The government has introduced a new ordinance aimed at penalizing unauthorized surveillance by any individual, including government entities. The ordinance also eliminates any previous interception agencies or telecommunications monitoring centers.
If approved, the ordinance could result in the disbandment of the National Telecommunications Monitoring Centre, which has been known for conducting extensive surveillance activities. An investigation by The Daily Star had revealed that the NTMC, along with the police and Rab, had collectively procured surveillance equipment worth over Tk 1,382 crore from 2016 to 2024 for unauthorized surveillance purposes.
The proposed law, titled “Bangladesh Telecommunications Ordinance 2025,” was drafted by the Posts and Telecommunications Division and made available for feedback on Tuesday. It emphasizes that interception and surveillance activities will be subject to oversight by both the parliament and judiciary. The law also establishes multiple oversight bodies responsible for supervising the execution of “lawful interception.”
Under the new law, unauthorized interception could result in up to 10 years of imprisonment and fines up to Tk 10 crore for individuals and up to Tk 100 crore for institutions. It outlines the establishment of a Central Lawful Interception Platform (CLIP) under the home ministry to conduct lawful interception activities.
The draft specifies that all interception activities must be requested through the CLIP by authorized agencies, based on court directives or orders from an Independent Oversight Council. This council, comprising five members nominated by key government officials and retired judges, will review interception applications and investigate related complaints.
Intercepted data cannot be retained for more than a month without court approval, and evidence collected through interception must be limited to the authorized purpose. Only specific law enforcement agencies, such as the Bangladesh Police and National Security Intelligence, will be authorized to seek interception for legitimate reasons, including national security concerns.
The draft emphasizes the necessity for interception requests to adhere to principles of necessity, proportionality, legality, and accountability. It prohibits interception for political or personal reasons and mandates the preparation and presentation of “National Interception Reports” to parliament annually for review by a parliamentary standing committee.
Overall, the proposed ordinance aims to regulate and streamline interception and surveillance activities in Bangladesh with a focus on legality, oversight, and accountability.