Digital Security Act, 2018

0
4237
The Government of Bangladesh through a gazette on April 9th, 2018 published the Digital Security Act, 2018 to make provisions for ensuring digital security and identification, prevention, suppression and trial of offences committed through digital device and for matters ancillary thereto.
The Act provides the following sections:
CHAPTER I – Preliminary
1. Short title and commencement.
2. Definitions.
3. Application of the Act.
4. Extra territorial application of the Act.
CHAPTER II – Digital Security Agency
5. Establishment of Agency, Office, etc.
6. Appointment of the Director General and the Directors, tenure, etc
7. Manpower of the Agency
CHAPTER III – Preventive Measures
8. Power to remove or block some data-information.
9. Emergency Response Team.
10. Digital forensic lab.
11. Quality control of digital forensic lab.
CHAPTER IV – Digital Security Council
12. National Digital Security Council.
13. Power, etc. of the Council.
14. Meeting, etc. of the Council.
CHAPTER V – Critical Information Infrastructure
15. Critical information infrastructure.
16. Monitoring and inspection of the safety of a critical information
infrastructure.
CHAPTER VI – Offence and Punishment
17. Punishment for illegal access to any critical information infrastructure, etc.
18. Illegal access to computer, digital device, computer system, etc. and
punishment.
19. Damage of computer, computer system, etc. and punishment.
20. Offence and punishment related to modification of computer source
code.
21. Punishment for making any kind of propaganda or campaign against
liberation war, spirit of liberation war, father of the nation, national anthem
or national flag.
22. Digital or electronic forgery.
23. Digital or electronic fraud.
24. Identity fraud or personation.
25. Transmission, publication, etc. of offensive, false or threatening datainformation.
26. Punishment for unauthorized collection, use etc. of identity
information.
27. Offence and punishment for committing cyber terrorism.
28. Publication, broadcast, etc. of information in website or in any
electronic format that hurts the religious values or sentiment.
29. Publication, transmission, etc. of defamatory information.
30. Offence and punishment for e-transaction without legal authority
31. Offence and punishment for deteriorating law and order, etc.
32. Offence and punishment for breaching secrecy of the Government.
33. Punishment for holding, transferring data-information illegally, etc
34. Offence related to hacking and punishment thereof
35. Abetment of committing an offence and punishment thereof
36. Offence committed by a company.
37. Power to issue order for compensation.
38. The service provider not to be responsible.
CHAPTER VII – Investigation of Offence and Trial
39. Investigation, etc.
40. Time-limit for investigation, etc.
41. Power of Investigation Officer.
42. Search and seizure by warrant.
43. Search, seizure and arrest without warrant.
44. Preservation of information.
45. Not to hamper the general usage of computer.
46. Assistance in investigation.
47. Secrecy of the information obtained in course of investigation.
48. Cognizance of offence, etc.
49. Trial of offence and appeal.
50. Application of the Code of Criminal Procedure.
51. Taking opinion of experts, training, etc.
52. Time-limit for disposal of case.
53. Offences to be cognizable and bailabe.
54. Forfeiture.
CHAPTER VIII – Regional and International Cooperation
55. Regional and international cooperation.
CHAPTER IX – Miscellaneous
56. Delegation of power.
57. Actions taken in good faith
58. Evidentiary value.
59. Removal of difficulty.
60. Power to make rules.
61. Amendment and savings of the Act No. XXXIX of 2006.
62. Publication of English text.