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Dictating the Internet:
are generally intended to be private. Such privacy interests were reflected
by end-to-end encryption built into the application by its makers.585 This
report notes that there are existing, pertinent questions about whether ICT
companies adequately protect the right to privacy of its users. However, it
can be generally accepted that messages sent in an encrypted service to a
particular individual as opposed to posts put on a platform for public viewing
reflect different intentions on the part of the originator of such information.586
Cases emerging in the region show that governments appear to be
willing to apply laws, that are already non-human rights compliant on their
face, not only to expression or information shared on an online platform
for public viewing, but also to content intended to be private by the person
who drafted or disseminated it. In Brunei, a woman was detained and
questioned by the police for Whatsapp messages criticizing the police,
while in Malaysia, a man was detained for three days following a message
he had sent via Whatsapp which was deemed insulting to former Prime
Minister Najib Razak. In Singapore, Li Shengwu is facing contempt of
court proceedings for a Facebook post he had made on a “Friends Only”
privacy setting – which can be construed to have been meant to limit the
information to a selected number of people.
This concern is pertinent with respect to measures such as data
localization under Vietnam’s LOCS and provisions under Thailand’s
Cybersecurity Act which allow for State authorities to enter premises,
search and seize electronic data and equipment from any legal person,
make copies of such data, test electronic equipment or systems and request
“real-time” access to information held by private entities also raise concerns
about increased intrusions of privacy for a purported aim of maintaining
“national security” or “public order”, which may not be legitimately defined
or proportionately enforced.
help/203805466323736
585 End-to-end encryption ensures information is retained between two users in a conversation,
through measures which ensure each message sent has a “unique lock and key” that increases
security. See Whatsapp, ‘Whatsapp Security’, Available at: https://www.whatsapp.com/security/
586 See, on ICT companies and the right to privacy of users, Amnesty International, ‘Surveillance
Giants: How The Business Model Of Google And Facebook Threatens Human Rights’, November
2019, Available at: https://www.amnesty.org/download/Documents/POL3014042019ENGLISH.PDF