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