An Assignment on

Cybersecurity as a Constitutional Necessity: Safeguarding

Fundamental Rights in Bangladesh’s Digital Governance
Framework

Course Title: Fundamental of Computer Science and IT

Course Code: 0611CIT111
Submitted To
Muhammad Muhtasim
Lecturer
Department of Fundamental of Computer Science and IT
Faculty of Computer Science & Engineering
Submitted by
Name: Md. Rabbi Islam
ID No: 2408030
Reg. No: 13382
Session: 2024-25
Faculty of Law and Land Administration

Patuakhali Science & Technology University

Submission Date: 26-02-2026

Cybersecurity as a Constitutional Necessity:
Safeguarding Fundamental Rights in
Bangladesh’s Digital Governance
Framework

Introduction
Nowadays, the world is going digital. Bangladesh is also moving fast with its
Digital Bangladesh plan. People can now pay taxes, check health info, confirm
their ID, and use government services online.

But going online also brings problems. Cybercrime, data theft, identity fraud, and
fake news are increasing. That’s why cybersecurity is very important.

This assignment talks about why cybersecurity is needed to protect people’s basic
rights in Bangladesh. Without it, rights like privacy, freedom of speech, and
safety can be in danger.

Relevant Constitutional Article and Example

According to Article 31 - Right to protection of law
31. To enjoy the protection of the law, and to be treated in accordance with law,
and only in accordance with law, is the inalienable right of every citizen, wherever
he may be, and of every other person for the time being within Bangladesh, and in
particular no action detrimental to the life, liberty, body, reputation or property of
any person shall be taken except in accordance with law.
Example:
Suppose a citizen’s personal data stored in a government database is leaked due to
weak cybersecurity measures. As a result, their bank information is misused and
their reputation is harmed. In such a situation, the individual suffers damage to
property and reputation without adequate legal protection. Article 31 implies that
the State must ensure effective legal safeguards, including digital security systems,
to prevent such harm. Without proper cybersecurity, the constitutional promise of
protection under the law becomes practically meaningless.

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According to Article 32 - Protection of right to life and personal liberty
32. No person shall be deprived of life or personal liberty save in accordance with
law.
Example:
In the digital age, a person’s life and liberty extend beyond physical existence to
their digital identity. If someone becomes a victim of cyberbullying, online
harassment, or identity theft, the psychological and social consequences may
seriously affect their personal liberty and mental well-being. For instance, leaked
private images or personal data can cause severe emotional distress and restrict a
person’s freedom to live safely in society. Therefore, strong cybersecurity
measures are necessary to protect the broader interpretation of “life and personal
liberty” under Article 32.
According to Article 39 - Freedom of thought and conscience, and of speech
39. (1) Freedom of thought and conscience is guaranteed.
(2) Subject to any reasonable restrictions imposed by law in the interests of the
security of the State, friendly relations with foreign states, public order, decency or
morality, or in relation to contempt of court, defamation or incitement to an
offence–
(a) the right of every citizen to freedom of speech and expression; and
(b) freedom of the press, are guaranteed.
Example:
If journalists, activists, or ordinary citizens fear that their online communications
are being monitored or that their accounts may be hacked, they may hesitate to
express their opinions freely. This creates a chilling effect on freedom of speech.
For example, a blogger who avoids discussing sensitive public issues due to fear of
digital surveillance is indirectly deprived of full freedom of expression. A secure
digital environment is therefore essential to ensure that the constitutional guarantee
of free speech under Article 39 remains effective in practice.
According to Article 43 - Protection of home and correspondence
43. Every citizen shall have the right, subject to any reasonable restrictions
imposed by law in the interests of the security of the State, public order, public
morality or public health –
(a) to be secured in his home against entry, search and seizure; and
(b) to the privacy of his correspondence and other means of communication.
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Example:
Traditionally, the concept of “home” referred to physical premises. However, in
modern society, personal devices such as smartphones, laptops, emails, and
messaging platforms function as extensions of one’s private space. If unauthorized
individuals gain access to a citizen’s private messages or emails through hacking, it
constitutes a violation of privacy. For example, the unlawful interception of
personal communications directly undermines the right to privacy guaranteed
under Article 43. Thus, cybersecurity mechanisms such as encryption and data
protection systems are crucial to safeguard this constitutional right.
After analyzing the specific some articles we understand that in the digital age,
constitutional rights are no longer confined to physical space; they extend to
cyberspace. Therefore, cybersecurity becomes a practical instrument for the
enforcement of fundamental rights.

Rising Cyber Threats in Bangladesh

In recent years, cybercrime has grown a lot in Bangladesh. Social media
fraud, identity theft, phishing, ransomware attacks, and hacking are now common.
Hackers have targeted government websites and private databases, causing big data
leaks. In one case, personal information of millions of citizens was exposed,
showing how serious the problem is.

