4/10/26, 12:33 PM Myanmar Customers Sue Telecoms Giant Telenor for Sharing Private Data of Dissidents with Military Rulers - Open Society Justice Initiative Between the time the coup took place and Telenor’s exit from Myanmar, the military regularly requested Telenor Myanmar Ltd to disclose specific user data, in particular the data of customers who were suspected of opposing the coup, which the subsidiary handed over. Despite knowing about the risk of human rights violations that were systematically inflicted by the military, Telenor ASA did not prevent the sharing of sensitive data in any of these cases. For some of them, the parent company explicitly recommended compliance with the requests. Although it is not known exactly how many of these customers’ data was shared with the junta by Telenor Myanmar Ltd., the plaintiffs are aware of at least 1,253 phone numbers belonging to users whose data was shared. Class Action Claim for Damages The class action lawsuit filed by JAI argues that Telenor ASA is liable for €9,000 in damages per customer whose data was shared because the company either did not prevent disclosure or knowingly and unlawfully authorized the disclosure of their customer data by its subsidiary Telenor Myanmar Ltd. without taking sufficient measures to prevent its misuse. Under Norwegian law, such conduct entitles affected users to non-economic damages. These intend to compensate the plaintiffs for the impact on their lives beyond financial losses, such as distress and anxiety. “For us as civil society representatives, we want to hold Telenor accountable on behalf of other users of Telenor, not only for specific people but also for the wider community that was harmed. This is why we are bringing the case,” said Ko Ye, chairperson of Justice and Accountability Initiative. Individual Claims for Damages In addition, two individuals represented in the case are claiming damages for financial losses. Both Mr. Zeya Thaw and Mr. Aung Thu experienced severe human rights violations after their data was handed over to the military. Zeya Thaw—From Data Request to Execution On October 31, 2021, the Myanmar military requested the logs of a phone number owned by Mr. Zeya Thaw, a prominent rapper and lawmaker. After informing Telenor ASA that the request had been made and was going to be complied with, Telenor Myanmar Ltd. handed over the requested data despite an internal assessment that this disclosure was likely to lead to his arrest and affect his right to safety, security, and freedom of expression. Shortly thereafter, on November 18, 2021, Zeya Thaw was arrested by the military in Yangon. He was convicted in a closed trial and sentenced to death in January 2022. His widow, Tha Zin, read in the newspaper on July 25, 2022 that he had been executed by hanging. She has taken up the case for her husband. “I lost my husband. It is not just a wife losing her husband. It is also a loss to the movement. It is also a loss to democracy because my husband was committed to democracy and a youth leader. Losing him means a loss to the country,” said Tha Zin, individual plaintiff. Aung Thu—Re-arrest at the Doorstep of Freedom On September 5, 2021, Aung Thu, a civil society activist, was arrested and charged with sedition, but his case was withdrawn, and he was set to be released. However, on September 22, 2021, the military requested his user data. After escalating the request to the parent company, Telenor Myanmar Ltd. complied with the request, even though an internal assessment found that complying with the request would infringe on internationally recognized human rights. As he was set to be released on October 17, 2021, Aung Thu was re-arrested at the prison gate. This time, he was charged under terrorism laws and sentenced to five years in prison following a secretive and arbitrary trial. It is likely that the military relied on the shared phone data to convict him in the second proceedings. He was released in 2025 after serving two-thirds of his sentence. https://www.justiceinitiative.org/newsroom/myanmar-customers-sue-telecoms-giant-telenor-for-sharing-private-data-of-dissidents-with-military-rulers 2/5