You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

February 23, 2021

Myanmar Amends Legislation on the Privacy and Security of Citizens amid State of Emergency

As many are already aware, following the change of government in Myanmar on February 1, 2021, a draft Cyber Security Law was proposed which attracted widespread criticism.

However, less attention has been paid to significant amendments to two existing laws, some of which have a similar effect to parts of the draft Cyber Security Law. In other words, while the draft Cyber Security Law has not progressed further and is under public scrutiny, significant elements of it have found their way into law in Myanmar by other routes. Because these amendments are already law, it is very important that individuals and businesses in Myanmar understand their implications.

Amendments to the Law Protecting the Privacy and Security of Citizens

The Law Protecting the Privacy and Security of Citizens (2017), or the “Privacy Law,” was amended on February 13, 2021, less than two weeks after the military government came into power. These amendments chiefly address the power of the government to conduct searches, seizures, and arrests; to extend detention without judicial oversight; and to carry out broad surveillance and investigation activities that could intrude on individual privacy. The amendments accomplish this by suspending various sections of the Privacy Law for as long as the State Administration Council (the military body now governing Myanmar) is in power. The suspended sections include the following:

  • Section 5: Search, seizure, and arrest without civilian observation

The relevant part of Section 5 of the Privacy Law states, “The responsible authorities shall … when acting in accordance with existing law, not enter into a person’s residence or a room used as a residence, or a building, compound or building in a compound, for the purpose of search, seizure, or arrest, unless accompanied by minimum of two witnesses who should comprise Ward or Village Tract Administrators…”.

The suspension of this section means that government agents can now enter people’s homes for the purposes of search, seizure, and arrest without civilian witnesses.

  • Section 7: Indefinite detention (habeas corpus)

Section 7 of the Privacy Law states that “No one shall be detained for more than 24 hours without permission from a court unless the detention is in accordance with existing law.”

The suspension of this section means that individuals in Myanmar may now be detained in prison indefinitely without the intervention of court proceedings.

  • Section 8: Wide-ranging individual privacy rights

Section 8 of the Privacy Law is the most wide-ranging and covers arrest, search and seizure of property, interception of telecommunications without proper authority, and various other issues of personal privacy:

“In the absence of an order, permission, or warrant issued in accordance with existing law, or permission from the Union President or the Union Cabinet, a Responsible Authority:

      1. Shall not enter into a citizen’s private residence or a room used as a residence, or a building, compound or building in a compound, for the purpose of search, seizure, or arrest.
      2. Shall not surveil, spy upon, or investigate any citizen in a manner which could disturb their privacy and security or affect their dignity.
      3. Shall not intercept or disturb any citizen’s communication with another person or communications equipment in any way.
      4. Shall not demand or obtain personal telephonic and electronic communications data from telecommunication operators.
      5. Shall not open, search, seize or destroy another person’s private correspondence, envelope, package or parcel.
      6. Shall not unlawfully interfere with a citizen’s personal or family matters or act in any way to slander or harm their reputation.
      7. Shall not unlawfully seize the lawfully owned movable or immoveable property of a citizen, or intentionally destroy it either directly or by indirect means.”

Because of the suspension of this section, any of the above actions by governmental authorities now appear to be lawful in Myanmar.

Amendments to the Electronic Transactions Law

On February 15, 2021, the Electronic Transactions Law (2004)—the “ET Law”—was amended to introduce a broad exception allowing government confiscation of personal data, and a prohibition on sharing various types of information online. It is interesting to note that previously—in the draft of the Cyber Security Law—the administration intended to repeal the ET entirely, but this approach appears to have changed, as detailed below.

  • Government access to personal data

The data protection elements of the draft Cyber Security Law have essentially been incorporated into the new Chapter 10 of the amended ET Law. These provisions are brief and not comparable to the standards achieved by personal data protection regimes in other modern legal frameworks.

