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Communication Surveillance Threatens Privacy and Human Rights_A Case of Bangladesh

Farhana Akter

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초록 moremore
The year 1949 marks publishing of the famous dystopian novel “Nineteen Eighty Four” by renowned English author ‘George Orwell’. In as early as 1949, Orwell foresaw our future - a totalitarian society where common citizens are under surveillance all the time. He was not wrong. Now in 2015, this ...
The year 1949 marks publishing of the famous dystopian novel “Nineteen Eighty Four” by renowned English author ‘George Orwell’. In as early as 1949, Orwell foresaw our future - a totalitarian society where common citizens are under surveillance all the time. He was not wrong. Now in 2015, this humble thesis paper, even within its limited scope and breadth finds that Orwell’s predictions are far from being far-fetched. Like fish in water we have become used to a surveillance society. So much so that we even volunteer for it, demand it, and accept it without question believing it is imperative to our safety and wellbeing. While surveillance does have it’s usefulness in our society, do we know enough about it’s implications? This is the problem this thesis attempts to address. Unless and until we have a clear understanding of how surveillance works in our respective country and global context, we as citizens will not be able to tackle its consequences. Hence, this thesis attempts to discover and analyse communication surveillance practices and violation of human rights at the country level of Bangladesh while linking up with the international context. It intends to raise critical awareness of the constituency, academia and provide directions for policy engagement. This research employs a qualitative content analysis method. It looks into peer reviewed publications (books, papers, reports etc.) from across all possible sources. It further goes on to analyse grey literature produced by academicians, intergovernmental organisations, media, non-profit and civil society organisations working on similar issues. Moreover, the thesis takes a close look at the existing laws and policies, their inherent contradictions and points to the legal loopholes in the broader perspective of surveillance and human rights. Findings of the thesis can assist to advocate for the adoption, strengthening and implementation of privacy and data protection frameworks; and to monitor and evaluate the nature, effectiveness and level of the measures of privacy and data protection. This thesis can also complement similar research initiatives by local, regional and international bodies and individuals.
목차 moremore
Chapter 1: Introduction 12

Chapter 2: Literature Review 15
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Chapter 1: Introduction 12

Chapter 2: Literature Review 15
2.1. Privacy 15
2.2. Communication Surveillance 16
2.3. Data Protection 17
2.4. National Security 18

Chapter 3: Contextual Framework of Right to Privacy, Communication Surveillance, Data Protection and National Security 20
3.1. Communication Surveillance and Right to privacy 20
3.2. Data Protection and Right to Privacy 22
3.3. National Security vs. Right to Privacy 23

Chapter 4: Research Method 25

Chapter 5: Findings 28
5.1. Mapping National Laws and Regulations Related to Privacy Rights 28
5.1.1. Information and Communication Technology Act 28
5.1.2. National Telecommunication Monitoring Centre (NTMC) 30
5.1.3. National Broadcast Policy 2014 31
5.1.4. Anti Terrorism (Amendment) Bill 2013 31
5.1.5. The Telegraph Act of 1885 32
5.1.6. The Wireless Telegraph Act of 1933 32
5.1.7. The Bangladesh Telegraph and Telephone Board Ordinance of 1979 and the Bangladesh Telegraph and Telephone Board (Amendment) Act 1995 32
5.1.8. Bangladesh Telecommunication Policy 1998 33
5.1.9. The Bangladesh Telecommunication Act 2001 33
5.1.10. Bangladesh Computer Emergency Response Team (bdCERT) 34
5.2. Types and Methods of Communication Surveillance 35
5.2.1. Telecommunication & Wiretapping 36
5.2.2. Interception of Email and Online Communication 38
5.2.3. Webtapping 39
5.2.4 Personal Data Retention 40
5.3. Communication Surveillance Practiced in Bangladesh 42
5.3.1. Mobile Tapping 42
5.3.2. Monitoring of Mobile Phones 44
5.3.3. Internet Surveillance 45

Chapter 6: Discussion 46
6.1. Government’s Motivation Regarding Communication Surveillance 47
6.2. International Scenario 54
6.3 Violation of Human Rights and Privacy 56

Chapter 7 Conclusion 59

Chapter 8 Limitation & Suggestions for Future Research 62