Draft for Myanmar Digital Rights Forum January 2019 POLICY BRIEF THE LEGAL AND POLICY FRAMEWORK FOR INFORMATION COMMUNICATION TECHNOLOGY (ICT) IN MYANMAR: IMPLICATIONS FOR HUMAN RIGHTS This Policy Brief provides an overview and brief analysis of human rights concerns related to the policy and legal framework that governs Information and Communication Technologies (ICT) in Myanmar. It builds on the Myanmar Centre for Responsible Business (MCRB) “Myanmar ICT Sector Wide Impact Assessment” (SWIA) (published September 2015) that includes a more detailed review of Myanmar’s ICT policies and laws.1 To implement the type of digital ecosystem necessary for the 4th Industrial Revolution (4IR), Myanmar needs an updated ICT policy and legal framework that is trusted by both users and service providers. Myanmar’s current policy and legal framework in the ICT sector is not fit for purpose because:  There are important gaps in coverage  The framework is not compatible with changing technology  Laws do not contain sufficient or appropriate safeguards to protect the rights of privacy and freedom of expression that will encourage users to trust the system This Policy Brief is intended to support Myanmar in developing a policy and legal framework that will underpin an accessible, inclusive and affordable digital economy2 that users trust because their human rights are protected. RELEVANT MYANMAR POLICIES AND PLANS The 2016 National League for Democracy’s 12 Points Economic Policy3 highlights the need to develop fundamental economic infrastructure, including several important ICT platforms. To date the following plans have been initiated:  E-governance Master Plan (2016-2020) (draft)4  Myanmar National Web Portal5  National Data Center6 In addition, the Government has developed a draft Universal Service Fund Strategy (2018-2022)7. A Digital ID Project is under consideration. A number of other Master Plans exist, but their status is unclear 1 http://www.myanmar-responsiblebusiness.org/my/swia/ict.html In line with ASEAN’s 2020 ICT Strategy 3 https://themimu.info/sites/themimu.info/files/documents/Statement_Economic_Policy_Aug2016.pdf 4 https://www.motc.gov.mm/my/news/myanmar-e-government-master-plan 5 http://www.mnp.gov.mm/ 6 https://www.mmtimes.com/news/government-build-integrated-data-centre-s-korean-aid.html 7 https://www.motc.gov.mm/sites/default/files/Universal%20Service%20Strategy%20%28Draft%29_0.pdf 2 1