Continue reading on DataGuidance with:
Free Member
Limited ArticlesCreate an account to continue accessing select articles, resources, and guidance notes.
Already have an account? Log in
Myanmar: Parliament amends privacy law, narrows prosecutions under Article 10
OneTrust DataGuidance confirmed, on 9 September 2020, with Nwe Oo, Senior Attorney at Tilleke & Gibbins International Ltd, that the Law Protecting the Privacy and Security of Citizens (Union Parliament Law 5/2017) 8 March 2017 was amended ('the Amendment Law') by the Assembly of the Union on 28 August 2020. In particular, Oo noted that "The Amendment Law made amendments on two Sections (Section 8 and 10) of the original law and one section is inserted as an additional section (Section 14)." More specifically, in relation to prohibitions on government interferences with private life, Oo highlighted that, "The introduction part of Section 8 'Without an order, permission or warrant issued in accordance with existing law, or without permission from the President or Union Government, no one shall-' was amended as 'Without an order, permission or warrant issued in accordance with existing law, or without permission from the President or Union Government, no competent authority who possess official powers and duties shall-.'"
In relation to changes to Section 10, Oo added that, "Provision of Section 10 'Any person found guilty of committing an offence under Section 7 or Section 8, shall, in addition to a sentence for a period of at least six months, and up to three years, also be required to pay a fine of between MMK 300,000 and MMK 1.5 million' (approx. €190 and €954) was amended as 'Any competent authority who possess official powers and duties found guilty of committing an offence under Section 7 or Section 8, shall, in addition to a sentence for a period of at least six months, and up to three years, also be required to pay a fine of between MMK 300,000 and MMK 1.5 million' (approx. €190 and €954)."
Finally, in relation to the introduction of Section 14, Oo outlined that "[Section 14 provides that] 'To implement the provisions of this law, the responsible Ministry may issue necessary Notifications, Orders, Directives and Procedures.'"
You can read the press release, only available in Burmese, here.