Who buys and controls the CCTV?
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72
Additional challenges
On the justification of ‘safety’
Safety is the foremost justification used by authorities to exert excessive
control and to put in place CCTV technologies across cities in Myanmar.
These measures involve significant restrictions to the rights discussed
earlier in this section, while at the same time failing to meet the threepart test.
Corruption within
government ministries
also leave room for
data to be manipulated,
to go mysteriously
‘missing’, or for the
police to withhold
data. For example,
there was unexplained
missing CCTV footage
in the murder case of
the well-known NLD
legal counsellor Ko Ni.
The restrictions on rights do not
have a legal basis and are reflective
more of an executive whim. These
practices are also neither necessary
nor proportionate. To meet these
standards, practices must not only be
useful or desirable but also specific
and necessary to achieve the scope,
and there should be no other less
intrusive ways to do so. There are
multiple less intrusive ways to
achieve the same result of ‘safety’
without breaching human rights
in the manner that is currently
normalised. If these tests are not
met, the use of these technologies
should not be allowed, irrespective of
their availability or allure.140