framework for international cooperation on cyber crime.10 It was also intended to “serve as a guideline for any country developing comprehensive national legislation against cyber crime” but was written two decades ago. A number of countries have used it as a basis for their own laws on cyber crime. It has three major components: i. establishes a list of crimes that each participating nation should have on its books ii. requires new investigative powers to investigate cyber crime iii. provides for cross border assistance on cyber crime The Convention was developed in Europe where countries must also adopt the European Convention of Human Rights and European data protection legislation. It is therefore assumed that the Convention will be complemented by human rights safeguards in the wider legal system. Indeed, the Convention specifies in Article 15 that it should be complemented by human rights safeguards that are equivalent to the European Convention on Human Rights and the International Covenant on Civil and Political Rights, other applicable international human rights instruments, and the principle of proportionality.11 These safeguards do not currently exist in Myanmar’s broader legal system. Therefore new Myanmar laws relating to cybersecurity and cyber crime need to incorporate these safeguards in addition to addressing the main points in the Convention. 10 Council of Europe, The Convention on Cyber Crime of the Council of Europe, (CETS No. 185), known as The Budapest Convention. 11 Council of Europe, Practical Guide on the use of personal data in the police sector: how to protect personal data while combatting crime, 15 February 2018. 5

Select target paragraph3