Recs
Groups at Risk:
Develop a more comprehensive framework for child protection, including relevant
provisions for child safety online. The Government should consider asking companies
and other governments to share expertise and good practices from other jurisdictions.
Consider including protections for women against online harassment in the
forthcoming law on violence against women.
See Chapter 4.8 on Groups at Risk for further information.
4. Adopt a rights-respecting lawful interception model and
maintain open access to the Internet to ensure Myanmar
does not become a modern “surveillance state”.
UN Guiding Principles on Business and Human Rights: The State-Business Nexus
5. States should exercise adequate oversight in order to meet their international human rights obligations
when they contract with, or legislate for, business enterprises to provide services that may impact upon the
enjoyment of human rights.
6. States should promote respect for human rights by business enterprises with which they conduct
commercial transactions.
The Government has previously used ICTs to conduct surveillance of its citizens, both
within the country and abroad. A modern legal framework limiting Government
surveillance is overdue. (See Chapter 4.4 on Surveillance for further information).
Key Points for Implementation
Follow through on the Government’s stated commitment to align the forthcoming
lawful interception regulations or framework to international human rights
standards. See the Annex to the Recommendations for key considerations for each
step of the interception process that should be incorporated into the forthcoming
regulations. As it has with other draft ICT laws and regulations, MCIT should make any
draft regulation or framework on lawful interception available for public comment for at
least three weeks, and widely publicise the consultation process.
Publicly commit to prohibit “mass surveillance” (commonly understood to refer to
the bulk access and/or collection of many users’ communications without prior
suspicion of criminal activity). Such a commitment should also be incorporated into the
forthcoming lawful interception regulation or framework (which should authorise only
targeted interception where there is a prior suspicion of recognisably criminal activity).
Refrain from purchasing and utilising invasive and often unregulated
communications surveillance technology to carry out communications surveillance.
Once Myanmar intelligence agencies have such capabilities, it will be much more
difficult to eliminate or regulate their use. It is important for the Government, and the
ICT companies that may be subject to lawful intercept orders, to make the distinction
between software and other tools that comply with international standards on lawful
interception, and products that fall below international standards because they are
unregulated and pose a risk to human rights.
5. Improve data protection standards and cybersecurity.
Myanmar currently does not have any requirements or standards on data protection for
companies. A failure to protect people’s personal information and identity can pose
significant risks to the right to privacy and security. As Myanmar puts in place its
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RECOMMENDATIONS TO THE GOVERNMENT OF MYANMAR