Table of Contents
Privacy is a fundamental human right at both the international and national levels in Nepal. The right to privacy has been expressly constitutionally guaranteed in Nepal under Article 28 of the Constitution of Nepal (2015), which supports every person's right to informational and personal privacy. This right has been further supplemented by legislative initiatives such as the Privacy Act, 2018 (2075 B.S.) which provides comprehensive legal arrangements for the protection of personal data, communication, residence, and other aspects of individual privacy. With the increasing use of digital platforms, surveillance mechanisms, and data-driven governance, privacy laws have become more relevant than ever in Nepal.
The Privacy Act, 2018, and other relevant laws such as the Electronic Transactions Act, 2006, and the Individual Privacy Directive, aim to regulate the collection, storage, and use of personal data. These laws have strict measures against unauthorized access, data breaches, and misuse of personal data by state and private entities. Also, with the growth of Nepal's digital infrastructure, data security, surveillance, and online privacy have become pressing issues, demanding stronger enforcement of existing laws and potential amendments to fend off emerging threats.
Despite these legal measures, there are impediments to the proper enforcement of privacy laws in Nepal. Poor public awareness, weak enforcement mechanisms, and a lack of specialized data protection agencies have led to lacunae in privacy protection. Further, the rapid digitalization of banking, healthcare, and government services has increased the risk of data breaches and cybercrimes. Consolidation of privacy laws, organizational compliance, and public awareness are necessary steps toward the safeguarding of privacy rights in Nepal.
Legal provision relating to privacy in Nepal
National Penal Code, 2074 has mentioned offenses against privacy in Part 3, Chapter 1 different provisions. they are listed as follows: -
Prohibition of listening to or recording other's conversations. (National Penal Code, 2074 Sec 293)
No individual shall use any mechanical device to eavesdrop on or record a conversation between two or more people without the consent of those involved or authorization from the relevant authority. This act shall not apply to any speech or statement made publicly.
Punishment
A sentence of imprisonment for a term not exceeding two years or a fine not exceeding twenty thousand rupees or both.
Prohibition of divulging confidential matters. (National Penal Code, 2074 Sec 294)
No individual shall disclose another person's confidential information obtained during professional duties unless required by law or permitted by the concerned person.
Punishment
A sentence of imprisonment for a term not exceeding one year or a fine not exceeding ten thousand rupees or both.
Prohibition of taking or disfiguring photographs of any person without his or her consent. (National Penal Code, 2074 Sec 295)
No one shall take a photograph of another person or alter an image by combining it with another’s photograph without their consent. However, capturing an individual’s image incidentally while photographing a public place shall not be considered a violation under this provision.
Punishment
A sentence of imprisonment for a term not exceeding one year or a fine not exceeding ten thousand rupees or both.
No person shall capture or modify another individual’s photograph without their consent by combining it with another image. However, taking a person’s photograph unintentionally while photographing a public place shall not be deemed an offense under this provision.
Punishment
A sentence of imprisonment for a term not exceeding two years or a fine not exceeding twenty thousand rupees or both.
Prohibition of giving or selling one’s photograph to another without consent. (National Penal Code, 2074 Sec 296)
No one shall give, sell, publish, or distribute another person's photograph without their consent, especially with the intent to harass, disturb, exploit, or gain an unfair advantage, including for commercial purposes.
Punishment
A sentence of imprisonment for a term not exceeding three years or a fine not exceeding thirty thousand rupees or both.
Prohibition of opening letters or tapping telephone conversations. (National Penal Code, 2074 Sec 297)
No one shall open another person's letter or intercept or record their telephone conversation using any mechanical device without authorization from the relevant authority or the individual's consent.
Punishment
A sentence of imprisonment for a term not exceeding two years or a fine not exceeding twenty thousand rupees or both.
Prohibition of breaching privacy through electronic means. (National Penal Code, 2074 Sec 298)
No one shall unlawfully access, intercept, or disclose any notice, information, or correspondence stored in or transmitted through electronic means, nor shall they transfer or facilitate the transfer of such data without authorization.
