Can You Record Phone Calls and Conversations in Bangladesh?
Bangladesh is a two-party consent state, this means you need to seek consent from all the participants in a conversation or phone call before recording.
According to Section 26 of the Digital Security Act 2018, it is illegal to collect, use, possess or provide identity information of another person without consent. Identity information, in this case, refers to any other information which singly or jointly can identify a person or a system.
In addition, Section 63 of the ICT Act of 2006 protects the confidentiality and privacy of personal information by stating that it is against the law to disclose to another person any correspondence, information or any other material without the consent of the person concerned.
So going by the two laws, it is illegal to record and publish recordings of conversations and phone calls without the consent of all persons concerned.
In addition, Section 25 of the Digital Security Act makes it illegal to publish offensive, false or threatening data-information to annoy, insult, humiliate or malign a person.
Therefore, publishing a false, offensive, or threatening recording intended to annoy, insult, humiliate or malign a person is against the law.
Note: In Bangladesh, the Telecommunication Act gives state security agencies power to intercept communications when it comes to matters concerning the country’s security and maintaining law and order.
Bangladesh Video Recording Laws
Bangladesh’s constitution does not specifically address the right to privacy. However, the country’s courts maintain that the right to privacy is part of the following rights protected under the constitution:
- Freedom of thought and conscience.
- Freedom of speech under Article 39.
- Right to life and personal liberty under Article 32.
So when recording videos in Bangladesh, it is important not to violate the privacy of others by your actions.
The rule of thumb is do not record anyone when they are in place with a reasonable expectation of privacy. Such areas include hotel rooms, changing rooms, dressing rooms, etc.
In addition, according to Section 26 of the Digital Security Act 2018, it is illegal to collect, use, possess or provide identity information of another person without consent. Identity information, in this case, includes photographs, so do not take photographs of others without their consent.
Penalties
- Violating Section 26 of the Digital Security Act 2018 is punishable by imprisonment for a term not exceeding 5 years, or with a fine not exceeding 5 lac, or with both. A second or repeated violation is punishable by imprisonment for a term not exceeding 7 years, or with a fine not exceeding 10 lac, or with both.
- Violating Section 63 of the ICT Act of 2006 is punishable by imprisonment for a term which may extend to two years, or with a fine which may extend to two lakhs, or with both.
- Violating Section 25 of the Digital Security Act 2018 is punishable by imprisonment for a term not exceeding 3 years, or with a fine not exceeding 3 lac, or with both. A second or repeated violation is punishable by imprisonment for a term not exceeding 5 years, or with a fine not exceeding 10 lac, or with both.