complement the ones made in 2013.14 when it was reported that journalist and academics had received Google notifications of state-sponsored attempts to infiltrate personal accounts on its e-mail service, Gmail.15 Lack of legal framework for lawful communication surveillance 14. Whilst the new telecommunication law adopted in 2013 requires a court order for the disclosure of information kept in secured or encrypted systems under Article 69, the government of Myanmar has yet to draft laws that govern the interception of communications by law enforcement. It has been reported that the government has requested support from the European Union to draft this implementation framework.16 15. This legal void is concerning given that government has expansive powers under Article 76 to “enter and inspect” telecommunication services” for the matters relating national defense and security or public interest” and under Article 77 to “intercept... when an emergency situation arises”. 16. It is urgent that Myanmar adopts a robust legal framework to govern lawful interception that upholds principles of legitimacy, proportionality and necessity to ensure that any interference with privacy is targeted and not arbitrary, as well as legislate for prior judicial authorisation, independent oversight, user notification, and access to remedy in case of violations.17 Access to communications data 17. Whilst Article 75 of the 2013 Telecommunication Law reads that, “The Union Government may, as may be necessary, direct to the relevant organization for enabling to obtain any information and telecommunications which causes harm to national security and prevalence of law without affecting the fundamental rights of the citizens”, the law fails to include any privacy protections.18 This 14 15 16 17 18 proportionality of such measures, including in relation to the right to privacy, and to establish judicial and parliamentary oversight over the executive’s use of surveillance powers.” Freedom House, Freedom on the Net 2013: Burma. Available at: https://freedomhouse.org/sites/default/files/resources/FOTN%202013_Burma.pdf, pp. 14 Fuller, T., E‐Mails of Reporters in Myanmar Are Hacked, New York Times, 10 January 2013, Available at: http://www.nytimes.com/2013/02/11/world/asia/journalists‐e‐mail‐accounts‐targeted‐in‐myanmar.h tml?_r=3&; Crispin, S., As Censorship Wanes, Cyberattacks Rise in Burma, CPJ Internet Channel, 11 February 2013. Available at: http://www.cpj.org/internet/2013/02/as‐censorship‐wanes‐cyberattacks‐rise‐in‐burma.php. Purdon, L., Rights, safety at risk without lawful interception rules, The Myanmar Times, 26 January 2015. Available at: http://www.mmtimes.com/index.php/opinion/12900-rights-safety-at-risk-withoutlawful-interception-rules.html See: https://necessaryandproportionate.org/ Freedom House, Freedom on the Net 2014: Myanmar. Available at: https://freedomhouse.org/sites/default/files/resources/Myanmar.pdf