A Brief Analysis of Data Protection under Digital Security Act (2018)
by Miss Jesy Chakma
The parliament has passed the Digital Security Act on 8th October 2018. This act provides digital security for any repugnant cyber-crimes committed by digital devices or computer technology.
The cyber appeal tribunal is created under section 82, the Information and Communication Technology Act 2006. The central government establishes the limit and regulations of the Digital Security Act under this section. Cyber-Crime incident often takes place in texts, photos, sound, and video presented through any computer network or technological system. These data have been prepared with the aim of using it in a computer network or computer system. This communication process occurs between one or two computers or any digital devices that are capable of collecting and sending or connecting.
Moreover, ‘Digital Forensic Lab’ formed under section 10and cyber-crime situations are investigated in forensic lab with the following rules. Whoever commits cyber-crime is defined as a criminal, and ‘criminal procedure’ is under the code of procedure Act V of 1898. Here person regards any company, organization, or partnership business and also the controller of any digital devices. Further, any entity created bylaw or artificial legal entity will be included in the preliminary. Illegal entrance is a violation; it means access without permission or authority by an appointed person or any computer, or any digital network system is a crime. Without the authorization of sharing or exchanging details, data, or any information with the use of digital devices can prevent it from preliminary. ‘Defamation’ is also included in the cyber-crime defined under section 499 of the Penal Code (Act XLV of 1860). The definitions of cyber-crimes are not provided with explanations under this act. The words act and expressionshave been used in the meaning of the Information and Communication Technology Act, 2006.
Digital Security Agency
Digital Security Act 2018, under section 5, describes the formation of an agency. To fulfill the objective of this act. Forming agency notification given by the government in the official gazette shall create an agency entitled as Digital Security agency consisting of 1 (one) Managing Director and 2 (two) Director. The headquarter of this agency will be in Dhaka if needed branch offices of the agency can be established in any place in the country outside of Dhaka. The responsibilitiesandpowers of the agency will be determined in accordance with the rules. The managing director and the directors will be appointed as a full-time employee by the government. The managing director and director will follow the provisions of this act and the rules implemented under this act in performingfunctions, exercising power, performing responsibilities as directed by the government. This agency can appoint a significant number of employees with the term of employment.
The director of the Digital Security agency can request to BTRC to block or remove the information or data published, which is a threat to Digital Security.Any religious values, racism, or hatred which hampers any terms of nations, the law, and national security force can request to the BTRC via the General Director of the Agency. After notifying, BTRC can immediately remove the information or data in the subject matter of the request to the government.
Under section 9, the emergency response team will fulfill their responsibilities by-
- Ensuring the security of critical information infrastructure
- If there is any cyber, digital attack, or digital security is hampered, they can take necessary emergency steps to block it
- To fulfill the objectives by the permission of the government to take the overall initiatives, including information exchange with any similar international agency or organization.
- The agency will coordinate activities with the emergency team and can also supervise them.
To fulfill this object of this act, there will be one or more forensic lab under the supervision of the agency. This digital forensic lab is established under government authority, and its quality requirements are under section 11 of this act. Moreover, this digital forensic lab will coordinate with the agency, and rules will determine the establishment of this lab operations and other issues.
Digital Security Council
National security agency formed under section 12, with thirteen members and their powers explained under section 13. They can perform their abilities if the situation of digital security is under threat and provide necessary steps to remedy the situation. Also, under this power, they advise improving digital security infrastructure, manpower, and quality. More to add, they can take the necessary steps to ensure the implantation of this act. And the agency will provide the necessary support to the council to perform its duty.
Critical Information Infrastructure
Under the digital security act 2018, section 15, the government can declare through government gazette any crucial information of a computer system or network.
Crime and Punishment
If any person intentionally or knowingly enters illegally in any critical information infrastructure and harms, destroys, or tries to do so will be an offensive act because of his activity under the digital security act 2018, section 17. Committing this aggressive act by any person will be penalized byimprisonment for a term not exceeding 7(seven) years or by fine not exceeding 25(twenty-five) lacs taka or with both. Also, the intention of harming or destroying the information, the person will be penalized byimprisonment for a term not exceeding 14 (fourteen) years or with fine not exceeding 1(one) crore taka or with both.
Any person tries to make an illegal entrance in computer or digital device also has the intention to commit a crime will be offense under Digital Act 2018, section 18 sub (1) and will be penalized by imprisonment for a term not exceeding 3(three) years or by fine not exceeding 10 (ten) lacs taka or with both.
“Digital or Electric Fraud” under section 23, means, if any person intentionally, knowingly or without permission changes any information, deletes, adds new information or creates distortion and reduces the value of that or the utility of any computer program, computer system, computer network, digital device, digital system, digital network, or of a social communication medium, trying to gain benefit for himself/herself or for others or attempting to harm others or to deceive others. And this offensive crime committing by a particular person will be penalized under this act.
A person knowingly or intentionally using digital technology devices with the intention of deceiving or fraud to achieve some advantages for oneself or any other person or to acquire any property or to harm a person by using another person’s identity will be penalized as an offensive crime under section 24.
If any person publishing, sending of offensive, false, or fear-inducing data-information via any website or computer or in social media. Committing such an act despite knowing to publish such information can lead to denigrate a person. Such activity is an offensive act under section 25.
Illegally using a person’s identity like physical information, external, biological information, parents’ name, national identity, etc. are available with the excellence of technology. Using such information illegally or without consent is a criminal offense under section 26
If a person commits hacking will be considered a criminal offense under section 34 and will be sentenced to a term of imprisonment not exceeding 14(fourteen) years or with fine not exceeding Tk.1 (one) crore or with both. In this section, hacking means destroying or format the changing of any data information.
Investigation of Offence and Trial
The investigation officer under this chapter will investigate the offense committed under this Act section39. The investigation officer shall complete the investigation within 60 days from the date of getting charge of the inquiry under section 40.
Cyber-Crimes are mostly committed against any individuals with a criminal motive to harm the reputation intentionally by using the internet or computer network system. Such problems can be disclosed lawfully. Digital Security Act 2018 provides these above lawful actions to secure a person’s privacy or governmental issues. This law is passed by the government, and the law became effective.