If Myanmar is to truly implement a proper Lawful Interception System a key point of reference would be the ICT Sector Wide Impact Assessment Executive Summary SWIA which is published by MCRB the Institute of Human Rights and Business IHRB and the Danish Institute of Human Rights DIHR The SWIA includes recommendations on the characteristics of a rights respecting model for Lawful Interception including: 1 Prerequisites 2 Authorisation Processes 3 Oversight 4 The notification of individuals 5 Remedy 6 Transparency 7 Provision for Framework Review The SWIA recommends that companies providing services to users should not be compelled to modify their infrastructure to enable direct surveillance that eliminates the opportunity for judicial oversight The impact assessment also recommends that service providers should have the right to seek clarification or modification to a request which does not seem to follow domestic legal procedures which in turn should incorporate internationally accepted human rights protections Such recommendations should be accepted and followed by any Lawful Interception System in Myanmar U di cl ed d c me As part of the study relevant calls for tender that were published on the authorities websites were monitored and documented from September 2016 to July 2020 The goal of the monitoring was to document what types of equipment the authorities were purchasing Most of the relevant tenders were from the MoTC Notably according to Article 64 a of the Procurement Law purchases related to national security do not need to go through the traditional procurement process and therefore would not necessarily appear on the published list of tenders P ice ac ic The police in Myanmar have the capability to surveil and seize devices and data They have confiscated devices from human rights defenders activists and journalists and extracted information from the devices As discussed authorities confiscated the mobile phones of two journalists and used Cellebrite to extract data from the devices The information extracted was later used to sentence the reporters to seven years in prison Notably the government of Myanmar has received foreign support and assistance to help train and build the capacity of its police force MyPol an EU based project started in 2016 supports Myanmar police reform in the areas of community policing crowd management crime investigation and human resource management Reporting also indicates that the Canadian government has provided financing through InterPol for police training and surveillance equipment to Myanmar and at least six other Southeast Asian countries with histories of human rights violations The goal of the assistance is to help the police intercept irregular migrants and smugglers Through InterPol Myanmar police receive support for projects operations and training The projects Myanmar is involved with include: Project Relay Project Trace and Project Sunbird Each project

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