Reforming the Cybersecurity Act 2024 in Bangladesh is essential as the country increasingly navigates the complexities of a digital world fraught with cyber threats. Despite being a significant stride toward securing the nation's digital framework, the current legislation falls short in critical areas such as data privacy, human rights, and international collaboration. To effectively address these deficiencies, Bangladesh must undertake revisions to its cybersecurity laws and consider signing the Budapest Convention on Cybercrime. This dual approach would align Bangladesh with international standards, enhance its Global Cybersecurity Index (GCI) ranking, ensure stronger protections for its citizens, and bolster its overall cybersecurity resilience.
The Budapest Convention, established in 2001, stands as the first international treaty designed to tackle internet and computer-related crimes. It offers a framework that promotes the harmonization of laws across member states, fosters international cooperation, and ensures that cybercrimes are investigated and prosecuted effectively. This convention is widely regarded as a benchmark for global efforts against cybercrime, providing clear guidelines for mutual legal assistance (MLA) and the exchange of cyber intelligence, which are crucial for responding to cross-border cyber threats.
The ITU Global Cybersecurity Index (GCI) assesses countries' commitments to cybersecurity across five essential pillars: legal measures, technical capabilities, organizational structures, capacity building, and international cooperation. Nations that adhere to international treaties like the Budapest Convention typically score higher due to their enhanced collaborative capabilities in countering cyber threats.
Currently, the Cybersecurity Act 2024 lacks adequate safeguards for personal data protection. As digital activities proliferate, so too does the risk of misuse of personal information. To protect citizens' rights and ensure adherence to global standards, such as the EU General Data Protection Regulation (GDPR), Bangladesh must amend its Act to include explicit provisions regarding data privacy and security. Importantly, access to personal data should necessitate judicial authorization to guarantee transparency and prevent potential misuse.
Furthermore, the existing Cybersecurity Act has been criticized for its vague language, which poses a risk of infringing upon freedom of expression and press freedoms. While it is imperative to combat cybercrime, such measures should not undermine individual liberties. The Act must provide clear definitions of cybercrimes to avoid weaponization against activists or dissenters. To maintain a balance between national security and civil liberties, all restrictions on online speech should be subject to judicial review.
Bangladesh's absence from the Budapest Convention hampers its ability to engage effectively in cross-border cybercrime investigations. Cyber threats often do not respect national boundaries; thus, international cooperation is vital for effective responses. The Budapest Convention facilitates mutual legal assistance, extradition, and information sharing, which are indispensable for addressing sophisticated cybercrimes like hacking, online fraud, and data breaches.
By signing the Budapest Convention, Bangladesh would not only enhance its ability to collaborate with other nations but also gain access to global expertise and resources in the fight against cybercrime. This is instrumental in improving Bangladesh's standing in the ITU Global Cybersecurity Index, as the lack of international collaboration currently detracts from its score.
Embracing the Budapest Convention would align Bangladesh's legal framework with global standards, clearly delineating cybercrimes and establishing robust mechanisms for international cooperation. This would facilitate cross-border investigations and promote knowledge sharing, allowing Bangladesh to more effectively address cyber threats.
Moreover, revising the Cybersecurity Act to prioritize citizens' privacy and freedom of expression will prevent potential misuse of the law. By adopting the safeguards prescribed by the Budapest Convention, Bangladesh can ensure that its cybersecurity measures uphold human rights while safeguarding national security.
Additionally, countries that commit to the Budapest Convention benefit from capacity-building initiatives, technical assistance, and law enforcement training, which enhance the capabilities of national institutions to prevent, detect, and respond to cyber incidents. By joining the convention, Bangladesh could significantly bolster its law enforcement capabilities, equipping itself to tackle emerging cyber threats more adeptly.
Finally, signing the Budapest Convention would signal Bangladesh's commitment to adhering to global cybersecurity standards, thereby improving its international standing and making the nation a more attractive destination for foreign investment. Global businesses often seek out countries with robust cybersecurity frameworks before committing to investments, and aligning with the Budapest Convention would significantly enhance investor confidence in Bangladesh's digital economy.
In conclusion, while the Cybersecurity Act 2024 marks a positive development for Bangladesh, it necessitates critical revisions to address issues pertaining to data privacy, human rights, and international cooperation. By signing the Budapest Convention, Bangladesh can elevate its cybersecurity framework, enhance its GCI ranking, and strengthen its capacity to combat cybercrime. These reforms will not only secure the nation's digital future but also enhance its global reputation and attract foreign investment in the burgeoning digital economy.
The writer is an ICT consultant
