Nepal government plans new law to monitor citizens’ phone calls after six years

The government is trying to make a law again after six years to record citizens’ phone calls. A draft bill called the ‘National Intelligence and Investigation Bill’ has been prepared for this.

The bill, published by the Prime Minister’s Office for public opinion, proposes to expand the powers of intelligence agencies. It suggests giving them the right to monitor and track citizens’ phone calls and other communications.

In 2019 (2076 BS), the government also tried to pass a similar law to control citizens by phone tapping. At that time, KP Sharma Oli was also the prime minister. But after widespread protests against the law for violating citizens’ rights, the government withdrew the proposal.

Now, after six years, the government is trying again to make a similar law.

Article 15 of the proposed bill includes special rules about collecting information. It says that if it is impossible to get information by other means and if the Inspector General of Investigation believes that not collecting it immediately could seriously harm the country, then the Inspector General can order surveillance or interception of communications from any suspect person, group, or organization. This includes monitoring calls, audio, video, or electronic signals and recording them under the supervision of an authorized officer.

The bill explains that ‘interception’ means monitoring or tracking any type of communication network to gather necessary information.

To do this, the National Investigation Department can connect computer database systems from other government or public bodies to its own system with read-only access.

Authorized officers, following orders from the Inspector General, can record communications. When ordered to record communications immediately, the officers can do so without disturbing the person or organization involved. They can also ask communication service providers or related persons to help with the interception.

The Prime Minister’s Office will collect public feedback on the draft and make changes. The bill will also need approval from the Ministry of Law, Justice and Parliamentary Affairs and the Ministry of Finance before it goes to the Cabinet.

Only after the Cabinet approves it will the bill be sent to Parliament. It will become law only if both houses of the federal Parliament pass it.