Telenor faces legal action over human rights abuses in Myanmar

Today, Defend Myanmar Democracy and Myanmar Internet Project, together with Tha Zin – whose husband Zay Yar Thaw, a hip hop artist turned lawmaker, democracy activist, and opposition leader, was arrested and executed after Telenor shared his call log – have, through Norwegian law firm Simonsen Vogt Wiig, sent a pre-action letter to Telenor ASA, a Norwegian telecommunications multinational majority-owned by the state. The letter formally notifies Telenor that the claimants intend to file a lawsuit in Norway over the company’s reported disclosure of sensitive customer data to Myanmar’s military junta, data that was used to track, detain, torture, and kill activists and other civilians.

SOMO and the Open Society Justice Initiative (OSJI) are supporting this action.

The allegations

Telenor Myanmar, a wholly owned subsidiary of Telenor South East Asia Investment, which in turn is controlled by Telenor ASA, operated in Myanmar between 2014 and until its sale in 2022.

The claimants seek damages for the harm suffered from abuses inflicted by the Myanmar military in the wake of the February 2021 coup. Substantial evidence shows how Telenor’s systematic disclosure of sensitive mobile phone data of its customers in Myanmar enabled the military to persecute victims and suppress opposition to the coup. Several people were arbitrarily detained, tortured in custody, and at least one person was executed. 

“I’m terribly disturbed and shocked by the fact that Telenor gave away my husband’s teledata to the junta just a few weeks before he was arrested and executed. That’s why I am bringing this lawsuit”. Tha Zin, co-claimant.

“I feel betrayed by Telenor. By the company that has the Norwegian state as its main owner. A company that we thought had high integrity and high human rights standards. This is not just about me. But about 18 million customers. We were in danger, in struggle, in a very difficult position. But Telenor did not protect us. On the contrary. Our data was used as a weapon against us.” Ko Ye, co-claimant.

The claimants argue that until its exit from Myanmar in March 2022, Telenor knowingly continued to share information, including names, addresses, national ID numbers, call logs, and last known locations, despite being aware of the risk of harming people. At that time, Telenor had around 18 million users, many of whom signed up with Telenor because they trusted the company to protect their sensitive data.

“Sensitive user data was handed over by Telenor to the military junta in Myanmar after the coup. This includes call logs and location data that could be used to track down the junta’s political opponents and their family members. And when Telenor exited, they did so irresponsibly, selling control of vast amounts of sensitive data to a company that was reported to have strong links to the military.” Joseph Wilde-Ramsing, Director of Advocacy at SOMO

Knowledge and responsibility

Telenor’s management and board were likely fully informed about Telenor’s actions. The pre-action letter states that despite knowing about the junta’s violent crackdown, evidence demonstrates how Telenor authorised the disclosure of data after assessing – and accepting – the risk to harm people.  

These decisions facilitated human rights abuses, leading to extra-judicial killings, torture and arbitrary detention of opposition members and human rights defenders.

“Telenor’s leadership approved the release of data to the junta, and we have evidence that the decision went all the way to the top. The company must be held accountable for its failures. Telenor should never have handed over this information, and it should have deleted all sensitive data before selling its operations and exiting Myanmar.” Jan Magne Langseth, Lawyer at Simonsen Vogt Wiig, law firm representing the claimants.

Legacy of Telenor

In 2022, Telenor eventually approved and executed the sale of its Myanmar business despite warnings by civil society organisations and international legal action(opens in new window) against this transfer. With this transaction, all customer data fell into the hands of Shwe Byain Phyu – a military-linked company that partnered with Lebanese M1 Group to acquire Telenor’s assets – and which now holds the majority stake in the company, since renamed ATOM Myanmar. This arrangement has effectively granted the military unfettered access to sensitive user data. The sale also included surveillance technology already installed and tested by Telenor.

Legal procedure

Under Norwegian law, Telenor can be held liable for damages caused by the negligent or intentional acts of its employees. The claimants intend to prove a direct causal link between Telenor’s disclosure of personal data to the junta and the economic losses they suffered. The pre-action letter is the first mandatory step to initiate legal proceedings in Norway. Telenor is given two weeks to respond to the claim. 

This case highlights the urgent need for corporate responsibility and state oversight when business operations put human lives at risk, especially where companies operate in conflict-affected countries like Myanmar. 

In many countries where authoritarian tendencies are on the rise, states are increasingly requesting data from telecoms companies to surveil and crack down on critical voices. All too often, companies choose to hand over their customers’ records without the necessary considerations for people’s safety and rights. We hope this case will help set standards that such companies should respect, in particular when they are operating in conflict-affected countries or are doing business with oppressive regimes. Beini Ye, Senior Legal Counsel at OSJI.

To learn more about Telenor’s actions in Myanmar, see our case page.