Punishment
A sentence of imprisonment for a term not exceeding two years or a fine not exceeding twenty thousand rupees or both.
Prohibition of deceitfully making telephone calls or transmitting messages. (National Penal Code, 2074 Sec 299)
No one shall fraudulently make or initiate a phone call or send a message, whether disclosing their identity or not, with the intent to evade, deceive, harass, or disturb another person.
Punishment
A sentence of imprisonment for a term not exceeding two years or a fine not exceeding twenty thousand rupees or both.
Prohibition of writing letters with dishonest intention of annoying. (National Penal Code, 2074 Sec 300)
No one shall, with dishonest intent, intimidate, harass, insult, or defame another person by writing or facilitating the writing of a letter, pamphlet, document, or using electronic means, nor shall they engage in any improper behavior that causes fear, distress, or discomfort to that person.
Punishment
A sentence of imprisonment for a term not exceeding one year or a fine not exceeding ten thousand rupees or both.
Prohibition search other's bodies. (National Penal Code, 2074 Sec 301)
Unless authorized by the competent authority or assigned for security purposes with proper approval, no one shall search or arrange the search of another person's body, vehicle, or personal belongings without their consent.
Punishment
A sentence of imprisonment for a term not exceeding one year or a fine not exceeding ten thousand rupees or both.
Prohibition of unauthorized entry into other's residences. (National Penal Code, 2074 Sec 302)
Unless permitted by the competent authority or authorized by law, no one shall forcibly enter another person's home, violate the privacy of the homeowner or their family, or conduct or arrange a search without the homeowner's consent.
Punishment
A sentence of imprisonment for a term not exceeding three years or a fine not exceeding thirty thousand rupees or both.
Miscellaneous provisions
Compensation
If a person gains any benefit or causes harm, loss, distress, or injury to another by committing an offense under this Chapter, the offender shall also be required to compensate the victim for the damage suffered.
Statute of Limitation.
The time limit for filing a case related to privacy is three months.
| Section | Provision | Punishment |
|---|---|---|
| Sec 293 | Prohibition of listening to or recording other's conversations | Imprisonment up to 2 years or fine up to Rs. 20,000 or both |
| Sec 294 | Prohibition of divulging confidential matters | Imprisonment up to 1 year or fine up to Rs. 10,000 or both |
| Sec 295 | Prohibition of taking or disfiguring photographs without consent | Imprisonment up to 1 year or fine up to Rs. 10,000 or both |
| Sec 296 | Prohibition of giving or selling one's photograph without consent | Imprisonment up to 3 years or fine up to Rs. 30,000 or both |
| Sec 297 | Prohibition of opening letters or tapping telephone conversations | Imprisonment up to 2 years or fine up to Rs. 20,000 or both |
| Sec 298 | Prohibition of breaching privacy through electronic means | Imprisonment up to 2 years or fine up to Rs. 20,000 or both |
| Sec 299 | Prohibition of deceitfully making telephone calls or transmitting messages | Imprisonment up to 2 years or fine up to Rs. 20,000 or both |
| Sec 300 | Prohibition of writing letters with dishonest intention of annoying | Imprisonment up to 1 year or fine up to Rs. 10,000 or both |
| Sec 301 | Prohibition of searching others' bodies without authorization | Imprisonment up to 1 year or fine up to Rs. 10,000 or both |
| Sec 302 | Prohibition of unauthorized entry into another's residence | Imprisonment up to 3 years or fine up to Rs. 30,000 or both |
Privacy laws of Nepal have the potential to ensure that the personal and informational privacy of people is well protected. Constitutional protection in Article 28, combined with the Privacy Act, 2018, and clauses of the National Penal Code, 2074, forms the framework to guarantee the people a defense against any unauthorized access, interception, or misutilization of their personal information. Challenges related to lax enforcement, low levels of awareness, and emerging new technology-related challenges continue to face privacy in Nepal. Strengthening the implementation of the law, enhancing awareness, and institutional accountability are required to ensure privacy rights in Nepal. With the development of technology, there will be a need for ongoing legal reforms and stringent enforcement to tackle new privacy issues.