‘The aim of data localisation should be protecting data not controlling users’
Skip to main content
  • Home
  • Economy
  • Stocks
  • Analysis
  • World+Biz
  • Sports
  • Features
  • Epaper
  • More
    • Subscribe
    • COVID-19
    • Bangladesh
    • Splash
    • Videos
    • Games
    • Long Read
    • Infograph
    • Interviews
    • Offbeat
    • Thoughts
    • Podcast
    • Quiz
    • Tech
    • Archive
    • Trial By Trivia
    • Magazine
    • Supplement
  • বাংলা
The Business Standard

Wednesday
June 29, 2022

Sign In
Subscribe
  • Home
  • Economy
  • Stocks
  • Analysis
  • World+Biz
  • Sports
  • Features
  • Epaper
  • More
    • Subscribe
    • COVID-19
    • Bangladesh
    • Splash
    • Videos
    • Games
    • Long Read
    • Infograph
    • Interviews
    • Offbeat
    • Thoughts
    • Podcast
    • Quiz
    • Tech
    • Archive
    • Trial By Trivia
    • Magazine
    • Supplement
  • বাংলা
WEDNESDAY, JUNE 29, 2022
‘The aim of data localisation should be protecting data not controlling users’

Panorama

Sabyasachi Karmaker
29 April, 2022, 10:00 am
Last modified: 30 April, 2022, 02:00 pm

Related News

  • How to build a career in e-commerce
  • Bangladesh is a tech-adaptive nation: Zeeshan Kingshuk
  • Going against the flow is vital to thrive: Daraz CMO
  • India lines up banks for e-commerce effort to take on Amazon, Walmart
  • Post offices should be utilised as e-commerce delivery points: Tipu Munshi

‘The aim of data localisation should be protecting data not controlling users’

The Data Protection Act promises to ensure privacy and safeguard personal data but are there other factors at play here? The Business Standard sat down with Syed Almas Kabir, President, Bangladesh Association of Software and Information Services (BASIS), for his take on the act

Sabyasachi Karmaker
29 April, 2022, 10:00 am
Last modified: 30 April, 2022, 02:00 pm
Illustration: TBS
Illustration: TBS

The Bangladesh government is drafting the Data Protection Act (DPA) to safeguard personal data and ensure privacy. The law, once enacted, will serve as a legal framework for data protection and privacy by ensuring the rights of users. The act also contains data localisation provisions requiring sensitive data to be stored within the borders of Bangladesh. 

The Business Standard interviewed Syed Almas Kabir, President, Bangladesh Association of Software and Information Services (BASIS) to discuss the necessity and caveats of the Data Protection Act and subsequent data localisation. 

The government of Bangladesh is drafting a data protection and localisation law, the first of its kind in Bangladesh. What is your take on this law?

To tell you the truth, I was the first one who said that we need a data privacy related guideline or law. I raised the issue around four years ago. Around that time, I could not make them [the government] understand the difference between data privacy and data security. Everyone, including people from the ICT ministry, said that we had the Digital Security Act and that was enough.

I tried to make them understand that security and privacy are two different things. For example, if you are in a room made of bulletproof glass, you are secured but you don't have privacy.

Regarding data privacy, we don't have any guidelines or laws. In the last quarter of 2019, I had a stakeholder meeting with government, non-government organisations and lawyers.

Around that time, digital e-commerce and ride-sharing became popular. Overall the IT industry was booming. As a result, millions of gigabytes of data were generated daily.

A big concern was how to maintain the privacy of such data. The law was much needed. Other than privacy, the other need was to support the business of "data centres" in our country.

While the government has realised the importance of the issue much later, sadly they are not discussing the issue with any stakeholders now. Without the stakeholders' suggestions, the draft was formulated. I must say that without consulting all the concerned parties, this law should not be finalised.

In the ICT law of 2018, there was a line about the necessity of data localisation in the geographic area of Bangladesh, but nothing detailed.

But the problem now is that the government has a rather controlling attitude. The purpose for which I was advocating the formulation of this law might not be realised. It seems to me that the government is willing to make the law a control mechanism.

