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7-year jail for breaching sensitive personal data

7-year jail for breaching sensitive personal data
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The interim government on Thursday approved a draft of the Personal Data Protection Ordinance 2025, with a provision for a maximum of seven years of imprisonment and a Tk20 lakh fine, or both, for violations of the law.

“If any person breaches Section 37 or any other provision of this ordinance, processes sensitive personal data without explicit consent or any other legal basis, such an act shall constitute an offence,” the law states.

According to Section 36 of the draft ordinance, “Sensitive Personal Data” means genetic data, biometric data, data relating to minority communities, political or philosophical ideology, religious belief, or any other similar ideology or belief, and data relating to membership in any trade union.

The approval was given at a meeting of the council of advisers chaired by Chief Adviser Muhammad Yunus at his office.

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Briefing reporters at the Foreign Service Academy, Faiz Ahmad Taiyeb, special assistant to the chief adviser for the Ministry of Posts, Telecommunications and Information Technology, said once the ordinance is passed, it will play an important role in maintaining international standards, and the overall development of the digital sector.

“We are creating an environment where innovation can thrive without compromising citizens’ fundamental rights by ensuring data confidentiality, integrity, and lawful use,” he said.

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The proposed draft also mentions punishment for breaching health-related information, financial data, location, mobile numbers, national identification numbers, among others.

If any data controller, processor, or any other person, without the necessary consent or legal basis under this ordinance, and with dishonest intent or for personal gain – processes personal data, or provides, transfers, or discloses personal data to any third party, or receives such data from a third party, it will be considered an offence.

The violator will face a maximum five-year jail term along with a Tk10 lakh fine, or both, the law states.

The meeting also approved in principle the drafts of 11 ordinances and three proposals.

Other approved draft ordinances include the National Data Governance Ordinance, 2025, the Deposit Protection Ordinance, 2025, and several Unnayan Kartripakkha Ordinances for Mymensingh, Barishal, and Rangpur.

The Customs Act 2023 (Amendment) Ordinance 2025, and the Value Added Tax and Supplementary Duty Act 2012 (Second Amendment) Ordinance 2025, were also approved.

Additionally, the Income Tax Act 2023 (Amendment) Ordinance 2025, the Cyber Security (Amendment) Ordinance 2025, and the Civil Courts (Amendment) Ordinance 2025, were among the drafts approved.

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