The Privacy Act, 2075 (2018)

The Privacy Act, 2018 in Nepal addresses the protection of personal data and privacy rights of individuals by regulating the collection, storage, and processing of personal information.

As a business, you may be collecting data from your consumers and many other business associates. Be aware that you don’t infringe on their privacy rights.

The Privacy Act, (2075) 2018 protects privacy rights in Nepal.

What is the law about?

It gives directions for keeping personal information and sensitive data safe. The Act protects everyone’s privacy rights and makes sure that sensitive data is kept safe.

The law gives us direction towards protecting our privacy of:

  •   body,
  •   family,
  •   home,
  •   belongings,
  •   documents,
  •   data,
  •   messages, and
  •   personal information online.

 

What does it mean by personal information?

(a) Information about your background, like caste, ethnicity, birth, religion, and marital status.

(b) Details about your education or qualifications.

(c) Your address, phone number, or email address.

(d) Important identification documents like passports, ID cards, or licenses.

(e) Letters you send or receive that mention personal information.

(f) Biometric information like fingerprints, retina scans, or blood groups.

(g) Information about any criminal history or sentences.

(h) Opinions or views expressed by professionals or experts during decision-making.

Who does it regulate?

The Act applies to both individuals and public organizations that handle data, as it sets rules for data protection and privacy.

→What are the situations when your privacy is disclosed?

Your privacy of physical or mental condition or private life can be revealed when:

(a) you agree to disclose/share it, 

(b) you have already made it public willingly, 

(c) you are being investigated as part of a criminal case by an official involved for investigation or prosecution, 

(d) if you want to get a benefit or special treatment you have to reveal your physical condition or private life to get the benefit or special treatment.