to the protection of personal data.5 A number of international instruments enshrine data protection principles,6 and many domestic legislatures have incorporated such principles into national law.7 Follow up to the previous UPR 6. There was no mention of the right to privacy and data protection either in the National Report submitted by Myanmar nor in the report of the Working Group. On the other hand, stakeholders raised widespread concerns regarding the right to freedom of expression and attacks against human rights defenders and journalists.8 These were included in the recommendations made by the Working Group to Myanmar.9 Domestic laws related to privacy 7. The Constitution of the Republic of the Union of Myanmar under Section 357 reads: “ The Union shall protect the privacy and security of home, property, correspondence and other communications of citizens under the law subject to the provisions of this Constitution”. 8. Article 17 of the Telecommunication Law No. 31 of Myanmar10 requires Service Licensees to maintain securely the information and contents that are transmitted or received through its telecommunication services and confidential personal information of each individual user, and to not disclose and inform to irrelevant persons such information except where allowed in accordance with existing laws. Article 69 of the same law requires a court order for the disclosure of information kept in secured or encrypted systems, and any violation can result in a prison sentence for up to one year and/or a fine. 5 Human Rights Committee general comment No. 16 (1988) on the right to respect of privacy, family, home and correspondence, and protection of honour and reputation (art. 17). 6 See the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (No. 108), 1981; the Organization for Economic Co-operation and Development Guidelines on the Protection of Privacy and Transborder Data Flows of Personal Data (1980); and the Guidelines for the regulation of computerized personal data files (General Assembly resolution 45/95 and E/CN.4/1990/72) 7 As of December 2013, 101 countries had enacted data protection legislation: David Banisar, National Comprehensive Data Protection/Privacy Laws and Bills 2014 Map (January 28, 2014). Available at SSRN: http://ssrn.com/abstract=1951416 or http://dx.doi.org/10.2139/ssrn.1951416 8 9 10 Including Slovenia, France, Denmark, Germany, Canada, Sweden, Austria, Uruguay, Norway, the United Kingdom, and Italy. A/HRC/17/9, Report of the Working Group on the Universal Periodic Review, Myanmar, 24 March 2011 The Telecommunication Law No. 31 of Myanmar was enacted on 8 October 2013. Available at: http://www.mcit.gov.mm/sites/default/files/Telecom%20Law%20English%20Version_0.pdf