29. There are various other agencies operating in Myanmar. To support its
mission, the Burmese Police created the Special Branch and later a
Criminal Investigation Branch. There is also the Myanmar Police Force
which in 2004 was given further powers and increased responsibility for
monitoring internal security issues.38
30. It is unclear under what legal regime these agencies are operating,
with what remit and powers, and how their policies and practices adhere
to international human rights obligations to protect the rights to
privacy and freedom of expression. The various different agencies,
their remit and operations must be reviewed to meet the international
human rights standards, as articulated in the soft law instrument the
International Principles on the Application of Human Rights to
Communications Surveillance.39 The State should be transparent about the
use and scope of communications surveillance techniques and powers.
III. Lack of data protection framework
31. Myanmar does not have a law regulating the protection of personal data.
A consumer protection law was reported to be in drafting and it was hoped
to be published for comments in 2013, but this has not been the case.
32. As Myanmar continues with its efforts towards political and legal
reforms as a democratic state of government accountable to the rule of law,
it is essential that issues related to data protection be addressed. In
addition, the lack of a data protection authority means there are limited
or no opportunities for individuals to seek information on their right to
privacy and the protection of their personal data, nor to seek redress, or
compensation in case of a violation of these rights.
33. Current issues of concern in the area of data protection include:
In 2013, the government announced that it would replace the paper
National Registration card40 with a smarter digital identification
card to include biometric data.41 Whilst it seems plans have been put
38
39
40
41
Selth, A., Burma's police forces: Continuities and contradictions, Griffith Asia Institute, Regional
Outlook Paper, No. 32, 2011, pp. 5. Available at:
http://www.griffith.edu.au/__data/assets/pdf_file/0008/372761/Selth-Regional-Outlook-Paper-32.pdf
Launched in September 2013 following a year of consultation, the International Principles on the
Application of Human Rights to Communications Surveillance a set of standards that interpret
States’ human rights obligations in light of new technologies and surveillance capabilities. The
Principles are endorsed by 410 civil society organisations around the world, over 40 leading
experts, academics and prominent individuals, as well as 4 elected officials. The Principles set for
the first time an evaluative framework for assessing surveillance practices in the context of
international human rights law. Please refer to the www.necessaryandproportionate.org website for
further details.
The current card already includes he holder’s photo, signature, a fingerprint of the left thumb and
other personal data such as an ID number, the holder’s date and place of birth, the holder’s
father’s name, religion, height, blood type, and any obvious facial markings.
Kha, K., Foreign Know-How Called Upon as Burma Gears Up for Smart ID Card Program,, The Irrawaddy,
11 April 2013. Available at: http://www.irrawaddy.org/burma/foreign-know-how-called-upon-as-burmagears-up-for-smart-id-card-program.html