Privacy Concerns

The rapid advancement of technology and the proliferation of digital services have brought about significant privacy concerns globally. With the increasing amount of personal information shared online, individuals are more vulnerable to data breaches and misuse. Here are a few legal provisions concerning the protection of people’s privacy in Nepal:

  1. Fundamental Right: An individual has the right to privacy for all related to personal life, residence, property, documents, statistics, correspondence, and character-related matters, which are inviolable except under specific legal constraints.
  2. Photographs: Photography of a human subject, editing or mixing as well as the sale of any photographs without their consent is prohibited. 
  3. Data Privacy: Individuals have the right to keep personal data confidential. Without consent, disclosing or publishing personal data related to health, property, employment, family, biometrics, signatures, political affiliations, business, or transactions is prohibited.
  4. Correspondence: Unauthorized opening of letters or recording of telephone conversations is illegal along with the making of deceitful telephone calls or transmitting messages to deceive, annoy, or trouble others. Individuals have the right to keep their letters, emails, and other forms of correspondence private.
  5. Exception: The non consensual photography is not an offense if the photo is taken incidentally in a public place. The private correspondences may be shared with consent or by court order during criminal investigations.
  6. Disclosure: Any public body retaining individuals’ data and private information may not disclose it except for identity card issuance, to follow law and court order, or in the course of investigation and prosecution of a criminal offense.
  7. Penalty: The punishment for committing any of the aforementioned breach of privacy may lead to a maximum imprisonment term of three years or a maximum monetary fine of rupees thirty thousand or both.


Constitution of Nepal 2072 (2015)

Article 28

Right to Privacy

The National Penal Code Act 2074 (2017)

Section 295

Prohibition on taking or editing photograph

Section 296

Prohibition on giving or selling photograph

Section 297

Prohibition on opening letters or tapping telephone conversation

Section 298

Prohibition of breaching privacy through electronic means

Section 299

Prohibition of deceitfully making telephone calls or transmitting messages

The Privacy Act 2075 (2018)

Section 12

To have privacy of data

Section 13

To have privacy of correspondence

The Electronic Transactions Act 2063 (2008)