provisions to criminalise the use of unauthorised Virtual Private Networks (VPNs). This would severely
impact millions of people in Myanmar who make use of VPNs. Although the use of VPNs has privacy
benefits, users are primarily connecting via VPN to access Facebook, which together with a number of
media and other sites, is currently blocked by the military regime.
Given the dependence on Facebook by many small businesses, education and health providers, and social
groups, any move to criminalise unauthorized VPN usage would have a widespread negative impact on
many rights holders, including on their right to livelihood, right to health etc, particularly during the COVID
pandemic, when Facebook was the main channel for public health information. MCRB compiled analyses
of the impacts of the draft law, and shared these with businesses and other groups in support of advocacy
against the proposed move, and then compiled and published statements from business associations.6
To date, it is unclear whether the draft law will be adopted in its current form, or amended to reflect the
strong outcry against banning unauthorized VPNs. However, the experiences of encouraging business
advocacy and collective action against damaging provisions in the draft cybersecurity law have shown that
it is possible to align the defence of political rights, such as the right to freedom of expression, the right
to information and the right to privacy, and advocacy on protecting economic, social and cultural rights,
such as the rights to livelihood and health. By focussing on economic impacts, and amplifying the business
voice, it may still be possible to have some impact on an authoritarian regime, at a time when advocacy
based on political rights has no traction.
2. Low digital literacy and privacy awareness and practices amongst government and the public
MCRB, working with local partners including through the Myanmar Digital Rights Forum, has sought to
raise awareness of privacy and data protection.7 Privacy is not, however, a word which translates easily
into Myanmar language, or culture.8
Lack of awareness of privacy and digital literacy and the absence of an effective legal framework for data
protection can lead Myanmar people to place themselves and others at risk through the publication of
personal data or a lack of attention to digital security. Although there is no data on the incidence of
identity theft in Myanmar, it is a growing risk.9 Myanmar’s COVID-19 QR pass system was a victim of
hacking, and open to identity theft and breaches of privacy.10 The Directorate of Investment and
Companies Administration (DICA) and Myanmar Investment Commission were hacked shortly after the
coup, leading to the publications of documents from 120,000 companies, including the scans of personal
ID of company directors.11 Other Myanmar government sites have been regularly hacked, both pre and
post-coup.
6
Update on Draft Cybersecurity Law and its Impacts on Digital Rights and the Digital Economy, MCRB 15 Feb 2022
Four meetings of the Myanmar Digital Rights Forum were held in 2016, 2018, 2019 and 2020. To celebrate Data
Protection Day in January 2021, MCRB published a blog on Why Data Protection Matters! in English and Myanmar
contextualising it for Myanmar audiences.
8
MCRB translates privacy as ပုဂ္ဂိုလ်ဆုင
ဂ ရ
် ာလုခ ိုမှု po-go-sain-ya loun-kyoun-hmu which translates literally as security
7
of the person. but alternative translations include လ ဂို ျှို့ ဝှက် ျက် (secrecy), ကဂုယ်ရရေးကဂုယ်တာ (personal) or
သေးသနတ
် ည်ရှဂမှု (being separate)
9
Myanmar Police Force helps investigate Facebook identity theft, Myanmar Digital Newspaper 24 June 2019
Cyberattacks hobble Myanmar’s COVID-19 QR pass system, expose massive security flaws, KrASIA, 1 October 2020
11
Massive data trove from 120,000 Myanmar companies, KrASIAa 21 February 2021
10
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