Why is data localisation a necessity? How will the act impact the e-commerce business and IT industry?

Data localisation is a necessity to ensure users' rights as well as to ensure the government's jurisdiction over our data.

There is something to ponder here: which data to localise? That's why the data needs to be categorised in the first place. You have to categorise the data at least into three categories: a) highly sensitive data; b) moderately sensitive data; and c) non-sensitive data.

However, what types of data fall under what category is a discussion for another time.

Now, the highly sensitive data must be stored in Bangladesh. One copy of moderately sensitive data should be in Bangladesh along with other copies elsewhere. Non-sensitive data can be stored anywhere – it doesn't really matter.

Now an obvious question arises: why should sensitive data be kept in Bangladesh? Suppose your sensitive data is stored in a data centre in Singapore. Due to whatever problem, that centre is not providing the data to you. But you cannot take any remedial measures. You can complain to the government but they don't have jurisdiction over that server. The government cannot help you. You will be helpless.

Sensitive data must be stored within Bangladesh to ensure the government's jurisdiction over the data. So the purpose of data localisation should be to protect users, not control them.

You get dozens of promotional SMSs every day on your cell phone. How is this happening? This is because your data is sold by telecom operators. Again, when you buy something from an e-commerce site, you provide them with your name, age, address, contact number, etc.

There is no guarantee that they are not selling the data to third parties. Moreover, how long can they store your personal data in their database? Can they save your data for eternity? Are they sharing your data without consent?

These privacy-related issues can be solved once the law is enacted. But the main issue is categorising data properly. When it is said that data localisation is needed, that doesn't meet all data needs to be localised.

Some experts are expressing their concerns about the law. Do you think that such initiatives would hurt e-commerce businesses and the IT industry? 

I understand that there is some confusion over the act, especially concerning the government's controlling attitude.

Multinational banks and corporations are concerned. However, Standard Chartered, HSBC host their financial data abroad (in Hong Kong or Singapore) with special permission from the Bangladesh Bank. The United States Business Council also expressed concerns that multinational corporations will also face problems.

I understand their concerns. But I believe in data localisation. As a Bangladeshi citizen, my basic data such as my name, contact number, phone number, age, address, medical records, and bank records – are private and sensitive. These types of data must be localised.

But at the same time, we don't want to cause problems for the businesses. That's why a grace period or moratorium is important. If it is passed today, at least five years should be given to transition to the new system – for example, server migration.

And finally and most importantly, without data categorisation, it will not be very effective. Then companies will try to break the law or manoeuvre around it.

Bangladesh already has the Digital Security Act, a few more laws are in the offing. Other than the Data Protection Act, the government is also mulling over regulations for digital, social media and OTT platforms. What's the government's real intention? Are they trying to create data governance to establish a mass surveillance system?

As I said earlier, the government has a controlling attitude. But I am not fully aware of the real intention. I am against all kinds of control. 

I have been telling them [the government] for the past couple of years that I know a draft is being readied, if you share it with us it will be beneficial for all parties involved. But unfortunately, we have not seen the draft yet. From our side, a set of recommendations were sent to them.

Bangladesh wants Facebook and Whatsapp to set up their server here. It is a good thing, Bangladeshi citizens' sensitive data should be stored within Bangladesh. 

Then again, does the government want to tap phone conversations? If this is the purpose, then it is not ethical. At the same time, users also have the right to use encrypted services.

Analysis / Features / Top News

surveillance / Data Privacy / e-commerce

Comments

While most comments will be posted if they are on-topic and not abusive, moderation decisions are subjective. Published comments are readers’ own views and The Business Standard does not endorse any of the readers’ comments.

