Laws and Policies Other objections raised were due to the potential for the database to be used to further aid and facilitate ethnic minority persecution, such as in the case of the Rohingya people. On 15 February 2021, two weeks after the coup, the SAC amended the Privacy law. The amendment suspended Section 8 of the law, and thereby expanded the scope of actions that could be taken by authorities to conduct searches, seize equipment and make arrests and detentions; this also included the interception of telecommunications and enabled investigations and surveillance activities without the need for judicial oversight. Section 8 of the Privacy Law stipulated the prohibitive actions on the state authorities as follows: “In the absence of an order, permission, or warrant issued in accordance with existing law, or permission from the Union President or the Union Cabinet, a Responsible Authority: 1) Shall not enter into a citizen’s private residence or a room used as a residence, or a building, compound or building in a compound, for the purpose of search, seizure, or arrest; 2) Shall not surveil, spy upon, or investigate any citizen in a manner which could disturb their privacy and security or affect their dignity; 3) Shall not intercept or disturb any citizen’s communication with another person or communications equipment in any way; 4) Shall not demand or obtain personal telephonic and electronic communications data from telecommunication operators; 5) Shall not open, search, seize or destroy another person’s private correspondence, envelope, package or parcel; 6) Shall not unlawfully interfere with a citizen’s personal or family matters or act in any way to slander or harm their reputation; 7) Shall not unlawfully seize the lawfully owned movable or immovable property of a citizen, or intentionally destroy it either directly or by indirect means”. By suspending Section 8, the aforementioned actions are now permissible with legal impunity when executed by government officials. The interception of communications and the obtaining of personal data from telecommunication and technology firms has proven most damaging to freedom of expression and internet freedoms in Myanmar. The suspension of Section 8 has left the populace vulnerable to raids from the Tatmadaw, conducted under the cover of darkness at night. These are carried out in sync with targeted internet shutdowns so that activists have no means to coordinate or warn others of the forthcoming incursions (Bloomberg News, 2021). Not requiring a warrant to enter and search a property for evidence, creates an atmosphere of constant tension that benefits the regime, reminiscent of similar illegal night-time raid tactics used by the military throughout the 1990s. The suspension of Section 8 of the Privacy Law has aided in it becoming another tool in the Tatmadaw’s intimidation arsenal. 2e. Electronic Transactions Law Myanmar’s Electronic Transactions Law was first introduced in 2004 during the time of the SPDC. While the law was intended to govern online economic activities, it also contained vaguely-worded provisions that could be used to criminalise online expression. Under Section 33(a), for example, a person is liable for up to a 15-year jail sentence, if he or she, using electronic transaction technology, commits “any act detrimental to the security of the State or prevalence of law and order”. In 2008, Section 33(a) was used by authorities to condemn 21 activists associated with the 88 Generation Student Group to 15-year imprisonment sentences each (OMCT, 2008). Meanwhile, a number of activists—such as Chaw Sandi Tun (2015) and Tun Tun Oo (2017)—were also charged over their criticism towards the military under Section 34(d), which criminalises expression deemed to be “detrimental to the interest of or to lower the dignity of any organization or any person”. Attempts to repeal the Electronic Transactions Law occurred in 2013, though this did not lead to any change. The law was amended after the military coup on 15 February 2021, and served to heighten infringements on fundamental freedoms. 10

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