Right to Privacy (Article 28) and Privacy Act 2075
Exam Snapshot
The right to privacy is a fundamental right under the Constitution of Nepal, protecting individuals from unauthorized intrusion into their private affairs, communication, and data. The Privacy Act 2075 provides the procedural framework for enforcement, liability, and data protection.
Core Concept
- Scope of Protection: Extends to body, residence, property, documents, correspondence, and personal data.
- Legislative Mandate: Article 28 requires the state to protect privacy, subject to restrictions defined by law.
- Data Protection: Regulates the collection, processing, and disclosure of personal data by data controllers, mandating consent.
- Breach: Unlawful access, unauthorized collection, or disclosure of private information constitutes a statutory violation.
Nepal Law Anchors
- Constitution of Nepal: Article 28 (Right to Privacy).
- Privacy Act 2075: The primary statute governing the protection of personal privacy and data.
Confusable Terms
| Term | Scope | Focus |
|---|---|---|
| Privacy | Broad right of an individual | Right to be left alone and protect personal aspects (Body, Residence, Data, etc.). |
| Confidentiality | Specific legal duty | Duty to keep information shared in a professional/trusted relationship private. |
| Right to Information | Transparency mandate | Mandates disclosure and access to public documents (contrasts with privacy limits). |
MCQ Traps
- Trap: Assuming the right to privacy under Article 28 is absolute. Correction: It is a qualified right subject to restrictions "as provided by law."
- Trap: Believing privacy protections apply only to physical elements. Correction: Article 28 explicitly protects electronic data and digital correspondence.
Example
A telecommunication company sharing a customer's call records with a third party without a court order or explicit consent constitutes a violation of the Privacy Act 2075.
Memory Hook
"B-R-P-D-C": Body, Residence, Property, Data, Correspondence. These are the 5 pillars protected under Article 28.
Quick Revision
- Article 28 covers body, residence, property, docs, data, and correspondence.
- Privacy Act 2075 defines specific offences regarding breaches of privacy.
- Privacy can only be restricted by law.
- Data controller obligations include secure handling and obtaining consent.
- Unauthorized recording and surveillance are key offences under the Act.