The Law for Protection of Personal Privacy and Personal Security of Citizens

(The Pyidaungsu Hluttaw Law No. 5, 2017)

The Waxing of Tabaung, 1378 M.E.

(8 March 2017)

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The Pyidaungsu Hluttaw hereby enacts this Law in order to protect personal Privacy and personal security

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of citizens as set forth in the Constitution of the Republic of the Union of Myanmar.

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Chapter I
Title and Definition

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1. This Law shall be called the Law for Protection of Personal Privacy and Personal Security
of Citizens.

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2. The following expressions in this Law shall have the meanings given hereunder:

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(a) Constitution means the Constitution of the Republic of the Union of Myanmar;
(b) Citizen means a person who is a citizen under the Constitution or under any existing
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laws;
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(c) Personal Privacy means the right to freedom of movement, freedom of residence and
freedom of speech of a citizen in accordance with law;
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(d) Personal Security means the security of personal affairs of a citizen. In this expression,
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the security of residence, or compound and building in the compound, property,

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correspondence and other communication of a citizen are included;

(e) Ministry Concerned means the Ministry of Home Affairs;
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(f) Person in charge means persons who have responsibility of government departments,
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government organizations concerned and administration.

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Chapter II
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Protection of Personal Privacy and Personal Security of Citizens

3. Every citizen has the right to enjoy fully personal privacy and personal security of citizens
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as set forth in the Constitution.

4. The ministry concerned and person in charge shall protect not to deprive of personal
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privacy and personal security of citizens.

Chapter III
Duties of Relevant Ministry and Persons in Charge
5. The ministry concerned and person in charge shall:
 (a) protect any person not to deprive of personal privacy or personal security other than it
is in accordance with existing laws;
(b) if they desire to enter a residence and a room used as a residence, a building or
compound and buildings in a compound of a person to search and seize something, or
to search and arrest any person therein under any existing laws, carry out it with at

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least two witnesses including any person who is an administrator, village headmen,

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hundred-household head or ten-household head of the respective ward or village-tract.

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6. The ministry concerned and person in charge shall take action in accordance with law if
they receive a complaint under this law. If it appears that the complaint does not relate

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to their activities to be taken action by their department, they shall reply to the
complainant within 30 days with suggestion for which department or organization the

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complaint should be sent to.

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Chapter IV
Prohibitions
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7. No one shall be detained in custody without permission of court for more than 24 hours
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except a case permitted under any existing laws.

8. No one, without any permit, permission or warrant in accordance with existing laws or
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without any permission of the President or the Union Government, shall:

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(a) enter a residence, a room used as a residence, a building or compound and a building
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within a compound of a citizen to search and seize something or arrest any person
therein;
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(b) keep surveillance on, spy on and investigate about citizens which may invade personal
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privacy and threat personal security or affect human dignity;

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(c) intercept the communication of people by any telecommunications devices or disturb

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in any way;
(d) demand and pass any personal information on telephone and electronic
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communications data from telecommunication operators;

(e) open, search, seize, destroy or damage any correspondence, envelope, package or
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parcel which are delivered for other’s private purpose.

(f) forcibly interfere in personal and family matters of a citizen or act in any way to slander
or affect dignity and reputation of a person;
 (g) forcibly seize the lawfully-owned moveable property or immoveable property of a
citizen or intentionally destroy or damage it either directly or indirectly.
9. Any police officer-in-charge shall take action in accordance with section 154 of the Code
of Criminal Procedure if any complaint or any information to be actionable under this
Law has been received.

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Chapter V

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Penalties

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10. Whoever violates any prohibition in section 7 or section 8 shall, on conviction, be
punished with imprisonment for a term which may extend from a minimum of six months

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to a maximum of three years and also with a fine from a minimum of three hundred
thousand kyats to a maximum of one million and five hundred thousand kyats.

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11. Whoever fails to perform the duty in section 9 without any reason shall, on conviction,

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be punished with imprisonment for a term which may extend from a minimum of one
year to a maximum of five years and also with a fine which may extend from a minimum
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of five hundred thousand kyats to a maximum of two million and five hundred thousand
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kyats.
12. Whoever attempts, assigns, instructs to commit any offence in this Law, conspires and
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abets in the commission of any offence shall be liable to the punishment as provided in
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this Law for such offence.

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Chapter VI
Miscellaneous
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13. Notwithstanding anything contained in any existing laws, it shall be taken action only
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under this Law in so far as they are applicable to the provisions of this Law.
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I hereby sign under the Constitution of the Republic of the Union of Myanmar.
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(Sd) Htin Kyaw

President
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Republic of the Union of Myanmar

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