What Nepal Individual Privacy Act 2018 - Ministry of Home Affairs requires
Nepal's Individual Privacy Act 2018 (Byaktigat Gupta Raakhne Sambandhi Ain, 2075 B.S.), enacted by the Federal Parliament of Nepal and authenticated by the President of Nepal, is Nepal's primary legislation protecting the privacy of individuals and establishing rights and obligations regarding the handling of personal information. The Individual Privacy Act was enacted pursuant to the right to privacy guaranteed as a fundamental right under the Constitution of Nepal 2015 (Sambat 2072 B.S.), which protects the privacy of individuals, their families, residences, correspondence, and personal information. The Act establishes a rights-based framework for personal information protection applicable to both public and private sector entities that collect, process, or store personal information of Nepali individuals. Enforcement of the Individual Privacy Act is administered through the Ministry of Home Affairs and the courts, with criminal sanctions applying to violations. Key features of Nepal's Individual Privacy Act 2018: (1) Scope - applies to individuals and institutions collecting, processing, or storing personal information of individuals in Nepal; (2) Right to privacy - individuals have the fundamental right to privacy over their personal information, body, family, home, communication, and reputation; (3) Personal information categories - covers any information relating to an identifiable natural person including health, financial, and sensitive identification information; (4) Consent requirement - personal information may only be collected and processed with the knowledge and consent of the individual except where a legal basis exemption applies; (5) Purpose limitation - personal information must be collected for specified and legitimate purposes and not used beyond those purposes; (6) Sensitive personal information - heightened protection for health records, sexual conduct, financial information, and information that could adversely affect a person's dignity or reputation; (7) Data subject rights - individuals have rights to access their personal information, correct inaccuracies, and prevent unauthorised disclosure; (8) Security obligations - entities holding personal information must protect it from unauthorised access, use, or disclosure using appropriate security measures; (9) Prohibition on unauthorised disclosure - disclosure of personal information without consent or legal authorisation is prohibited and carries criminal penalties; and (10) Cross-border obligations - entities transferring personal information outside Nepal must ensure appropriate protection. Nepal's Individual Privacy Act represents an important step in South Asian personal data protection and reflects the constitutional guarantee of the right to privacy.
Pillar: Data Protection & Privacy · Authority: Ministry of Home Affairs (Nepal) · Version: 1.0.0 · Last updated:
Primary source: https://www.nepal.gov.np/
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Primary Citations — 7 traced to source
- Individual Privacy Act 2018 (Byaktigat Gupta Raakhne Sambandhi Ain, 2075 B.S., Nepal) - constitutional basis: right to privacy under the Constitution of Nepal 2015; scope: individuals and institutions collecting personal information; consent requirement; purpose limitation; proportionality; accuracy; security; confidentiality; retention limitation; transparency; sensitive personal information: health, sexual conduct, financial, criminal history, biometric; data subject rights: access, correction, prevention of unauthorised disclosure; prohibited disclosure with criminal sanctions; cross-border transfer obligations
- Constitution of Nepal 2015 (Sambat 2072 B.S.) - fundamental right to privacy - Nepal's Constitution guarantees the right to privacy of individuals, their families, residences, correspondence, property, and personal information as a fundamental right; the Individual Privacy Act 2018 implements this constitutional guarantee; constitutional right to privacy enforcement is available before the courts including the Supreme Court of Nepal through writ petition; the right to information is separately guaranteed and intersects with personal data protection
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