8/23/22, 12:15 AM Update on Draft Cybersecurity Law and its Impacts on Digital Rights and the Digital Economy - News English မြန်မာ မြန်မာ (unicode) Search About News Sectors Pwint Thit Sa (TiME) Report Dialogues Investment Maps Submissions to Consultations eNews Search Resources Update on Draft Cybersecurity Law and its Impacts on Digital Rights and the Digital Economy February 15, 2022 MCRB, together with other stakeholders, is concerned about the latest amendments to the draft Cybersecurity Law circulated for comment to Ministries, Central Bank, Union of Myanmar Chambers of Commerce and Industry, Myanmar Computer Federation, telecoms licence holders, and banking and financial institutions by the Ministry of Transport and Communications on 13 January 2022. Since 2014, MCRB has advocated for Myanmar to develop a cybersecurity legal and policy framework which includes safeguards consistent with international standards of human rights protection. Read a summary of our previous advocacy. A safe and secure digital environment, based on international standards on data protection, rule of law and international human rights, is important to the Myanmar’s sustainable development, including the development of the digital economy. A safe and secure digital environment, based on international standards on data protection, rule of law and international human rights, is important to the Myanmar’s sustainable development. Latest ICT-Related News The following is a summary of the latest developments and statements, MCRB’s own views, and inputs from a range of business and NGO stakeholders which we will update over the coming weeks. Current Status of the Draft Cybersecurity Law The covering letter circulated with the January 2022 draft states that the E-Government Steering Committee decided in November 2019 that the CyberLaw Drafting committee and the Cyber Security Sub-committee should jointly prepare a draft Cybersecurity Law. (This Steering Committee was established on 24 January 2018 and chaired by then Vice-President-1, Myint Swe, with the then Minister of Transport and Telecommunications, and the Union Government Minister, as Deputy Chairs. Daw Aung San Suu Kyi was Patron). The covering letter says that a first draft was sent to relevant departments and organisations on 8 February 2021. Comments received from a variety of stakeholders in February 2021 were considered by the e-Government Implementation Working Committee on 15 September 2021 and amendments made to the draft law. The revised draft was considered by the CyberLaw Drafting committee and the CyberSecurity sub-committee on 13 October 2021 and 13 December 2021. Analysis of the draft shows that provisions concerning privacy and data protection, which were originally included in the February 2021 draft cybersecurity law but instead adopted in the form of an amended Electronic Transactions Law, have been reintegrated into the January 2022 draft MCRB Submits Input to OHCHR on the Right to Privacy in the Digital Age Jun 06, 2022 MCRB has made an input into a report on the right to privacy in the digital age which is being undertaken by the UN Office of the High Commissioner for Human Rights. MCRB’s inputs reflect its experience of working on digital rights in Myanmar since 2014. Cybersecurity law. The draft law states that the Electronic Transactions Law will be amended if and when this law is adopted. Impacts of the draft Cybersecurity Law A range of organisations has responded to the draft Cybersecurity Law highlighting deep concerns about the impact that the draft law would have on all sizes of business, Myanmar and international, organisations, and individuals across the country. Digital Rights NGO Free Expression Myanmar (FEM) have prepared an unofficial EN translation which is annotated to show changes from the February 2021 draft and conducted an extensive analysis of the impact of the 2022 draft law on human rights. They note that all of the previous concerns from the February 2021 draft remain, , including internet shutdown and specific website blocks, with the lack of any safeguards to these controls; extraterritoriality; an increase in criminalisation and long prison terms for a variety of free speech ‘offences’; making internet intermediaries criminally liable for content; weaknesses in data protection, and data localisation requirements without detailed explanation of the data classification process. FEM identify new elements in the January 2022 draft which: https://www.myanmar-responsiblebusiness.org/news/draft-cybersecurity-law.html MCRB Submits Input to OHCHR on the Practical Application of the UNGPs to the Tech Sector Mar 21, 2022 MCRB has made an input to the UN Office of the High Commissioner on Human Rights concerning the High Commissioner’s report on the practical application of the Guiding Principles on Business and Human 1/5

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