A draft of the Telecommunications Bill is prepared so that any person’s conversation can be recorded
The Ministry of Communication and Information Technology has drafted a bill to amend the Telecommunications Act so that any person’s conversation can be recorded.
In the draft of the bill made to amend and unify the law related to telecommunication, a provision has been made that the conversation of any person can be recorded by the authorized investigating agency of the Government of Nepal.
It is stated in subsection 1 of section 77 of the draft bill, “In the case of activities contrary to the sovereignty, integrity and national interest of Nepal and against treason, crime or organized crime or criminal crime, the investigative body authorized by the Government of Nepal shall record the conversation of any person, including identification. Openings and other service-related details can be obtained from service providers for research.
Now any person has to get permission from the court to get the call records. But if this bill is passed by the parliament, the government can record the calls of any person if it wants without the permission of the court.
Similarly, in the draft, provision has also been made to install a mechanism to gain access to the service provider’s system to record the conversation.
In sub-section 2 of section 77, it has been stipulated that the system for access to the system of service providers using appropriate technology for the work as per sub-section 1 and the provision of access to information shall be as prescribed.
In the draft, if there is reasonable cause to believe that any person is using telephone, mobile phone or any other means of telecommunication to commit a crime or is about to do so or is exchanging any kind of information through electronic or any other medium, the officer investigating such crime shall take the permission of the officer handling the case. Provision has been made to order the relevant agency official or service provider to deactivate the telephone, mobile phone or media or arrange for no phone or communication.
After giving such an order, the relevant agency, official or service provider should disable the telephone, mobile phone or communication or arrange for no communication.
A provision has been proposed in the draft of the bill to ask for telephone or communication details. Section 80 of the Bill states, ‘If a person is found to have used a telephone, mobile phone or any other type of telecommunication to commit a crime or to exchange any information through electronic or any other means of communication, the officer investigating such crime shall, with the permission of the investigating officer, use such telephone , may order the relevant authorities, agencies or service providers to provide details or information related to telecommunications through mobile phones or telecommunication media.’
In case of order, such officer, agency or service provider shall provide details or information related to such telephone, mobile phone’s communication medium or the communication made therefrom.
The Ministry of Communication and Information Technology has prepared to finalize the draft of the bill made to amend and unify the laws related to telecommunication brought in the internal discussion. On Monday, the Council of Ministers has given principle approval to bring the bill.
Now the ministry will send the draft opinion to the Ministry of Finance and Ministry of Law. After that, the draft bill will be sent to the Council of Ministers for finalization. The Bill will go to the Parliament after it is passed by the Council of Ministers. After the passage of the Parliament, the Bill will take the form of an Act.
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