Who buys and controls the CCTV? Back to contents 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

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