ANALYSIS OF THE PROVISIONS OF THE DRAFT CYBER SECURITY LAW Chapter XII Section 51 In the event of requiring to act for the public interests, the Ministry A. This clause may give the Ministry and the State Administration Council very can carry out the following with approval from the State wide powers. The term ‘public interest’ has not been defined and hence Administration Council: the garb of ‘public interest’ could be used to temporarily or permanently (a) Temporarily prohibit any online service provider in suspend the business of Online Service Providers. Myanmar; B. This provision may be interpreted to be beyond the realm of Section 77 of (b) Temporarily control devices related to online service the Telecommunications Law which states: provider in Myanmar; and (c) Permanently terminate any online service provider in “The Ministry may, when an emergency situation arises to operate for Myanmar. 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 Equipment.” C. Firstly, the Telecommunications Law describes a situation as an emergency condition existing and secondly makes such suspension in the temporary form to suspend a telecommunications service, to intercept, not to operate any specific form of communication. D. However, the Draft Cyber Security Law applies the temporary/permanent suspension not to any specific communication/s but of the complete business whereby the temporary or final ban can be given to the Internet Service Provider completely. The only justification to be given is ‘public interest’ which is not a defined term. Conclusion: For Online Service Provider, the above provision will apply and thereby there exist risks that governmental authorities may ask for the temporary or permanent stoppage of services due to ‘public interest’. Section 42 creates a legal enabling provision for public location of CCTVs in public places which need security. Chapter XI Section 42: Section 42 CCTV shall be installed in line with rules and regulations at places where many people are coming and going, public places, and Conclusion: places which need security. Installation of CCTVs is not a cybersecurity issue and may be an issue of privacy and security which in that case should be under the Privacy Law. 9 12 February 2021