8/23/22, 12:15 AM Update on Draft Cybersecurity Law and its Impacts on Digital Rights and the Digital Economy - News Since 2013, MCRB has worked with a wide range of partners including large and small businesses, local civil society organisations and international NGOs, and government departments to promote responsible, sustainable and inclusive business in Myanmar. We have co-hosted four Myanmar Digital Rights Forums, four national conferences on Communities and Tourism and many other events and dialogues across the country on topics as diverse as disability inclusive business, policy and regulatory frameworks for sustainable gold mining, and environmental impact assessments. The common thread across all of these activities has been the importance of social media, and in particular Facebook, as a means to build ‘communities of practice’ across Myanmar who stay in touch and learn from one another and from the wider world, including similar interest groups in ASEAN and beyond. Furthermore, businesses, particularly small businesses such as community-based tourism initiatives and F&B outlets, use Facebook and other digital services to connect to customers. Environmental groups use Facebook to raise awareness of issues such as waste, climate change and deforestation, and to encourage sustainable practices and organise for volunteer trash collection. Business schools and associations use it to communicate with students, and promote continuous learning and access to good practice. Social media and digital service providers can be used as a tool for public participation, to provide updates on regulation, investments, and as channel for feedback and complaints about public services or companies. State institutions such as the Ministry of Health use it for updating COVID-19 information. MCRB believes that adoption of this draft law would jeopardise the building of a digital economy domestically and internationally, with ASEAN and as part of the Regional Comprehensive Economic Partnership agreement (RCEP) between ASEAN, China, India, Japan, Republic of Korea, Australia, and New Zealand. Article 12.10 of the RCEP agreement, on the Domestic Regulatory Framework, notes that “Each Party shall endeavour to avoid any unnecessary regulatory burden on electronic transactions”. The draft law would undermine the ability of a digitally connected society to work in support of responsible business and sustainable development. It would also further undermine the ability of businesses to operate responsibly since compliance with the law would undermine their responsibility to respect human rights. MCRB looks forward to working with others to build a policy and legal framework for cybersecurity and data protection that protects human rights, including the right to privacy, freedom of expression and access to information. Facebook LinkedIn Twitter Read also MCRB Submits Input to OHCHR on the Right to Privacy in the Digital Age MCRB Submits Input to OHCHR on the Practical Application of the UNGPs to the Tech Sector Myanmar’s Legal Framework For Cybersecurity Needs To Be Built To International Standards Why Data Protection Matters: Know what you share! MCRB Provided Comments on Draft E-commerce Strategy for Myanmar and Draft eCommerce Guidelines 2020 Recorded discussion panel: "In Privacy and Data Protection We Trust!" https://www.myanmar-responsiblebusiness.org/news/draft-cybersecurity-law.html 4/5

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