A comparative study on law governing invasion of privacy / Ahmad Faiz Razali... [ et al. ]

This paper looks into the protection towards privacy in Malaysia, specifically physical and territorial privacy. The scope of our research extends to all area of protection that could be attributable to privacy, which include Constitutional Law by virtue of Article 5 and Penal Code through Section 5...

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Main Authors: Razali, Ahmad Faiz, Faiz, Farhan Zafry, Johari, Joaina, Shaped, Khairul Ikhwan
Format: Student Project
Language:English
Published: Faculty of Law 2013
Subjects:
Online Access:https://ir.uitm.edu.my/id/eprint/27880/
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author Razali, Ahmad Faiz
Faiz, Farhan Zafry
Johari, Joaina
Shaped, Khairul Ikhwan
author_facet Razali, Ahmad Faiz
Faiz, Farhan Zafry
Johari, Joaina
Shaped, Khairul Ikhwan
author_sort Razali, Ahmad Faiz
building UiTM Institutional Repository
collection Online Access
description This paper looks into the protection towards privacy in Malaysia, specifically physical and territorial privacy. The scope of our research extends to all area of protection that could be attributable to privacy, which include Constitutional Law by virtue of Article 5 and Penal Code through Section 509. The inadequacies of protection granted by the said provisions are illustrated by way of case laws. Despite there is an implied recognition of the right to privacy, there is an inconsistency between judgment and the imposition of punishment. Further, in most cases, the punishment proves to be disproportionate to the humiliation suffered by the aggrieved party. In order for us to search for the best solution, extensive discussion and comparisons with the protection of other countries are provided in Chapter 3, which include countries like Singapore, Brazil, South Africa and England. This paper also discusses the relevance of the 2010 Personal Data Protection Act which has been purported to protect informational privacy, so as to determine whether it also applies to other forms of privacy. The final chapter provides a discussion on the most viable are of law to protect privacy, taking into account both civil and criminal protection. In light of the discussion, after balancing the pros and cons of both areas, we are able to say with certainty why criminalizing invasion of privacy is the best option. Apart from that, we simulate 2 provisions that should be incorporated into the Penal Code to solve the inadequacy.
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publishDate 2013
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spelling uitm-278802020-01-30T03:45:39Z https://ir.uitm.edu.my/id/eprint/27880/ A comparative study on law governing invasion of privacy / Ahmad Faiz Razali... [ et al. ] Razali, Ahmad Faiz Faiz, Farhan Zafry Johari, Joaina Shaped, Khairul Ikhwan K Law in general. Comparative and uniform law. Jurisprudence KP Asia and Eurasia, Africa, Pacific Area, and Antarctica. Asia. (South Asia. Southeast Asia. East Asia) This paper looks into the protection towards privacy in Malaysia, specifically physical and territorial privacy. The scope of our research extends to all area of protection that could be attributable to privacy, which include Constitutional Law by virtue of Article 5 and Penal Code through Section 509. The inadequacies of protection granted by the said provisions are illustrated by way of case laws. Despite there is an implied recognition of the right to privacy, there is an inconsistency between judgment and the imposition of punishment. Further, in most cases, the punishment proves to be disproportionate to the humiliation suffered by the aggrieved party. In order for us to search for the best solution, extensive discussion and comparisons with the protection of other countries are provided in Chapter 3, which include countries like Singapore, Brazil, South Africa and England. This paper also discusses the relevance of the 2010 Personal Data Protection Act which has been purported to protect informational privacy, so as to determine whether it also applies to other forms of privacy. The final chapter provides a discussion on the most viable are of law to protect privacy, taking into account both civil and criminal protection. In light of the discussion, after balancing the pros and cons of both areas, we are able to say with certainty why criminalizing invasion of privacy is the best option. Apart from that, we simulate 2 provisions that should be incorporated into the Penal Code to solve the inadequacy. Faculty of Law 2013 Student Project NonPeerReviewed text en https://ir.uitm.edu.my/id/eprint/27880/1/27880.pdf Razali, Ahmad Faiz and Faiz, Farhan Zafry and Johari, Joaina and Shaped, Khairul Ikhwan (2013) A comparative study on law governing invasion of privacy / Ahmad Faiz Razali... [ et al. ]. (2013) [Student Project] (Unpublished)
spellingShingle K Law in general. Comparative and uniform law. Jurisprudence
KP Asia and Eurasia, Africa, Pacific Area, and Antarctica. Asia. (South Asia. Southeast Asia. East Asia)
Razali, Ahmad Faiz
Faiz, Farhan Zafry
Johari, Joaina
Shaped, Khairul Ikhwan
A comparative study on law governing invasion of privacy / Ahmad Faiz Razali... [ et al. ]
title A comparative study on law governing invasion of privacy / Ahmad Faiz Razali... [ et al. ]
title_full A comparative study on law governing invasion of privacy / Ahmad Faiz Razali... [ et al. ]
title_fullStr A comparative study on law governing invasion of privacy / Ahmad Faiz Razali... [ et al. ]
title_full_unstemmed A comparative study on law governing invasion of privacy / Ahmad Faiz Razali... [ et al. ]
title_short A comparative study on law governing invasion of privacy / Ahmad Faiz Razali... [ et al. ]
title_sort comparative study on law governing invasion of privacy / ahmad faiz razali... [ et al. ]
topic K Law in general. Comparative and uniform law. Jurisprudence
KP Asia and Eurasia, Africa, Pacific Area, and Antarctica. Asia. (South Asia. Southeast Asia. East Asia)
url https://ir.uitm.edu.my/id/eprint/27880/