provision is very broad and fails to specify which government agents have the authority to do this. 18. Article 77 of the 2013 Telecommunication Law says that: “The Ministry may, when an emergency situation arises to operate for public interest, direct the licensee to suspend a Telecommunications Service, to intercept, not to operate any specific form of communication, to obtain necessary information and communications, and to temporarily control the Telecommunications Service and Telecommunications Equipments”. 19. As noted by Human Rights Watch during the drafting phase of the law, the law fails to provide adequate guidance as to what constitutes “national security”, “national defense”, “public interest” or “emergency situation”.19 20. In 2011, it was reported20 by Reporters without Border (RSF) that the Ministry of Communications, Posts and Telegraphs (MCPT) had issued new expansive rules for owners of public access centres (i.e. Internet cafes) to require them to keep and share with the authorities personal data such as name, National Registration Card number, passport number (if the user is a foreigner), contact address, and telephone number, as well as a log of the internet websites they visited. As noted by Frank LaRue, former UN Special Rapporteur on Freedom of Expression, “Such laws are particularly problematic in countries where personal computer ownership is low and individuals rely heavily on publicly available computers”.21 The private sector and human rights obligations 21. As noted in the UN Guiding Principles on Business and Human Rights, the private sector has a responsibility to respect human rights.22 22. With the ICT industry booming in Myanmar,23 it is important for a robust legislative regime protecting the right to privacy and freedom of expression to accompany the development of the telecommunication 19 20 21 22 23 Human Rights Watch (2013) Reforming Telecommunications in Burma: Human Rights and Responsible Investment in Mobile and the Internet, pp. 13. Available at: http://www.hrw.org/sites/default/files/reports/burma0512_ForUpload.pdf Reporters Without Borders, Surveillance of the media and the internet stepped up under new civilian president, 17 May 2011. Available at: http://en.rsf.org/burma-surveillance-of-media-and-internet-1705-2011,40296.html A/HRC/23/40, para. 68 See: http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf Igoe, M., Is Myanmar ready for a telecommunication revolution?, DevEx, 16 May 2014. Available at: https://www.devex.com/news/is-myanmar-ready-for-a-telecommunications-revolution-83498