Section 26
Not To Use Personal Information Without Consent
(1) Except in the following circumstances, the personal information collected by or remained under the responsibility or control of a public body or body corporate shall not be used or given to any one without the consent of the concerned person:
(a) It has been published or distributed for the purpose of which the personal information has been collected,
(b) If demanded in written form, in the course of investigation or prosecution of a criminal case, by the official authorized for making such investigation or prosecution,
(c) If an order is made by the court in the course of taking action on a sub-judice case,
(d) If question is to be solved, when it is raised about the qualification or any other matter of the person, who is holding a public post under the prevailing law,
(e) If the authorized official demands for any particular kind of information in written form, in order to solve the question raised on any particular matter.
(2) Notwithstanding anything contained in sub-section (1), the authorized official of the body having the responsibility for collection and protection of information may, in the following circumstances, publish, or cause to be published, any personal information for the purpose of a study or investigation for the public purpose:
(a) If the matter about which investigation has been made cannot be fulfilled without personal identity,
(b) If damage and loss is not caused to the concerned person while giving personal information of any matter that has been given for the purpose of investigation,
(c) If the concerned person has consented at the time of obtaining information or any time thereafter for the public purpose.
(3) Notwithstanding anything contained in this Section, for the purpose of archives officially established by the Government of Nepal or Provincial Government, personal information may be provided, in the following circumstances:
(a) If there is any information that does not affect negatively to the personal status, professional or personal privacy of the concerned person,
(b) If such information is provided for the historical research or collection or accumulation of historical facts or information,
(c) If it is personal information of any person thirty years or more than thirty years has passed after the death of such person.
Provided that such information shall not be provided if he or she gets insulted or it causes damage and loss or insulation in any manner to his or her heir or children, as a result of the publicity of personal information of such person.
(d) If such information has been recorded since one hundred years or more than that period.
(a) It has been published or distributed for the purpose of which the personal information has been collected,
(b) If demanded in written form, in the course of investigation or prosecution of a criminal case, by the official authorized for making such investigation or prosecution,
(c) If an order is made by the court in the course of taking action on a sub-judice case,
(d) If question is to be solved, when it is raised about the qualification or any other matter of the person, who is holding a public post under the prevailing law,
(e) If the authorized official demands for any particular kind of information in written form, in order to solve the question raised on any particular matter.
(2) Notwithstanding anything contained in sub-section (1), the authorized official of the body having the responsibility for collection and protection of information may, in the following circumstances, publish, or cause to be published, any personal information for the purpose of a study or investigation for the public purpose:
(a) If the matter about which investigation has been made cannot be fulfilled without personal identity,
(b) If damage and loss is not caused to the concerned person while giving personal information of any matter that has been given for the purpose of investigation,
(c) If the concerned person has consented at the time of obtaining information or any time thereafter for the public purpose.
(3) Notwithstanding anything contained in this Section, for the purpose of archives officially established by the Government of Nepal or Provincial Government, personal information may be provided, in the following circumstances:
(a) If there is any information that does not affect negatively to the personal status, professional or personal privacy of the concerned person,
(b) If such information is provided for the historical research or collection or accumulation of historical facts or information,
(c) If it is personal information of any person thirty years or more than thirty years has passed after the death of such person.
Provided that such information shall not be provided if he or she gets insulted or it causes damage and loss or insulation in any manner to his or her heir or children, as a result of the publicity of personal information of such person.
(d) If such information has been recorded since one hundred years or more than that period.