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.
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