Individual Privacy Act, 2018

Chapter-1

Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Personal Privacy Act, 2075".

(2) This Act shall commence immediately. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Residence" means any house, tenement, apartment, room or dwelling place where any person resides, and the term shall also denote any hotel, resort, lodge, guest house or a room in a camp where such person stays overnight, or any other place of a similar nature.

(b) "Prescribed" or "as prescribed" means prescribed or as prescribed under the rules made under this Act.

(c) "Personal Information" means the following information relating to any person:-

(1) His/her caste, ethnicity, birth, origin, religion, color or marital status,

(2) His/her education or academic degree,

(3) His/her address, telephone or e-mail address,

(4) His/her details of passport, citizenship certificate, national identification card number, vehicle driver's license, voter ID card or identification documents issued by a public body,

(5) Letters sent by him/her to anyone or received by him/her, containing personal information,

(6) His/her fingerprint, palm print, retina, blood group or other biometric information,

(7) His/her criminal background or details of his/her conviction for a criminal offence or serving a sentence,

(8) What opinion or view was expressed by a person giving professional or expert opinion in any decision-making process.

(d) "Property" means movable or immovable, physical or non-physical, tangible or intangible property, and the term shall also denote intellectual property.

(e) "Public Body" means the following bodies:-

(1) The Government of Nepal, a Provincial Government or a Local Level, or a government office under the Government of Nepal, Provincial Government or Local Level,

(2) A court, other judicial body, constitutional body or offices subordinate thereto,

(3) A regulatory body or offices subordinate thereto,

(4) A company, bank, committee fully or partially owned or controlled by the Government of Nepal, Provincial Government or Local Level, or a commission, corporation, authority, public corporation, foundation, board, center, council and other organized institutions of a similar nature established by the Government of Nepal, Provincial Government or Local Level pursuant to law,

(5) Political parties and organizations registered under the prevailing law,

(6) Universities, colleges, schools, research centers and other academic or educational institutions of a similar nature established or operated by the Government of Nepal, Provincial Government or Local Level, or receiving full or partial grants from the Government of Nepal, Provincial Government or Local Level,

(7) Institutions operating with loans, grants or guarantees from the Government of Nepal, Provincial Government or Local Level,

(8) Institutions fully or partially owned or controlled by the institutions referred to in sub-clauses (1), (2), (3) or (4),

(9) Any other institution designated by the Government of Nepal as a public body by publishing a notice in the Nepal Gazette.

(f) "Person holding a public office" means a person who is elected, nominated or appointed to any position in a public body and is currently serving in that position.

(g) "Organized Institution" means an institution, company, bank, committee, cooperative society, federation or other organized institution of a similar nature established under the prevailing law.