being used by the military to surveil those opposed to the coup.307 Since the coup, the police and military have reportedly seized the mobile phones of people they detain, and are thought to use the aforementioned extraction technology on such devices. The authorities are also believed to use drones and security cameras equipped with facial-recognition technology to surveil the public.308 The confiscation of phones—particularly from human rights defenders, activists, and journalists—also occurred prior to the coup.309 The police reportedly demanded passwords for social media accounts and other applications from people accused of criminal activity, including in cases where the allegations were unrelated to social media use.310 For example, shortly after Reuters journalists Wa Lone and Kyaw Soe Oo were arrested in 2017 (see C3), the police were accused of using Wa Lone’s confiscated phone to send a WhatsApp message on his account.311 The police used the Israeli phone-breaching product known as Cellebrite to collect data from the journalists’ smartphones.312 Cellebrite technology has been used by the police since 2016, and although the company ceased selling its products in Myanmar in late 2018, authorities continue to employ them. In 2019, FinSpy malware developed by Germany’s Gamma Group was reported to be in operation in Myanmar.313 It is unclear who purchased the spyware. In 2018 the MoTC announced its intention to build a data center that would serve as a secure base for its planned e-government services in Naypyidaw, and in December of that year the ministry requested that the parliament approve a $95 million loan from South Korea to support the project.314 The Mandalay regional government launched a data center in January 2019 to provide e-government services.315 Concerns have been raised that these data centers will lack adequate privacy and security safeguards.316 C6: ၀န်ေဆာင်မ1ေပးေသာ က&မjဏီများ[.င ့် အြခားနည်းပညာက&မjဏီများသည် အစိ&းရအား ၎င်းတိ၏ & ့ အသံး& ြပ$သ=များ၏ ၁ မ.တ် C6: Are service providers and other technology companies required to aid the government in monitoring the communications of their users? (0–6 points) 1 ဆက်သယ ွ ်မ1ကိ& ေစာင့8် ကည့်ရာတွင ် က=ညီရန် လိ&အပ်ပ ါသလား။ (၀-၇ မ.တ်) Service providers are increasingly obliged to hand data over to the state without sufficient oversight or safeguards. The Law Protecting the Privacy and Security of Citizens, passed in 2017 and partially suspended since the coup,317 prohibits the interception of personal communications without a warrant, but it contains a vague exception allowing surveillance if permission is granted by the president or a government body.318 The law does not outline clear procedures to prevent data from being collected and stored, nor does it provide for judicial review. Critics argue that the law’s definition of privacy is inadequate and inconsistent with international human rights standards.319 Other privacyrelated laws demanded by a range of private-sector and civil society stakeholders, including a robust data protection law, have not yet been introduced.320 The Telecommunications Law grants the government the power to direct unspecified persons “to secure any information or communication which may harm security, rule of law, or peace of the state.”321 A provision stating that any interception should not “hurt the fundamental rights of citizens” is an inadequate safeguard against abuse.322 The Telecommunications Law also grants the government the power to inspect the premises of telecommunications license holders and to require them to hand over documents—for the ill-defined purposes of defending the “security of the state” or “the benefit of the people”—without safeguards for individuals’ privacy and other human rights.323 A 2018 amendment to the Narcotic Drugs and Psychotropic Substances Law included a new provision requiring telecommunications providers to disclose user information without due process.324 There are no requirements for judicial review. Free Expression Myanmar (FEM) and Freedom House - Freedom of the Net: Myanmar - အင်တာနက်ေပ*တွင် လွတ်လပ်မ/ - ြမန်မာ2ိ4င်ငံ - Page 24

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