Staff reporter :
Transparency International Bangladesh (TIB) has voiced strong concern over the government’s swift approval of the Personal Data Protection Ordinance and the National Data Governance Ordinance in the Advisory Council, citing a lack of expert consultation and stakeholder engagement.
In a statement on Saturday, TIB urged the government to suspend both ordinances and proceed only after ensuring meaningful participation from relevant stakeholders and incorporating expert advice.
TIB Executive Director Iftekharuzzaman noted that earlier drafts of the Data Protection law had already faced extensive debate and criticism during the previous government’s tenure.
“The interim government initially followed an inclusive approach, resulting in positive changes. It is regrettable that stakeholders’ recommendations on key weaknesses and risks were ignored, and the final draft was approved without informing them,” he said.
According to TIB, the approved draft omits internationally recognised principles of data protection, including lawfulness, fairness, transparency, purpose limitation, data minimisation, accuracy, integrity, confidentiality, and accountability, making the ordinance “ineffective from the outset.”
Specific concerns include Subsection 15(4), which allows data controllers and processors to be exempted from responsibilities, and Section 24, granting broad access to personal data in the name of “crime prevention” and “national security.”
Iftekharuzzaman warned these provisions could enable surveillance rather than protection, as they permit unrestricted access to data servers without judicial oversight. TIB also criticised the National Data Governance Ordinance, which creates an “interoperability authority” without ensuring independence or expert input.
“This ordinance, inconsistent with global practices and based on unrealistic concepts, poses serious risks and could backfire,” the executive director said.
The watchdog further highlighted that criminalising information misuse under these laws could negatively impact business and commerce.
Emphasising the need for inclusive policymaking, TIB said addressing complex data governance issues through one or two laws, without assessing the entire digital ecosystem or consulting experts, would likely worsen problems and increase the risk of rights violations, including expanded government surveillance.
TIB called on the government to halt implementation of the two ordinances in their current form and initiate an open, participatory process to revise them in line with constitutional rights, global standards, and expert recommendations.