This chapter provides a new exception (Section 27-C) to the safe management of personal data in the case of “detecting, investigating, organizing of information, verifying the information conducted in accordance with management power on the cyber security and cybercrime matters relating to stability, tranquility, national security of the state.” “Stability,” “tranquility,” and “national security” are not defined in the legislation, but a wide enough interpretation would allow the government sweeping authority to obtain the personal data of any individual in Myanmar whenever it considers it necessary to do so.

  • Internet posts

Posting information on the internet is dealt with in Section 38-C of the amended law: “Whoever, at the cyber space, commits creating false news or fake news with the intention to cause public panic, to lost trust, to lower the dignity by public or to destroy the unity of any association, on conviction shall be punished with imprisonment for a term which may extend from a minimum of one year to a maximum of three years or with a fine not exceeding ten million Kyats or with both.”

This legislation does not  define “false news,” “fake news,” “public panic,” “lost trust,” “lower dignity,” or “destroy unity” which leaves room for wide interpretation and use.

The combined effect of these amendments is that government agents may, without court intervention:

  • Arrest and indefinitely detain anybody in Myanmar;
  • Seize or destroy property;
  • Intercept communications whether electronic or postal;
  • Access personal data wherever located;
  • Demand information from telecommunications service providers; and
  • Arrest and detain individuals for online posting of content deemed undesirable.

As these legal developments represent potentially significant shifts in the legal landscape for Myanmar, all individuals and businesses in Myanmar need to be fully aware of the changes.

