Background
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and cybercrime into two distinct frameworks. The Ministry of
Transport and Communications was planning to draft legislation only
focusing on cybersecurity. The interviewees also stated that it seems
the cybersecurity framework will be focusing on security rather than
data protection and digital rights. The Myanmar Centre for Responsible
Business has published its policy brief on cybersecurity and cybercrime
framework highlighting the need to address cybercrime, actions to
increase cybersecurity, and the steps for developing good cybercrime laws
as well as to avoid violations when implementing the law.55
In Myanmar, the implementation of projects does not depend on relevant
legislation being in place. For instance, the Ministry of Transport and
Communications invested MMK 6,190 million (roughly USD 4 million)
towards implementing a Lawful Interception System for the 2019–2020
financial year, even though Myanmar does not have a legislative
framework for interception to this date.56 In the context of smart cities, the
implementers from Mandalay MCDC mentioned their concern for lack of
data protection, but yet they still went ahead with putting in place ‘smart’
infrastructure because they were not the ones enacting legislation.
Since the coup began, the military junta has amended laws that protect
human rights. The amendments enable arbitrary arrests, remove
basic privacy protections, and criminalise peaceful protests. These
developments, in tandem with an increasing reliance on repressive
technology, indicate a systematic build towards the erosion of human
rights. For example, under the Law Protecting the Privacy and Security
of Citizens, sections 5 (pertaining to safeguards relating to search
and seizure), 7 (requiring a court order for any detention of more than
24 hours), and 8 (protecting an individual’s right to privacy) were
suspended as of 13 February 2021. Other legislations amended include
the Law Protecting the Privacy and Security of Citizens (2017), the
Penal Code 505 (A), the Ward and Tract Administration Law, the Code of
Criminal Procedure, and the Electronic Transactions Law.57