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​ 

December 2, 2024
Kratom (Mitragyna speciosa) was once listed as a prohibited substance under the Narcotics Act. Kratom was then removed from the narcotics list in 2021 and is now regulated under the Kratom Plant Act B.E. 2565 (2022), which allows the trading, use, import, and export of kratom. Furthermore, the Ministry of Public Health has allowed the use of kratom in food and drink, food supplements, and herbal products. Anyone who wishes to launch kratom food or herbal products must first obtain a product license from the Thai Food and Drug Administration (FDA). On September 4, 2024, the Thai FDA announced guidelines specifically for powdered kratom leaves and kratom leaf extracts (using water or ethanol as solvents) as ingredients in food supplements. These guidelines aim to provide business operators with a clear framework for launching kratom-based food products in Thailand. Key points from these guidelines include: Raw material specifications and standards: Powdered kratom leaves and kratom leaf extracts must contain at least the prescribed amount of mitragynine (one of the primary active compounds in kratom) as a marker of quality. For example, mitragynine must account for at least 1% by mass for powdered kratom leaves. Food supplement specification and standards: Food supplements containing powdered kratom leaves or kratom leaf extracts must not have a dosage of over 0.2 mg/day of mitragynine (including 7-hydroxymitraglynine, which may occur naturally), or 1 mg/day for food supplements containing kratom extracts that use water as a solvent. Addition of 7-hydroxymitraglynine to food supplements is prohibited. Mitragynine content in food supplement products must not exceed the specified dosage limit. Additionally, the food supplement product must be in a ready-to-eat form (e.g., liquid, gel, tablet, or capsule). If powdered kratom leaves or kratom leaf extracts are to be used as ingredients in food categories other than food supplements,
November 25, 2024
Thailand has released the set of principles that will form the official draft Platform Economy Act (PEA) for a public hearing period that runs until December 15, 2024. The PEA is likely to be positioned as a general or overarching law for digital intermediary services and digital platform service businesses. In January 2024, an early, unofficial version of the proposed law had been circulated among a limited group of operators in certain industries to get comments for the working group charged with the PEA’s development. Now, however, the proposed principles that will underpin the official draft PEA have been released publicly to gather comments, feedback, and suggestions from any interested stakeholders. The principles of the draft PEA cover two main areas: user protection and fair competition. The key details in these two areas are outlined below. User Protection The main regulator supervising the law’s user protection elements will be the Electronic Transactions Development Agency (ETDA). The draft PEA is expected to impose user protection obligations on service providers based on their nature, size, and risk level. The principles set out a three-tiered classification system for service providers that will be covered under the draft PEA, as detailed below, ordered from fewest obligations to most: Intermediary Service Provider: This describes a service provider acting as an intermediary between a sender and recipient of information on a computer network, the internet, or a telecommunications network. Service providers likely to fall under this category include cloud service providers and web hosting providers. Intermediary service providers may be further categorized into the following subtypes: Mere conduit service providers; Caching service providers; Hosting service providers; and Other service providers as prescribed in ministerial regulations. Online Platform: This refers to an intermediary service provider offering data storage services that connect various types of users to
November 18, 2024
A new notification on required labeling and packaging for alcoholic beverages was published in Thailand’s Government Gazette on November 8, 2024, taking full effect the following day. The notification (Notification of the Alcoholic Beverage Control Committee Re: Criteria, Methods, and Conditions for Packaging of Alcoholic Beverages and Warning Statements of Alcoholic Beverages Both Produced Domestically and Imported into Thailand 2024) essentially reaffirms a mandatory requirement for packaging and warning statements for alcoholic beverages, which echoes existing regulations from 2009 and 2017. Under the authority of the Alcoholic Beverage Control Act B.E. 2551 (2008) (ABCA), the notification reinforces the Alcoholic Beverage Control Committee’s objective of promoting consumer awareness through standardized warning labels. The notification addresses the following key aspects: Packaging definitions. The notification defines packing-related terms for the first time under the ABCA. These terms include (1) packaging, (2) containers (also known as primary packaging), and (3) outer packaging (secondary packaging). Packaging requirements. Containers for alcoholic beverages produced or imported for sale in Thailand must be at least 0.175 liters each. Warning statements. Although alcoholic beverages are classified as food under the Food Act B.E. 2522 (1979), the notification exempts alcoholic beverages from general food labeling requirements prescribed in the Food Act. Instead, it mandates that the following warning statements be prominently displayed: Sale of liquor to persons under 20 years old is prohibited; Drinking reduces driving ability; and Not suitable for persons under 20 years old. Format. The notification specifies that these warning statements must be written in Thai, in bold characters, with a minimum type size of five millimeters. The warning must be enclosed in a box that contrasts with the label background and surrounding content. Exemptions. Certain products, such as alcoholic beverages imported as samples or otherwise not intended for commercial sale, are exempt from the warning
November 15, 2024
Vietnam’s new Decree No. 147/2024/ND-CP on the management, provision, and use of internet services and online information (“Decree 147”), which will come into effect on December 25, 2024, replacing Decree No. 72/2013/ND-CP (“Decree 72”), introduces several changes to the regime for domain name dispute resolution. The new decree aims to clarify the legal framework and address some longstanding inconsistencies between Vietnam’s laws on intellectual property and information technology. The main changes related to domain name dispute resolution under Decree 147 are summarized below. Removal of Prescriptive Actions Decree 147 no longer lists specific actions for resolving domain name disputes. Decree 72 had outlined three methods: negotiation/mediation, arbitration, and court. However, IP practitioners had long criticized this approach, arguing it conflicted with the IP Law, which additionally allows administrative action. By omitting these methods, the new decree implies an acceptance of administrative action as provided in the IP Law. However, Decree 147 remains silent on establishing a dispute resolution forum aligned with the CPTPP’s requirement for a UDRP-like model. Currently, Vietnam’s available forums do not fully conform to the UDRP framework. An anticipated circular may provide further guidance on this aspect. Deactivation of Domain Names Decree 72 does not have any provision on the deactivation of a domain name. However, Decree 147 has stipulated some situations where domain names will be deactivated, such as when there is a request from an authority, or when it is discovered that incorrect information was used for registration. Clearer Criteria for Dispute Resolution Article 16 of Decree 147 sets out three clear criteria that must be met for domain name dispute resolution to proceed: (i) confusing similarity with the plaintiff’s trademark, trade name, or personal name; (ii) the defendant’s lack of legitimate rights or interests in the domain name; and (iii) bad faith. Previously,