Norway Investigates Telenor Over Alleged Data Sharing With Myanmar Junta

Norwegian police have launched an investigation into Norwegian telecommunications company Telenor over allegations that it shared telecommunications customer data with Myanmar’s military government following the country’s military coup.

The investigation is examining allegations that the company may have aided crimes against humanity and violated sanctions.

On Tuesday, Norway’s National Criminal Investigation Service and the country’s security agency, PST, said that a search had been conducted at Telenor’s headquarters in Oslo as part of the investigation. The probe is primarily focused on Telenor’s former operations in Myanmar.

Norwegian police allege that, while Telenor was operating in Myanmar after the 2021 military coup, its local unit handed over customers’ historical telecommunications data to the military government on several occasions.

According to the authorities, Myanmar’s military was carrying out widespread repression against civilians during the same period. One of the key questions in the investigation is whether the transfer of customer data could amount to aiding crimes against humanity in that context.

The Norwegian investigation is particularly examining the period from February 1, 2021, when the military coup took place, until March 2022, when Telenor sold its Myanmar business and fully withdrew from the country.

Telenor, however, says the safety of its employees was a major concern when it came to complying with orders from Myanmar’s military authorities.

The company said it is cooperating closely with Norwegian investigators and will provide all necessary assistance to clarify the matter.

According to Telenor, refusing to comply with military orders could have exposed its employees in Myanmar to imprisonment, torture and even the death penalty. The company says it made difficult decisions at the time with the safety and lives of its employees in mind.

Telenor also said that, as of the time of reporting, no individual had been charged or formally made the subject of the investigation.

Controversy surrounding Telenor’s operations in Myanmar is not new. Earlier this year, a Swedish nonprofit organization filed a class-action lawsuit against the company.

The lawsuit alleges that Telenor Myanmar provided call records and location data of potential political opponents of the military junta. It also claims that the information contributed to the execution of at least one known political activist. However, these allegations remain under investigation and have not been conclusively established in court.

Another important aspect of the investigation concerns the transfer of surveillance equipment when Telenor withdrew from Myanmar.

According to Norwegian police, when Telenor sold its Myanmar business, it transferred certain “sanctioned surveillance equipment” for which approval from Norway’s Ministry of Foreign Affairs was required.

Investigators are examining whether the necessary authorization was obtained and whether the transaction violated Norwegian sanctions laws.

Telenor had already stated in 2021 that Myanmar authorities were pressuring the company to activate surveillance equipment on the telecommunications network. The company said at the time that activating such equipment could potentially conflict with Norwegian and European sanctions.

Following the 2021 military coup, Telenor’s operations in Myanmar became increasingly difficult. The company subsequently decided to sell its business in the country and fully withdrew in March 2022.

According to Telenor, continued operations in Myanmar had become extremely challenging because of pressure from the military, concerns over employee safety and demands related to surveillance.

The company later conducted an internal assessment of its experience operating in Myanmar. Telenor said it had drawn several lessons from the experience, particularly regarding human rights, employee safety and compliance with international law when withdrawing from a market.

Justice For Myanmar, an organization opposed to Myanmar’s military government, has welcomed the Norwegian investigation into Telenor.

Yadanar Maung, a spokesperson for the organization, said they viewed the investigation into Telenor’s activities in Myanmar as a positive step. The organization has worked with the Norway branch of the International Commission of Jurists and submitted documents related to the allegations to Norwegian investigators.

Justice For Myanmar claims that its submissions provide details about the transfer of surveillance technology to an entity connected to the military, as well as the sharing of sensitive information with the military junta.

The organization said the investigation could create an opportunity to establish accountability for alleged harm caused to the people of Myanmar.

The Norwegian investigation into Telenor’s operations in Myanmar has once again highlighted the complex relationship between international businesses, human rights and multinational companies operating under authoritarian governments.

On one hand, Telenor maintains that refusing orders from the military government could have placed its employees’ lives at serious risk. On the other hand, investigators are examining whether the transfer of customer data and surveillance equipment under those circumstances amounted to assistance in crimes against humanity or violated sanctions laws.

The legal consequences for Telenor will depend on the outcome of the investigation. For now, Norwegian authorities are continuing their probe, while Telenor says it will fully cooperate with the investigation.