Mobile financial services are often attacked. Scammers use fake messages and
phishing to trick users. Other cyber threats include online harassment,
cyberstalking, illegal betting, and cryptocurrency scams. Young people, especially
those aged 18–30, are often the victims. These threats show that cybercrime is real
and affects people’s safety, rights, and money.

Cyber Threats in Bangladesh

Bangladesh is going digital fast, but this creates risks. Main threats include:

 Phishing and Scams: Fake emails, SMS, or websites trick people into
giving sensitive info like bank details or NID numbers. Many, especially in
villages, do not know these risks.
 Ransomware: Hackers lock important data and ask for money. In 2019,
some government and private databases were locked, stopping services like
health records and online payments.

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  Data Breaches: Hackers get unauthorized access to databases, exposing
personal info. Millions of citizens’ data has leaked online.
 Cyber Espionage: Hackers try to steal important info from banks, research
centers, and government offices. This can harm national security.
 Insider Threats: Sometimes employees or contractors misuse access to
sensitive systems, so strict controls are needed

Case Studies and Examples

1. Md Sabuj Ahmad vs State (2017) Guidelines Fact & Judgement:
 Facts: Involved accusations under the strict provisions of the ICT Act, 2006
(specifically Section 57, often used for online defamation/provocation).
 Judgement: The High Court, addressing the arbitrary use of the law, laid
down that while considering bail under the ICT Act, courts must strictly
scrutinize the prima facie case, the nature of the digital content, and ensure
that legitimate freedom of expression is not suppressed.
 Significance: It served as a landmark ruling to restrict the overuse of non-
bailable provisions in cyber cases before the enactment of the DSA.

2. A. Shafiq Ahmed v. The State (High Court of Judicature at Madras,

[Link].7778 of 2023, 28-04-2023)
 Fact: The petitioner was granted bail, but a condition to deposit ₹25,00,000
kept him in jail as he could not pay.
 Judgement: The court ruled that bail conditions should not be so harsh that
they deny bail; the ₹25,00,000 condition was set aside, while other
conditions remain.

3. Bangladesh Bank Heist (2016): Hackers tried to steal $101 million by

compromising SWIFT banking credentials. This showed serious weaknesses
in financial cybersecurity and how digital attacks can threaten both national
and personal economic security.
4. Social Media Manipulation: Fake accounts, misinformation campaigns, and
hacked profiles have influenced public opinion. These attacks threaten
freedom of expression and can affect democratic processes.
5. Healthcare System Vulnerabilities: Many hospitals store digital health
records without strong protection. A cyber breach could expose sensitive
patient information, putting privacy and health rights at risk.

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Digital Governance in Bangladesh
Bangladesh is rapidly moving toward digital governance. Many public services,
government records, and communication systems are now managed online to make
services faster and more accessible.
Key Organizations:
ICT Division: Leads digital initiatives and policies for the government.
Bangladesh Computer Council (BCC): Develops IT infrastructure and supports
digital projects.
a2i Programme: Implements e-services like digital ID, online forms, and citizen
portals.
Services Provided:
 Online government services for citizens
 Digital ID systems for verification
 Management of official databases
Link to Cybersecurity:
While digital services make life easier, they also increase risks. More online data
means more chances of hacking, identity theft, and privacy violations. This shows
why cybersecurity is essential to protect citizens’ rights.

Legal Framework
Bangladesh has two important laws to keep digital systems safe: the Digital
Security Act 2018 (DSA 2018) and the Cyber Security Act 2023.
Digital Security Act 2018 (DSA 2018):
DSA 2018 is the first major law in Bangladesh to control digital crimes. It helps
prevent hacking, online fake news, fraud and illegal digital activities. The law
protects citizens, but some sections may create restrictions on online expression.
Therefore, if not properly implemented, it may affect the freedom of citizens.

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Cyber Security Act 2023 (CSA 2023):
CSA 2023 mainly focuses on digital systems and data security. It sets rules for
keeping government and private databases, networks and sensitive information
secure. CSA 2023 has created modern standards for keeping citizens' personal
information secure and helps prevent cyber attacks.
Comparison:
 Both laws try to protect citizens online.
 DSA 2018 may affect free speech, while Cyber Security Act 2023 mainly
focuses on safety and data protection.
 Together, they show the government wants a safe digital space, but it is
important to make sure people’s rights like privacy and freedom are not
ignored.

Institutional and Capacity Limitations

 Shortage of Skilled Professionals: Bangladesh does not have enough
trained cybersecurity experts, which makes it hard to monitor and respond to
cyber attacks.
 Outdated Infrastructure: Many government offices use old systems that
are easy targets for hackers.
 Low Public Awareness: People often do not know how to stay safe online,
which increases their risk of cybercrime.

