Considering the best practices globally and also constitutional provision and precedent of Supreme
Court of Nepal there is urgent requirement to introduce a legislation requiring judicial warrants for
the search and examination of digital content, ensuring that investigations remain within legal
boundaries and respect individuals' privacy rights and judicially checked. Furthermore, the judicial
consent mechanism that is practiced in context of call detail and user location should also be adhered
while obtaining personal information of any person from any company inside and outside the territory
of Nepal. There should be an establishment of clear criteria for when and how such warrants can be
obtained, emphasizing the principles of necessity, proportionality, and respect for human rights along
with procedural flexibility and exemption in case of national interest and emergency.
Enhance Data Subject Consent and Rights
It is further recommended to enact laws that empower data subjects (suspects) to give informed
consent for the investigation of their digital devices, ensuring they are aware of their rights and
potential implications. Furthermore, it is suggested to strengthen legal provisions to protect individuals
against self-incrimination, prohibiting law enforcement from compelling suspects to provide security
patterns or lock codes for their digital devices.
Improve Digital Forensic Practices
It is recommended to implement legal requirements for digital forensic examiners to possess
recognized qualifications and expertise, ensuring the credibility and admissibility of forensic reports in
court. It is further recommended to invest in training programs and certifications for digital forensics
experts to ensure they possess the necessary skills and knowledge. Standardizing qualifications can
improve the credibility and reliability of forensic examinations. Furthermore, to balance the arms of
parties of the case, it is also recommended to establish independent bodies or agencies responsible for
conducting digital forensic examinations, separate from law enforcement agencies, to ensure
impartiality and avoid conflicts of interest.
Enhance Data Protection and Security
It is further recommended to introduce legal provisions mandating the secure storage, backup, and
protection of digital evidence, including logs, trails, and other pertinent data. It is also recommended
to develop mechanisms to safeguard digital evidence during court proceedings, ensuring its integrity
and preventing unauthorized access or tampering. Furthermore it is recommended to utilize
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