Section 69 of the 2013 Telecommunications Law requires a court order for the disclosure of information kept in secured or encrypted systems. However the Myanmar Government has yet to draft implementing regulations governing the interception of communications by law enforcement authorities. The Government has expansive powers under the 2013 Telecommunications Law to, for example, “enter and inspect” telecommunication services when “in the public interest” or “intercept” communications when an “emergency situation” arises. Implementing regulations are therefore necessary to provide clarity on the appropriate restrictions and procedures for the exercise of that power. The Annex to the Recommendations of this SWIA provides guidance on a rights-respecting framework for lawful interception that sets out the kind of restrictions on that power of interception that the Government should take into account in drafting its framework. Risks related to the violation of the right to privacy under the 2013 Telecommunications Law cover two closely related areas of concern:  Government monitoring and surveillance of user activity and content, and;  Government access to user-identifying information and the implications for emerging international norms around the right to anonymity. Government monitoring and surveillance of user activity and content The Myanmar Government has a long history of close surveillance of its people. Despite ongoing reforms, the 2013 Telecommunications Law maintains a legal basis for monitoring communications and content. While the justification for surveillance is “security matters”, the risk of arbitrary and / or overly broad interpretation of that provision is high (see Table 15 below). Table 15: Provisions of the 2013 Telecommunications Law with Potential to be used to Monitor User Activity and Content  The Government may, “when the situation arises to carry out in the interest of the public, with the approval of the government, direct the licensee … to retrieve necessary information and communications [and] to temporarily control and use the telecommunications service provider businesses and telecommunications equipment.” (s77) Risks of Company Involvement in Human Rights Violations Implementing regulations of the 2013 Telecommunications Law, once available, may provide more guidance on the scope of expected ICT company cooperation with Government-ordered surveillance of ICT users. Currently, the Telecommunications Law as written leaves ICT companies open to significant risk of involvement in Government surveillance activities in a way which does not meet international standards of human rights protection. CHAPTER 2: ICT GOVERNMENT INSTITUTIONS, POLICIES & LEGAL FRAMEWORK 75 2