Top Stories

  • Photo: Collected
    Student who killed Savar teacher with cricket stump arrested 
  • Bangladesh sets world’s record high GDP growth from 2009-2019
    Bangladesh sets world’s record high GDP growth from 2009-2019
  • Penalty for non-disclosure of offshore assets: Budget FY23
    Penalty for non-disclosure of offshore assets: Budget FY23

MOST VIEWED

  • Mahathir accused financial titans of seeking to reverse decades of economic development that propelled tens of millions into the middle class. Photo: Bloomberg
    George Soros, Mahathir and the legacy of 1997
  •  If Bangladesh produces and exports high-value-added MMF products right now, we can increase our total export by around 25% in value. Photo: Mumit M
    Time ripe for Bangladesh RMG sector to focus more on man-made fibres
  • Human Library Bangladesh has organised so far nine sessions; eight have been held in different parts of Dhaka and one in Khulna. Photo: Courtesy
    Human Library Bangladesh: Where the halls come alive with human voices
  • Abortion is a part of healthcare. Photo: Bloomberg
    Abortion is healthcare and women’s rights are human rights
  • Prashanta Kumar Banerjee. Sketch: TBS
    'Public Asset Management Company can be an additional tool to curb bad loans'
  • Aid boats navigate through the different waters of Jamalganj Upazila, giving aid to flood victims.  Photo: Masum Billah
    Bandits, hunger and snakes: Flood victims pass sleepless nights

Related News

  • How to build a career in e-commerce
  • Bangladesh is a tech-adaptive nation: Zeeshan Kingshuk
  • Going against the flow is vital to thrive: Daraz CMO
  • India lines up banks for e-commerce effort to take on Amazon, Walmart
  • Post offices should be utilised as e-commerce delivery points: Tipu Munshi

Features

Mahathir accused financial titans of seeking to reverse decades of economic development that propelled tens of millions into the middle class. Photo: Bloomberg

George Soros, Mahathir and the legacy of 1997

5h | Panorama
 If Bangladesh produces and exports high-value-added MMF products right now, we can increase our total export by around 25% in value. Photo: Mumit M

Time ripe for Bangladesh RMG sector to focus more on man-made fibres

9h | Panorama
Human Library Bangladesh has organised so far nine sessions; eight have been held in different parts of Dhaka and one in Khulna. Photo: Courtesy

Human Library Bangladesh: Where the halls come alive with human voices

10h | Panorama
Abortion is a part of healthcare. Photo: Bloomberg

Abortion is healthcare and women’s rights are human rights

1d | Panorama

More Videos from TBS

Beautiful mural at Padma bridge

Beautiful mural at Padma bridge

2h | Videos
Ferry terminals wear deserted look, traders fear losses

Ferry terminals wear deserted look, traders fear losses

3h | Videos
Top 10: World’s longest bridges

Top 10: World’s longest bridges

4h | Videos
Archeological artefacts getting ruined locked in store room

Archeological artefacts getting ruined locked in store room

8h | Videos

Most Read

1
Padma Bridge from satellite. Photo: Screengrab
Bangladesh

Padma Bridge from satellite 

2
Photo: TBS
Bangladesh

Motorcycles banned on Padma Bridge 

3
Japan cancels financing Matarbari coal project phase 2
Bangladesh

Japan cancels financing Matarbari coal project phase 2

4
Photo: Courtesy
Corporates

Gree AC being used in all parts of Padma Bridge project

5
Photo: TBS
Infrastructure

Gains from Padma Bridge to cross $10b, hope experts

6
Desco wanted to make a bold statement with their new head office building, a physical entity that would be a corporate icon. Photo: Courtesy
Habitat

Desco head office: When commitment to community and environment inspires architecture

EMAIL US
contact@tbsnews.net
FOLLOW US
WHATSAPP
+880 1847416158
The Business Standard
  • About Us
  • Contact us
  • Sitemap
  • Privacy Policy
  • Comment Policy
Copyright © 2022
The Business Standard All rights reserved
Technical Partner: RSI Lab
BENEATH THE SURFACE
An aerial view of a MRT Line-6 construction site. Work on the first elevated metro rail of Bangladesh is going on in full swing. A total of 16 elevated stations will connect the capital’s Uttara to Motijheel via Mirpur, Farmgate and Dhaka University. The photo was taken from Farmgate area recently. Photo: Rajib Dhar

Contact Us

The Business Standard

Main Office -4/A, Eskaton Garden, Dhaka- 1000

Phone: +8801847 416158 - 59

Send Opinion articles to - oped.tbs@gmail.com

For advertisement- sales@tbsnews.net