Balancing Cybersecurity And Individual Rights: A Critical Analysis Of Bangladesh’s Cyber security Act 2023

Abstract

In the digital era, cybersecurity has become a critical national concern, particularly for developing nations like Bangladesh, which faces increasing threats such as cybercrime, data breaches, and digital surveillance. In response, the Government of Bangladesh enacted the Cyber Security Act, 2023, replacing the Digital Security Act, 2018. This thesis critically examines the Cyber Security Act, 2023, focusing on its legal, institutional, and human rights implications. While the Act aims to enhance cybersecurity and protect critical digital infrastructure, it raises concerns about the erosion of constitutionally guaranteed rights, including freedom of expression, privacy, and due process. The research adopts a qualitative doctrinal approach, analyzing the Act in the context of national constitutional provisions and international human rights obligations. Comparative insights from jurisdictions such as India, the European Union, and the United States highlight best practices in balancing security with civil liberties. The study finds that the Act retains many repressive elements of the repealed Digital Security Act, contains vague definitions, lacks adequate judicial oversight, and grants sweeping powers to law enforcement agencies—creating potential for misuse and suppression of dissent. This thesis concludes that while cybersecurity is essential, legal frameworks must be transparent, proportionate, and rights-respecting. It proposes reforms including the enactment of a comprehensive data protection law, clearer legal definitions, enhanced judicial safeguards, and the involvement of civil society in lawmaking. These reforms are vital for ensuring that cybersecurity measures in Bangladesh both protect national interests and uphold democratic freedoms.