Background Back to contents 33 and cybercrime into two distinct frameworks. The Ministry of Transport and Communications was planning to draft legislation only focusing on cybersecurity. The interviewees also stated that it seems the cybersecurity framework will be focusing on security rather than data protection and digital rights. The Myanmar Centre for Responsible Business has published its policy brief on cybersecurity and cybercrime framework highlighting the need to address cybercrime, actions to increase cybersecurity, and the steps for developing good cybercrime laws as well as to avoid violations when implementing the law.55 In Myanmar, the implementation of projects does not depend on relevant legislation being in place. For instance, the Ministry of Transport and Communications invested MMK 6,190 million (roughly USD 4 million) towards implementing a Lawful Interception System for the 2019–2020 financial year, even though Myanmar does not have a legislative framework for interception to this date.56 In the context of smart cities, the implementers from Mandalay MCDC mentioned their concern for lack of data protection, but yet they still went ahead with putting in place ‘smart’ infrastructure because they were not the ones enacting legislation. Since the coup began, the military junta has amended laws that protect human rights. The amendments enable arbitrary arrests, remove basic privacy protections, and criminalise peaceful protests. These developments, in tandem with an increasing reliance on repressive technology, indicate a systematic build towards the erosion of human rights. For example, under the Law Protecting the Privacy and Security of Citizens, sections 5 (pertaining to safeguards relating to search and seizure), 7 (requiring a court order for any detention of more than 24 hours), and 8 (protecting an individual’s right to privacy) were suspended as of 13 February 2021. Other legislations amended include the Law Protecting the Privacy and Security of Citizens (2017), the Penal Code 505 (A), the Ward and Tract Administration Law, the Code of Criminal Procedure, and the Electronic Transactions Law.57

Select target paragraph3