There are no free lunches!
On November 1, the then incumbent NLD government announced via the government newspaper - the Global New Light of Myanmar (GNLM), that it had purchased COVID-19 medical supplies for the upcoming 2020 General Elections. These supplies ranged from KN95 masks, protective face masks, boots and PPE medical protective clothing will be distributed to voters, polling station staff and volunteers, in order to prevent the spread of COVID-19 disease, as reported. GNLM also reported that Huawei too had made a donation of about 100 Huawei smartphones as a contribution towards Yangon Region COVID-19 Protection, Control and Treatment Coordination Committee to help curb the spread of COVID-19 in Myanmar.
Globally there are concerns over Chinese involvement in various cellular network equipment especially Chinese sources containing backdoors. There are strong allegations that these backdoors are enabling surveillance for and by the Chinese government as part of their international intelligence activity.
China Internet Security Law compels companies and individuals to assist the state intelligence agency to collect information whenever requested (read commanded). Prominent Chinese telecommunication vendors Huawei and ZTE have been identified to be close to the leadership of the Chinese Communist Party and doing the bidding of their political masters.
While it is commendable for companies to contribute to society as part of their social responsibility, yet red flags should be raised when it comes to the data and sharing information between positive areas, negative areas, clean areas, etc. and how is this personal data being stored and utilized especially by Huawei company. The reported donation of technological services in artificial intelligence (AI), videoconferencing and smartphones in Myanmar, raises a big question especially in the case of a Chinese company embroiled in data controversy with major developed countries - how is data privacy ensured? Why and how is Huawei able to access Myanmar citizens data?
Questions do arise towards the government and the ministry’s responsibility for protecting citizens health data - Is Myanmar citizens data open and available for any private company or country to access it via any backdoor application or smartphone settings? Why has the Myanmar government not yet enacted specific laws or regulations related to data protection in Myanmar, especially when foreign companies have direct and easy access to Myanmar citizens private data, including on health? When is the legal action going to be taken to protect citizens' private health data?
It is disappointing to see that in its eagerness to seek help and support from China, the NLD-led government bypassed the Constitution and the Law Protecting the Privacy and Security of Citizens (Union Parliament Law 5/2017) 8 March 2017 (i.e. the Privacy Law), both have set out provisions for the protection of privacy and security of communications, including disclosure of confidential information. Section 357 of the Constitution states that 'The Union shall protect the privacy and security of home, property, correspondence and other communications of citizens under the law subject to the provisions of this Constitution.'
The Law Relating to Private Health Care Services (The State Peace and Development Council Law No. 5/2007) 5 April , 2007 (i.e. the Private Health Care Services) Article 2 states that "(a) Health care services mean any service with respect to knowledge, technology and expertise relating to health care, including promotion of knowledge and behaviour on health, prevention of disease, diagnosis of disease, treatment of disease, rehabilitation of health and research; (b) Health care means the activities with respect to knowledge, technology and expertise relating to health, including promotion of physical, mental and social well-being, prevention of disease, diagnosis of disease, treatment of disease, rehabilitation of health and research; (c) Private health care services mean any health care services contained in section 7 carried out by any private organization or individual with the intention to or not to obtain profit". Furthermore Article 25 (l) states that "Keeping confidential of the patient’s personal health matters except on official request of the relevant government department and organization" is of prime importance.
In October 2019, VOA had reported (Myanmar to Keep Huawei Despite Security Concerns) that Myanmar would keep using the Chinese technology company to develop its new mobile communications system despite national security concerns. Around May 2019, the US government had added Huawei Technologies to a list of companies suspected of being involved in activities that could conflict with national security. VOA further reported that some professionals in Myanmar were very concerned about China's heavy involvement in the country's development efforts in special economic zones, hydropower dams, energy pipelines, and other infrastructure projects. One even voiced concern that, "whenever they [developing countries] receive technological help from other countries, they are expected to provide important information in return."
In October 2020, Bertil Lintner (China spies and gamblers want your Covid app data) wrote that the "new normal" was creating opportunities for China. His article pointed out that Beijing was now seeking to leverage the pandemic in less public and potentially more nefarious ways to expand its power and influence in the strategic region. China was tapping and leveraging (and expanding) health surveillance in regional countries via a mix of health surveillance, commercial opportunism and geostrategic competition which was fast-shaping Southeast Asia's new Cold War.
An even alarming concern Bertil has flagged is that Chinese security agencies are engaging Myanmar local journalists and civil society workers openly via their own journalists and academics from Yunnan province of China, seemingly demanding information that goes beyond the defined scope of journalistic or academic norms or activities.
During the 2019 Mobile World Congress in Barcelona, U Soe Thein from the Communications and Information Technology Ministry told the gathering that Myanmar will be ready to deploy 5G technology in 2-3 years as it has potential to be 20 times faster than 4G, and it will facilitate the growth of fixed wireless access, artificial intelligence, virtual reality and other technology needed for business development and growth.
It is time for the Ministry of Sports and Health to take serious action in protecting health data of the people of Myanmar. It is time for the Ministry to engage in public discussion and inputs on citizens data and public health data, engage CSOs working on data privacy and protection, engage telecom and mobile companies operating in and out of Myanmar to clearly identify their data storage and data protection measures not just to the ministry but also to the public, including making their workings known to trusted public figures who can vouch for the systems being put into place.
Without enacting and implementing strong transparent and accountable data protection laws which ensure Myanmar user’s private information is not accessed by anyone, including China or any other country, Myanmar government may be handing over the control of Myanmar citizens' digital lives in the hands of external elements and putting them at unknown and innumerable risks!
John Htoo Myint is pseudonym for a writer specializing in South-east Asia
