacy is fundamentally about consent—our right to decide who accesses our data and how it is used. As Immanuel Kant’s deontological ethics suggests, treating individuals as ends in themselves means respecting their autonomy—so using someone's data without consent violates their inherent dignity and moral worth. In Bangladesh, we routinely share sensitive information online without fully considering Page 4 of 6 the implications. For instance, when purchasing goods from services like Daraz and Othoba or using transportation services like Uber, Obhai, and Pathao, we provide personal details like home addresses and phone numbers to unknown entities. However, we'd hesitate to share this information with strangers offline. The concern intensifies when considering the security vulnerabilities of these platforms. Data breaches can expose our details to malicious actors, leading to risks like cyberbullying, identity theft, or even physical threats. According to a report by the Dhaka Tribune (2021), a recent malware scam used the name “Daraz” with a fake title like “Giving gifts to Daraz supporters” and spread across messaging apps like Messenger, WhatsApp, and Viber, tricking users into clicking malicious links by offering fake rewards. Therefore, legalizing data privacy in Bangladesh is urgent to safeguard our rights and well-being in an increasingly digital world. Secondly, the idea that "data privacy is dead" is not just misleading. It is a dangerous mindset. Believing this narrative helps only those who want to spy on us or misuse our information while making us feel powerless in protecting ourselves. In truth, data privacy is still alive. It is a choice we must make every day. As Naomi Brockwell (2021) points out, we are fortunate to live in a time when we have countless tools at our fingertips to safeguard our digital lives. For instance, the recent trend of Ghibli-style AI portraits has led many people to upload their photos to ai platforms like Chatgpt just for entertainment. What many do not realize is that data brokers can collect these photos and eventually sell in dark web or use them to create deepfakes, putting people, especially women and children, at real risk of harassment and impersonation (News18, 2024). The good news is that this is preventable. We can still take control by simply avoiding such trends, being cautious about what platforms we trust, reading privacy policies before accepting terms and conditions, turning off location data when not needed, and using strong passwords. In this case, Legalizing data privacy in Bangladesh would support these efforts and help shield us from hackers, scammers, and other online threats in the long run. Thirdly, legalizing data privacy in Bangladesh is crucial to prevent government misuse of our data. Many citizens remain distrustful of the former Hasina regime, as there was no separation of power between the legislative and judicial branches. This distrust fueled criticism of the draft Personal Data Protection Act, 2024, which many saw as another means of enabling state surveillance (TI-Bangladesh, 2024). Even though government surveillance might seem beneficial at first glance, past practices have shown how harmful it can be. For instance, during the July Revolution, the government exploited surveillance tools by tracking innocent students on platforms like Facebook, Messenger, and even through Google location data to identify protesters. Based on these data, Chattro League members conducted door-to-door searches, ultimately capturing and torturing student coordinators. Such events serve as a rigid reminder of the dangers inherent in unrestrained surveillance. Rather than creating new avenues for potential abuse, Page 5 of 6 legalizing data privacy would provide a much-needed barrier, ensuring that our personal information is safeguarded and that government power remains in check. Conclusion In conclusion, while some argue that having "nothing to hide" justifies a relaxed approach to data, and others insist that surveillance is necessary to fight terrorism, the truth is that data privacy is a fundamental right that deserves legal protection. These opposing claims often serve the interests of those who benefit from unchecked access to our personal lives, whether corporations or governments. However, protecting our data means protecting ourselves from exploitation, manipulation, and abuse of power. Successful laws like the EU's GDPR and South Korea's privacy regulations show that strong legal frameworks can make a real difference. In a country like Bangladesh, where power is often concentrated and accountability is weak, legalizing data privacy is not just important—it's essential. This is not just about controlling access to data. It is about securing our rights, dignity, and freedom in the digital age. References Dhaka Tribune. (2024, April 6). Millions of Bangladeshi Facebook users' personal data exposed in massive leak. https://www.dhakatribune.com/bangladesh/327137/nid-data-leakvoters-information-now-accessible Leone, N. (2020, October 15). "I have nothing to hide", data privacy in 2020 | Nelio Leone | TEDxAmityUniversityDubai [Video]. TEDx. https://www.youtube.com/watch?v=Oc_ux91TPxM The Daily Star. (2021, March 22). 3 million Bangladeshi Facebook users' personal data exposed during massive data leak. https://www.thedailystar.net/toggle/news/3-millionbangladeshi-fb-users-personal-data-exposed-during-massive-data-leak-fb-2071777 The Daily Star. (2024, February 29). Draft data law: Privacy still under threat. https://www.thedailystar.net/news/bangladesh/news/draft-data-law-privacy-still-under-threat3805361 The Financial Express. (2024, April 5). Bangladesh government website leaks citizens' personal data: TechCrunch. https://thefinancialexpress.com.bd/national/bangladesh-governmentwebsite-leaks-citizens-personal-data-techcrunch Page 6 of 6 WorldOStats. (2024). Crime rate by country. https://worldostats.com/justice-law/crimerate-by-country/ Jani, J. (2020, March 16). Data brokers: The dark industry of selling your identity for profit [Video]. YouTube. https://www.youtube.com/watch?v=uZ2l-kk5ihk Dhaka Tribune. (2017, March 29). Operation Twilight ends after 111 hours. Dhaka Tribune. https://archive.dhakatribune.com/bangladesh/nation/2017/03/29/operation-twilight-ends The Daily Star. (2016, August 28). Tamim Chowdhury, top militant, killed in Narayanganj: Police. The Daily Star. https://www.thedailystar.net/country/tamim-chowdhurytop-militant-killed-nerayanganj-cttc-1276217 Brockwell, N. [Naomi Brockwell TV]. (2021, October 19). The privacy myth: "I have nothing to hide" [Video]. YouTube. https://www.youtube.com/watch?v=Hcqh0ZSza50 Dhaka Tribune. (2021, June 16). New malware circulating in messaging apps using fake links. Dhaka Tribune. https://www.dhakatribune.com/business/244263/new-malware-circulatingin-messaging-apps-using News18. (2024, March 5). How safe is it to upload personal photos on ChatGPT to Ghiblify them? Know these privacy concerns. News18. https://www.news18.com/tech/how-safeis-it-to-upload-personal-photos-on-chatgpt-to-ghiblify-them-know-these-privacy-concerns-wsbd-9281482.html TI-Bangladesh. (2024). Personal Data Protection Act Presentation TIB Article 19. https://ti-bangladesh.org/upload/files/position-paper/2024/Personal-Data-Protection-ActPresentation-TIB-Article-19.pdf Shelley, B. T. (2024, July 15). Data Privacy Week 2024 has commenced in Bangladesh [Video]. YouTube. https://www.youtube.com/watch?v=KUyKEY_3-7g