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Public Consultation Seeks Input on Developing Myanmar’s Approach to Cyber Crime

As cyber threats continue to evolve and pose significant risks to individuals and businesses alike, Myanmar is undertaking a public consultation process to develop its approach to addressing cyber crime.

Challenges of Ensuring Online Security while Respecting Human Rights

The issue has been exacerbated by the lack of a clear definition of what constitutes cyber crimes, leading to concerns that some governments may be using vague laws to criminalize legitimate online activities. Experts have identified two main types of cyber crimes:

  • Cyber-Dependent Crimes: Those that can only be committed using computers or devices, such as hacking, phishing, and spreading malware.
  • Cyber-Enabled Crimes: Those that involve using the internet to facilitate traditional crimes, such as fraud and extortion.

Myanmar’s Approach

To address these threats, Myanmar is considering adopting the Council of Europe’s Convention on Cyber Crime, also known as the Budapest Convention. However, experts warn that simply copying and pasting the convention into domestic law without adding human rights safeguards could have serious consequences for individual privacy and freedoms.

Key Issues Being Considered

The consultation process aims to gather input from stakeholders, including civil society organizations, businesses, and individuals, on how Myanmar should develop its approach to cyber crime. Key issues being considered include:

  • Defining Cyber Crimes: Developing a clear definition of what constitutes a cyber crime that respects human rights and international law.
  • Balancing National Security Concerns with Human Rights Protections: Ensuring that laws regulating cybersecurity and cyber crime are transparent, accountable, and subject to judicial oversight.
  • Transparency and Accountability in Surveillance Powers: Ensuring transparency and accountability in the use of surveillance powers.
  • Individual Privacy and Data Protection: Protecting individual privacy and data protection.

Key Recommendations

Experts have issued several key recommendations for Myanmar’s consideration:

  • Develop a Clear Definition of Cyber Crimes: Develop a clear definition of cyber crimes that respects human rights and international law.
  • Ensure Transparency and Accountability in Laws: Ensure that laws regulating cybersecurity and cyber crime are transparent, accountable, and subject to judicial oversight.
  • Establish Strong Data Protection Laws: Establish strong data protection laws that apply to both public and private entities.
  • Separate Surveillance Powers from Cyber Crime Laws: Avoid mixing surveillance powers with cyber crime laws, and instead establish a separate legal framework for surveillance.
  • Complement the Budapest Convention with Human Rights Safeguards: Complement the Budapest Convention with human rights safeguards equivalent to those found in international instruments.

Consultation Process

The consultation process is ongoing, and stakeholders are encouraged to submit their input and recommendations by [date]. This is an opportunity for Myanmar to develop a comprehensive approach to addressing cyber threats while also promoting online freedom and human rights.