protection, transfer and storage. Data protection challenges were highlighted, including the lack
of a comprehensive data protection law in Myanmar and the lack of clear division of roles
concerning cyber-crime. Panelists highlighted the importance of putting a robust Data
Protection Law in place that is based on protecting users’ right to privacy and imposes
obligations on companies processing and using data. It was also noted that in the absence of
legislation, data protection standards would be left entirely to companies, the only exceptions
being the digital payments sector where there are financial services regulations issued by the
Central Bank of Myanmar. Fraud in the emerging e-commerce sector was raised, and the need
for a clear e-commerce legal framework. The absence of a legal framework for lawful
interception was also flagged, accompanied by a recommendation that this be covered in the
forthcoming legal framework to provide legal clarity. It was also highlighted that users have a
clear responsibility to protect their own data. The privacy policies that companies have in place
and the redress mechanisms offered also need to be clear.
Stakeholder Priorities on the Right to Privacy for 2019
The Myanmar government should
● Develop a robust cyber policy framework and separate laws on e-government, ecommerce, cyber security, cyber-crime, data protection and lawful interception that
protect digital rights and replace existing outdated laws.
● Consult with other stakeholders including the private sector and CSOs in developing
the forthcoming cyber policy framework and laws.
● Improve government capacity and effectiveness including by re-establishing a separate
Ministry of Communications to handle ICT-related issues.
● Play an active role in promoting digital literacy.
The Pyidaungsu Hluttaw (Parliament) should
● Cultivate champion MPs who are interested in ICT matters and engage with them on
the cyber policy framework and laws.
● Actively engage with citizens on digital rights priorities.
● Actively support government activities that promote digital literacy.
Civil society organizations should
● Coordinate and cooperate in providing CSOs’ inputs into the forthcoming cyber policy
framework and laws.
● Actively engage on advocacy on digital rights.
● Provide training on digital rights to MPs and government agencies.
The private sector should
● Raise public awareness of digital literacy.
● Disclose relevant and meaningful information on the company’s impacts on digital
rights and its interactions with the government on digital rights.
● Actively engage with the government and the civil society organizations on digital
rights.
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