Cybersecurity as a Constitutional Safeguard

Cybersecurity protects citizens’ rights in real life, not just in law:

 Privacy and Data Protection: Strong systems stop unauthorized access to

personal and financial information.
 Freedom of Expression: Protection from hacking or censorship lets people
communicate safely online.
 Trust in Digital Governance: Secure systems make citizens confident in
using online government services.
 Preventing Economic Loss: Cybersecurity protects online banking, mobile
payments, and business transactions from fraud, keeping the economy safe.

Challenges

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Digital governance in Bangladesh has improved many services, but it also brings
new challenges.
1. Data Breaches: Government and private databases sometimes face hacking or
leaks, putting citizens’ personal information at risk.
2. Cyber Attacks: Online fraud, phishing, and ransomware attacks are becoming
more common.
3. Privacy Concerns: Citizens worry about unauthorized monitoring of their
online communication and personal data.
4. Digital Literacy: Many people are not fully aware of safe online practices,
making them vulnerable to cyber threats.
5. Balancing Rights and Security: Laws like DSA 2018 aim to protect security,
but sometimes they can limit freedom of expression and privacy.
Overall, while Bangladesh’s digital system makes life easier, these challenges
show why strong cybersecurity measures are essential to protect citizens’ rights
and maintain trust in digital services.

Challenges and Gaps

Despite progress, Bangladesh still faces many cybersecurity challenges. Laws
exist, but they are often not properly enforced. Many government and private
organizations do not have dedicated cybersecurity teams or strong systems. Old
software, weak security, and poor threat detection make important data vulnerable.

There is also a big shortage of trained cybersecurity professionals. Most schools

and colleges focus on general IT skills rather than specialized cybersecurity
training, leaving a gap in the workforce.

Public awareness is low too. Many people do not know about basic cyber safety,
like using strong passwords, avoiding phishing scams, or reporting suspicious
activity. Without proper digital knowledge, citizens remain easy targets for
cybercrime.

Recommendation and Solution for Strengthening

Cyber Security

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1. Access and Inclusivity
E-governance must ensure equal access for all citizens, including those in rural
areas and individuals with limited digital skills. Digital services should reduce
inequality, not create new barriers.

2. Data Security and Privacy

Strong cybersecurity measures are necessary to protect citizens’ personal data from
unauthorized access, misuse, or breaches. Privacy protection builds public trust in
digital governance.

3. Digital Infrastructure
Reliable internet connectivity, secure servers, updated software, and skilled
technical staff are essential for smooth and secure e-governance operations.

4. Usability and Efficiency

Digital systems should be user-friendly, transparent, and time-efficient. The goal of
e-governance is to simplify services and improve the citizen experience.

5. Legal Clarity and Accountability

Clear cyber laws and defined institutional responsibilities help prevent misuse of
digital authority. Citizens should have legal remedies if their digital rights are
violated.

6. Cyber Threat Preparedness

Governments must be prepared to respond to cyber threats such as hacking,
phishing, and ransomware through regular security audits and emergency response
systems.

7. Digital Literacy and Awareness

Public awareness and training programs are necessary so citizens can safely and
effectively use digital services.

8. Transparency and Public Trust

Clear data policies and open communication about cybersecurity practices
strengthen trust between citizens and the government.

9. Institutional Capacity Building

Government officials and IT personnel must receive proper training to manage and
secure digital platforms effectively.

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10. Alignment with International Standards
Adopting global cybersecurity standards improves system reliability and ensures
compatibility with international best practices.

Conclusion
Cybersecurity is not just an extra feature of digital services—it is essential to
protect citizens’ rights in Bangladesh. As the country moves forward with digital
governance, strong cybersecurity will keep people’s privacy, freedom of speech,
and personal safety secure. It will also build trust in government services and help
the country grow socially and economically in a safe and reliable digital
environment.

Reference:
1. Cyber Security Act:
[Link]
2. Digital Security Act:
[Link]
3. Right to Information Act 2009
[Link]
4. Pollution Sustainability Directory
[Link]
and-solutions/
5. Cyber Security Governance Under the Cyber Laws of Bangladesh: An
Overview
✍Authors: Mohammad Shahadat Hossain & Mahfuza Mallika
Published in International Journal of Research and Innovation in Social
[Link]
4/[Link]?utm_source=[Link]
6. Dhaka University Repository
[Link]
7. ScienceDirect
[Link]
8. Information and Communication Technology Division
[Link]
9. Bangladesh Computer Council (BCC)

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 [Link]
10. The Business Standard
[Link]
921596
11. Md. Shofiq Ahmed vs The State (2022):
Convict-appellant enlarged on bail in Cyber Tribunal Case No. 02 of 2020
(arising out of Cyber Tribunal Petition Case No. 105 of 2019) regarding
sections 25 and 29 of the Digital Security Act, 2018.
[Link]
[Link] Sabuj Ahmad vs State (2017):
The High Court Division provided crucial guidelines for bail hearings under
the Information and Communication Technology (ICT) Act, 2006.

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