Privacy Law at Afghanistan
Afghanistan does not have a comprehensive, standalone data protection or privacy law. While the Constitution of Afghanistan provides for the right to confidentiality and privacy of communications, there is no general personal data protection law in the country. Additionally, there is no dedicated data protection authority overseeing privacy matters.
However, certain sectoral laws include provisions related to data protection:
Telecommunications Services Law: Contains limited clauses on data protection within the telecommunications sector.
Banking Law of Afghanistan: Includes some provisions concerning the confidentiality of financial data.
Penal Code (amended in 2017): Introduced penalties for cybercrimes, which may indirectly address certain aspects of data privacy.
Despite these sector-specific provisions, there is no overarching legal framework that comprehensively addresses personal data protection in Afghanistan.
In the realm of information access, Afghanistan enacted the Access to Information Law in 2019, which guarantees citizens the right to access information from state departments. This law emphasizes transparency, accountability, and public participation in governance. However, it also includes provisions that protect the privacy and safety of individuals, prohibiting the disclosure of information that could endanger national security or harm personal privacy
In practice, the enforcement of privacy rights in Afghanistan is inconsistent. While there have been instances where the Ministry of Vice and Virtue has issued directives to respect citizens' privacy, such as prohibiting unauthorized searches of personal devices and homes, these efforts are not part of a comprehensive legal framework and may not be consistently applied.
In summary, Afghanistan lacks a comprehensive data protection law, and privacy rights are primarily addressed through sector-specific regulations and constitutional provisions. The enforcement of these rights is inconsistent and may vary depending on the governing authorities and prevailing political circumstances.
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