The document discusses challenges around data protection and privacy in Nepal. It notes that while privacy is a constitutional right, Nepal lacks a specific data protection law. The existing Electronic Transaction Act of 2006 and Right to Information Act of 2007 provide limited protections for personal data. Several draft bills have been proposed but do not adequately address data protection. There is a need for more discussion and consultation among stakeholders to push for a new comprehensive data protection law in Nepal.

1. " Whois-Challenges of data Protection & Privacy"
Bikram Shrestha
Co-Chair
Cooperation SIG
Nepal Prospective

2. WHOIS: a tool to access to public
information

3. v Privacy is a constitutional right in Nepal under
Article 28 of the Constitution and that includes
Data Protection Principles.
v The Constitutional provision also talks about
protection of data but there is no specific Data
Protection law.
Overview

4. v The law in effect for the Privacy and Data Protection
on electronic form is "Electronic Transaction Act
2006" which is very limited about specific data
protection.
v Existing "Right to Information Act 2007" has provided
personal data as a limitation to the right to
information. Public agencies are not allowed to make
public personal information (Section 3)
Current Legal Status

5. v MoCIT has prepared a draft bill on Information
Technology, Currently, this is under consultation.
v This draft also does not address the data protection
properly.
v Individual Privacy Bill 2018 has been tabled to the
parliament;
v Internet Society Nepal and Internet Governance
Institute held expert consultation on 7 Sept 2018
Initiatives

6. v Proposed bill does not address the issue of Data
Protection adequately.
v Need for more multi-stakeholder discussion &
Consultation
v Community to aggressively push for new data
protection law in Nepal.
Way forward

7. Thank you!!!