Swedish NGO files lawsuit against Telenor over rights infringements in Myanmar

 A Swedish non-profit organisation has initiated a class action lawsuit against Telenor ASA - a part-owner of Malaysia’s CelcomDigi Bhd - over alleged human rights violations linked to the Norwegian telecommunications giant’s former operations in Myanmar.

The lawsuit, filed by the Justice and Accountability Initiative (JAI) before the Asker and Bærum District Court in Norway today, seeks damages on behalf of Myanmar customers whose data was allegedly shared with the country’s military authorities.

JAI was represented by Norwegian law firm Simonsen Vogt Wiig, with the Centre for Research on Multinational Corporations (Somo) and the Open Society Justice Initiative (OSJI) supporting the legal bid.

In October last year, Malaysiakini reported that Telenor was served a notice of legal action, with the claimants accusing the firm of unlawfully sharing the personal data of Myanmar civilians with the military after the 2021 coup saw the fall of a democratically elected government.

Activist: Data sharing led to arrest, torture

The alleged disclosures - including names, addresses, national identification numbers, last known locations, and call logs - were said to have led to “arbitrary arrests, torture, and at least one execution” by the military junta.

One of the co-claimants in the case, a long-time Myanmar human rights activist, told Malaysiakini that Telenor’s actions directly endangered civilians and exposed activists to arrest and torture.

Thousands protested in Yangon against the junta during the coup in 2021

In an immediate response to Malaysiakini’s queries on the matter at the time, Telenor described the legal notice as a “PR stunt in a tragic case”, highlighting that multiple investigations by Norwegian police and courts have not led to “any results”.

A company spokesperson also asserted that telecommunication operators’ failure to comply with lawful government requests for access to certain data could have put its employees “in direct danger and carried serious consequences”.

It maintained that any potential misuse of user data was beyond its control and the responsibility of the Myanmar military alone.

Seeking damages

JAI’s lawsuit argues that Telenor is liable for €9,000 (RM42,000) in damages per customer whose data was allegedly shared as the company did not prevent the disclosure, or knowingly and unlawfully authorised such access by its subsidiary Telenor Myanmar Ltd.

The legal action further accused Telenor’s headquarters of failing to take sufficient measures to prevent the misuse of its customers’ data.

Two individuals represented in the case are also claiming damages for financial losses, with the claimants said to have experienced severe human rights violations after their data was handed over to the military.

The lawsuit contends that Telenor Myanmar had complied with the military’s request for their data despite internal assessments showing that such a move could infringe on internationally recognised human rights to safety, security, and freedom of expression.

One of the claimants, who was executed by hanging in January 2022 after his arrest by the military in Yangon two months prior, is being represented by his widow.

In a statement made available to Malaysiakini following the lawsuit’s filing, lawyer Jan Magne Langseth, representing the plaintiffs, insisted that Telenor’s headquarters had “clearly contributed” to the practice of handing over user data, despite the inherent risks for its customers in Myanmar.

OSJI legal counsel Beini Ye noted that if the court confirms that the case can be tried as a class action, it would mark the first time a telecommunications company is being held to account for not sufficiently protecting user data from access by an authoritarian regime.

“The importance of such a precedent for other companies operating in high-risk countries cannot be overstated,” she added.

Expressing similar sentiments, Somo advocacy director Joseph Wilde-Ramsing stressed that the case should serve as a warning not only about corporate control over users’ data in general, but to Telenor specifically, which he said “continues to operate in countries with a heightened risk of data misuse.”

“Stronger privacy laws that give individuals control, stricter limits on data retention, meaningful transparency obligations, responsible exit plans, and enforceable protections that prevent companies from gathering sensitive data in the first place are all examples of what we need,” he added.

The Norwegian state remains Telenor’s majority shareholder, and the company - via Telenor Malaysia Investments Pte Ltd - holds a 33.1 percent stake in Malaysia’s CelcomDigi, formed through the 2022 merger of Celcom Axiata and Digi Telecommunications.

Axiata Group also owns 33.1 percent of shares in CelcomDigi, one of Malaysia’s largest mobile network operators.

Responding to Malaysiakini’s request for comments today, a spokesperson for Telenor reiterated that the company had complied with the Myanmar military as it had not been willing to “play Russian roulette” with the lives of its employees.

The company also stood by its stance that the military authorities themselves are answerable for how they treat their own population, adding: “Neither Telenor nor any other civilian organisation has that responsibility.”

Commenting on the lawsuit, the spokesperson assured that Telenor will review its contents and allow the case to take its course in court.

“Based on what we have heard through the media, there is nothing in this potential lawsuit that has not already been addressed, and in our view it is unlikely that such a claim will succeed,” they added. - Mkini