Electronic surveillance and privacy concern in Malaysia: a quest for consensus
The newly adopted Security Offences (Special Measures) Act 2012 (“SOSMA”) and the amended Prevention of Crime(Amendment and Extension) Act 2014 (”PCA”) have raised new controversies relating to constitutional and privacy issues in Malaysia by allowing the police to impose electronic monitoring as we...
| Main Authors: | , |
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| Format: | Proceeding Paper |
| Language: | English English |
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2014
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| Online Access: | http://irep.iium.edu.my/41349/ http://irep.iium.edu.my/41349/1/ELECTRONIC_SURVEILLANCE_AND_PRIVACY_IN_MALAYSIA.pdf http://irep.iium.edu.my/41349/6/ICLAS_III.pdf |
| _version_ | 1848782105006309376 |
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| author | Zulhuda, Sonny Khan, Md. Zubair Kasem |
| author_facet | Zulhuda, Sonny Khan, Md. Zubair Kasem |
| author_sort | Zulhuda, Sonny |
| building | IIUM Repository |
| collection | Online Access |
| description | The newly adopted Security Offences (Special Measures) Act 2012 (“SOSMA”) and the amended Prevention of Crime(Amendment and Extension) Act 2014 (”PCA”) have raised new controversies relating to constitutional and privacy issues in Malaysia by allowing the police to impose electronic monitoring as well as other types of technologically-aided surveillance over the suspected or arrested criminals. This processing of personal data by the security officers through surveillance intersects with a very basic notion of individuals’ data privacy and freedom of liberty which were protected by the Malaysian Federal Constitution to some extent. With latest legislative and judicial supports thrown on the right to data privacy of individuals, questions now emerge on whether this support to privacy right will be short-lived by the newly-passed security laws such as SOSMA and PCA which legally introduce the power of electronic surveillance in Malaysia? This paper seeks to initially explore this intersection and to outline the road-map for better legal development in Malaysia.This paper is part of the study conducted by the authors under the Fundamental Research Grant Scheme (FRGS) commissioned by the Ministry of Education, Malaysia. |
| first_indexed | 2025-11-14T16:00:10Z |
| format | Proceeding Paper |
| id | iium-41349 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English English |
| last_indexed | 2025-11-14T16:00:10Z |
| publishDate | 2014 |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-413492015-08-26T06:45:13Z http://irep.iium.edu.my/41349/ Electronic surveillance and privacy concern in Malaysia: a quest for consensus Zulhuda, Sonny Khan, Md. Zubair Kasem K Law (General) KBP2101 Constitution of the state. Constitutional law KBP3000 Police and public safety The newly adopted Security Offences (Special Measures) Act 2012 (“SOSMA”) and the amended Prevention of Crime(Amendment and Extension) Act 2014 (”PCA”) have raised new controversies relating to constitutional and privacy issues in Malaysia by allowing the police to impose electronic monitoring as well as other types of technologically-aided surveillance over the suspected or arrested criminals. This processing of personal data by the security officers through surveillance intersects with a very basic notion of individuals’ data privacy and freedom of liberty which were protected by the Malaysian Federal Constitution to some extent. With latest legislative and judicial supports thrown on the right to data privacy of individuals, questions now emerge on whether this support to privacy right will be short-lived by the newly-passed security laws such as SOSMA and PCA which legally introduce the power of electronic surveillance in Malaysia? This paper seeks to initially explore this intersection and to outline the road-map for better legal development in Malaysia.This paper is part of the study conducted by the authors under the Fundamental Research Grant Scheme (FRGS) commissioned by the Ministry of Education, Malaysia. 2014 Proceeding Paper NonPeerReviewed application/pdf en http://irep.iium.edu.my/41349/1/ELECTRONIC_SURVEILLANCE_AND_PRIVACY_IN_MALAYSIA.pdf application/pdf en http://irep.iium.edu.my/41349/6/ICLAS_III.pdf Zulhuda, Sonny and Khan, Md. Zubair Kasem (2014) Electronic surveillance and privacy concern in Malaysia: a quest for consensus. In: International Conference on Law and Society III (ICLAS III), 9th - 11th June 2014, Istanbul University, Turkey. (Unpublished) http://www2.iium.edu.my/sites/default/files/CONFERENCE%20PROGRAMME.pdf |
| spellingShingle | K Law (General) KBP2101 Constitution of the state. Constitutional law KBP3000 Police and public safety Zulhuda, Sonny Khan, Md. Zubair Kasem Electronic surveillance and privacy concern in Malaysia: a quest for consensus |
| title | Electronic surveillance and privacy concern in Malaysia: a quest for consensus |
| title_full | Electronic surveillance and privacy concern in Malaysia: a quest for consensus |
| title_fullStr | Electronic surveillance and privacy concern in Malaysia: a quest for consensus |
| title_full_unstemmed | Electronic surveillance and privacy concern in Malaysia: a quest for consensus |
| title_short | Electronic surveillance and privacy concern in Malaysia: a quest for consensus |
| title_sort | electronic surveillance and privacy concern in malaysia: a quest for consensus |
| topic | K Law (General) KBP2101 Constitution of the state. Constitutional law KBP3000 Police and public safety |
| url | http://irep.iium.edu.my/41349/ http://irep.iium.edu.my/41349/ http://irep.iium.edu.my/41349/1/ELECTRONIC_SURVEILLANCE_AND_PRIVACY_IN_MALAYSIA.pdf http://irep.iium.edu.my/41349/6/ICLAS_III.pdf |