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According to the TIB statement, subsection 15(4) of the draft creates scope for data controllers and processors to be exempted from their duties and responsibilities, while section 24 allows broad access to personal data in the name of “crime prevention”.

“It is essential to clarify how provisions meant to protect data have instead been turned into tools for control and surveillance,” said Iftekharuzzaman.

He further warned that allowing government agencies unrestricted access to data servers without judicial oversight poses serious risks of misuse.

“The draft fails to reflect the constitutional commitment to ensuring the privacy of personal information, which is truly alarming,” he said.

TIB also raised objections to the way the ordinance criminalises information misuse, saying it could have negative implications for business and commerce.

Criticising the absence of an independent data protection authority, Dr Iftekharuzzaman said the National Data Governance Ordinance 2025 had been abruptly approved to create a “so-called interoperability authority” that is inconsistent with global practices and based on unrealistic concepts.

“This approach reflects an authoritarian mindset and risks being self-defeating,” he said.

TIB stressed that while data governance legislation is necessary in today’s digital world, addressing such a complex issue through one or two hastily prepared laws, without assessing the broader digital ecosystem or engaging relevant experts, would only deepen complications and increase the risk of rights violations through expanded government surveillance.

The organisation urged the government not to enforce the two ordinances in their current form and instead hold meaningful consultations with stakeholders and experts before implementation.