4 4.3 Chapter 4.3 Privacy In this Chapter: A. Context • Data Privacy and Data Protection • Concerns about Privacy and Data Protection in the ICT Sector • Data Privacy in Myanmar • International Human Rights Law on Privacy • The Myanmar Legal Framework and its Current Application B. Field Research Findings C. Recommendations for ICT Companies • General • Web-Based Services D. Relevant International Standards and Guidance on Privacy Issues A. Context Data Privacy and Data Protection There are three dimensions to the right to privacy that are implicated by the collection, storage, use and access to digital information by ICT companies:  data privacy or protection (the term used may differ from country to country 311) of data held by businesses (covered in this Chapter 4.3 on Privacy),  surveillance, including lawful interception and access to communications data (see Chapter 4.4 on Surveillance), and  the protection of such data against attacks or threats of attack for criminal or other harmful purposes (see Chapter 4.5 on Cybersecurity). In today’s digital economy, the amount and type of personal information generated and stored electronically is unprecedented, ranging from email addresses, to bank account numbers, to national ID numbers. Whenever users interact with technology, such as mobile services or the Internet, ‘communications data’ (as it is commonly referred to in Europe), or ‘metadata’ (as it is commonly referred to in the U.S) is created and is typically stored by the service provider. 312 This type of data is created by a wide range of interactions with Internet services including email, web browsing, social media, search 311 See: Baker Hostetler, “2015 International Compendium on Data Privacy Laws” (2015) and Norton Rose Fulbright “2014 Global Data Privacy Directory” (2014). Also see Francoise Gilbert “Privacy vs. Data Protection: What Is The Difference?” (1 October 2014). 312 The National Information Standards Organization (NISO) defines metadata as “structured information that describes, explains, locates, or otherwise makes it easier to retrieve, use, or manage an information resource.” NISO, “Understanding Metadata“ (2004), pg. 16. The former UN Special Rapporteur on Freedom of Opinion and Expression expressed particular concern over the increasing amount of metadata generated by ICT usage and its implication for user privacy. See OHCHR, “Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue” A/HRC/23/40 (17 April 2013). 152 PAGE CHAPTER 4.3: PRIVACY