A Critical Analysis of The Cyber Security Act 2023 of Bangladesh in the Light of the Constitutional Rights of the People.

Abstract

The Cyber Security Act 2023 of Bangladesh represents a significant legislative move in addressing the growing concerns around cybe rcrime, cyber terrorism, and the protection of national security in the digital realm. The Act provides the government with extensive powers, including the ability to monitor online activities, retain personal data, and regulate online content deemed harmful to national security. However, these provisions have raised concerns regarding their potential infringement on constitutional rights, especially the right to privacy, freedom of expression, and due process as enshrined in the Bangladesh Constitution. This thesis critically examines the Cyber Security Act 2023 in light of Bangladesh's constitutional framework, focusing on how the Act’s provisions intersect with fundamental rights. It aims to assess whether the CSA 2023 respects individual freedoms while achieving its objectives of safeguarding national security. The analysis also incorporates a comparative perspective by reviewing cyber security laws from other jurisdictions, such as the USA, UK, and EU, to draw insights for potential reforms in Bangladesh’s legal framework. Through this critical analysis, the thesis seeks to provide recommendations to ensure that the Cyber Security Act 2023 aligns with international human rights standards and constitutional principles, thereby fostering a balance between security and freedom in the digital age.