RELATED INSIGHTS​ 

September 15, 2026
Insurance specialists from Tilleke & Gibbins in Bangkok have contributed the updated Thailand chapter to the newly released 2026 edition of Thomson Reuters’ Practical Law guide to insurance and reinsurance. The Thailand chapter offers a comprehensive Q&A-style overview of the legal and regulatory framework governing insurance and reinsurance in the country. It provides key insights for businesses, insurers, reinsurers, and intermediaries operating in or entering the Thai market. Key topics covered include: Market structure and common types of insurance Regulatory framework and oversight by the Office of Insurance Commission (OIC) Authorisation requirements for insurers, reinsurers, and intermediaries Ownership restrictions and foreign investment rules Corporate governance, capital requirements, and solvency obligations Reinsurance arrangements, including fronting, risk transfer, and common contractual clauses Policy content requirements, standard clauses, and consumer protections Claims procedures, statutory time limits, and subrogation rights Dispute resolution mechanisms, including OIC arbitration and court proceedings Insolvency protections for policyholders Tax treatment of insurance and reinsurance businesses in Thailand Recent legal developments, including updated OIC regulations and insurance licensing guidelines The 2026 edition reflects Thailand’s evolving regulatory environment, including ongoing legislative reforms to strengthen corporate governance, risk-based capital requirements, and digital media compliance in the insurance sector. It also highlights practical considerations for foreign insurers, reinsurers, and intermediaries seeking to participate in Thailand’s insurance market. Tilleke & Gibbins contributes regularly to the Practical Law series of guides for various jurisdictions in Southeast Asia, providing trusted legal insight for multinational companies. Access the full Thailand chapter below. Reproduced from Practical Law with the permission of the publishers. For further information, visit practicallaw.com.
September 11, 2026
Thailand’s National Broadcasting and Telecommunications Commission (NBTC) has published a new five-year master plan that will bring significant regulatory changes to the broadcasting and digital media sectors, including formal licensing requirements for internet-based audiovisual services. The Master Plan for Broadcasting and Television, 3rd Edition (B.E. 2569–2573/2026–2030) was published in the Government Gazette on September 1, 2026, and will affect OTT platforms, internet-based audiovisual service providers, and traditional broadcasters. Licensing Reform The NBTC will develop new licensing frameworks ahead of existing digital television license expirations, which are slated to occur between 2028 and 2030. This creates both uncertainty and opportunity for incumbents and new market entrants. New licensing criteria will also be developed for audiovisual services delivered over the internet, meaning previously unregulated internet-based providers may face licensing, fee, and content obligations for the first time. The plan also calls for a new law to govern converged communications services. OTT Regulation and Content Oversight The plan explicitly acknowledges and aims to lessen the regulatory asymmetry between traditional broadcasters—which are subject to licensing, fees, and content regulation—and internet-based services that currently face fewer obligations. The NBTC intends to develop regulatory frameworks to bring internet-based audiovisual services, including OTT platforms, streaming services, and user-generated content platforms, under content, consumer protection, and licensing requirements. Consumer Protection and Digital Rights The NBTC will strengthen its oversight of broadcasting, television, and telecommunications operators to ensure compliance with consumer protection and personal data protection requirements. This includes updating relevant notifications and orders and more strictly enforcing rules against practices that unfairly exploit consumers. These measures may layer NBTC-specific requirements on top of Thailand’s existing Personal Data Protection Act obligations. Stricter enforcement against practices that exploit consumers is a priority, with particular scrutiny on advertising practices. The NBTC will modernize complaint resolution processes, meaning service providers should
September 9, 2026
On August 5, 2026, the Consumer Case Division of Thailand’s Civil Court rendered a judgment in a case involving a beauty clinic that advertised acne scar treatments using claims that the clinic was operated by a specialist physician and that the treatment, allegedly involving stem cell technology, could permanently remove acne scars. The plaintiff brought a claim against both the physician-owner and the clinic company, alleging that the advertisements were false and induced her to purchase the treatment. The court found that the clinic was liable for the false representations and that the physician-owner, as both the authorized director of the company and the medical practitioner who provided treatment, was jointly responsible. Although the plaintiff could not fully prove all damages claimed, the court awarded compensation of THB 20,000, together with interest. While the judgment arose from a consumer protection dispute, it serves as a valuable reminder that medical facility advertisements in Thailand are regulated and may expose clinics and healthcare providers not only to regulatory enforcement but also to civil liability from patients who rely on misleading promotional claims. Regulatory Framework Governing Medical Facility Advertisements Medical facility advertising in Thailand is governed by the Medical Facility Act B.E. 2541 (1998), as amended by the Medical Facility Act (No. 4) B.E. 2559 (2016). The principal secondary legislation is the Department of Health Service Support (DoHSS) Notification Re: Rules, Procedures, Conditions, and Fees for an Advertisement or Publication Concerning a Medical Facility, which came into force on November 25, 2019. Under this notification, “advertising” includes any act, by any means, that causes members of the public to see, hear, or otherwise become aware of a message, sound, or image for the commercial benefit of a medical facility. This broad definition covers not only traditional media but also clinic websites, social
September 9, 2026
On June 30, 2026, Indonesia’s National Agency of Drug and Food Control (BPOM) issued BPOM Regulation No. 11 of 2026 on Food Packaging, which expands the list of approved food-contact substances and recognizes a broader range of permissible functions for those substances. The new regulation, which revokes BPOM Regulation No. 20 of 2019, reflects developments in packaging technology and materials science. Although the new regulation provides more advantages to business actors by adding more food contact substances to the approved list for use in food packaging, there are more stringent rules and restrictions for testing. One of the most significant changes is a comprehensive migration-testing framework that sets out requirements for packaging materials, testing conditions, food simulants, and specific migration limits. Overall and Specific Migration Under BPOM Regulation No. 20 of 2019, migration requirements were primarily set out within the lists of approved food-contact substances and packaging materials. BPOM Regulation No. 11 of 2026 instead expressly requires packaging materials that come into direct contact with food to meet both overall and specific migration limits. These are defined as follows: Overall migration: The total quantity of all substances that migrate from the packaging, regardless of whether the substances are hazardous or nonhazardous to health. Specific migration: The quantity of a particular identified substance known to be hazardous to health that migrates from the packaging. Stricter Limits on Heavy Metals The overall migration limit for plastic packaging remains unchanged under both regulations at 60 mg/kg or 10 mg/dm². However, the new regulation introduces significant changes to the regulation of heavy metals. Under the 2019 regulation, four heavy metals—lead, cadmium, chromium VI, and mercury—were subject to a single combined limit of 1 mg/kg. The 2026 regulation, however, requires each heavy metal to meet its own individual specific migration limit, adds arsenic as