Posted in Legislative Research on Feb 20, 2020

The amendment bill was posted on the Pyidaungsu Hluttaw website on 25th February 2019. It was submitted by the Pyithu Hluttaw Judicial and Legal Affairs Committee. At the time of writing the committee report has been already read in plenary session of the Pyithu Hluttaw.

Current Status (20.02.2020) – awaiting for the debate at the Pyithu Hluttaw

(1) Backgrounder

The Law Protecting the Privacy and Security of Citizens (Privacy Law) was approved on the 8th of March 2017, six months after its submission by the Pyithu Hluttaw Bill Committee.

The Privacy Law is distinct unlike other laws (see here). Due to those distinctions one of which is lack of objectives, difficulties were found in the course of interpreting some provisions. Also, the fact that the power to issue by-laws and notifications was not determined in the law created some controversy over who has the right to interpret and implement the law.

(2) Bill Summary

The bill includes three main amendments relating to the responsible ministry, prosecution and the issuing of rules and regulations.

  • The original law defines “related ministry” as the Ministry of Home Affairs. The current amendment changes it into the Union Ministry given duty by the Union Government.
  • Another added provision is that the consent of related ministry must be secured before prosecution against violations. And prohibitions under the law and their penalties would not change under this amendment, but it is proposed to allow bail to be granted to suspected offenders.
  • According to another new provision, the related ministry can issue by-laws and rules with the consent of the Union Government, and it can also issue notifications, orders, directives and procedures where necessary.

Other relevant law

Penal Code

Link

Bill Text

Contact

Moe Aung, The Ananda, moeaung@theananda.org