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