cybersecurity infrastructure, and the laws and regulations underpinning it, it will be
important to balance the legitimate need to combat cybercrime with human rights
protections. (See Chapter 4.5 on Cybersecurity for further information).
Key Points for Implementation
Establish clear standards of data protection for companies and other
organisations collecting, storing, or sharing user data. This includes standards
around data privacy, requirements to make privacy policies publically available, prior
informed consent for the use of data and grievance mechanisms for users, and
baseline security standards.
Promote awareness of the importance of cyber security for users and build digital
literacy through clear and concise communication. Widely disseminate basic best
practices for users in partnership with the Myanmar Computer Emergency Response
Team (MMCERT).
Do not criminalise the use of encryption tools by individuals. Encryption is
essential, not just for security of transactions but also the safety of human rights
defenders.
Blanket prohibitions on encryption, and therefore anonymity of
communications, are not a necessary and proportionate response in line with
international human rights standards.
Consider establishing a National Data Protection Authority that would be in charge
of the protection of data and privacy and that can handle complaints from users.
6. Demonstrate a commitment to free and open
communication through a modern Freedom of Information
law and build meaningful transparency systems across
Government.
The Government has made a welcome commitment to join the Open Government
Partnership and to modernise its approach to governance through its e-Governance
Master Plan. It will be important to embed protections around the right to privacy into egovernance approaches so that they are trusted and can become a driver for ICTs and
innovation. (See Chapter 4.1 on Freedom of Expression for further information).
Key Points for Implementation
Adopt a modern Freedom of Information Act, as part of other steps towards
transparency (e.g. commitments to join the Open Government Partnership by 2016,
candidacy for Extractives Industries Transparency Initiative, and conducting more
transparent licensing processes). If the Constitution is to be amended, include
constitutional guarantees of public access to information held by the Government.
Ensure that privacy/data protection requirements and safeguards are embedded
into e-governance and open data initiatives.
Commit to access to information requirements that are aligned with the Open
Government Partnership Principles: the publication of all government-held
information (which is broader than information only on government activities); proactive
and reactive releases of information; mechanisms to strengthen the right to
information; and open access to government information.
Commit to implementing core open data principles, including across on-going
national e-governance projects, such as the Common Citizen Service Data Portal to be
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