Electronic surveillance and privacy concern in Malaysia: a quest for consensus

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 (Unpublished)

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Abstract

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.

Item Type:	Conference or Workshop Item (Full Paper)
Additional Information:	6473/41349
Uncontrolled Keywords:	Electronic Surveillance, Right to Privacy, Security, Law Enforcement
Subjects:	K Law > K Law (General) K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. > KBP2101 Constitution of the state. Constitutional law K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP490 Furūʻ al-fiqh. Substantive law. Branches of law. > KBP3000 Police and public safety
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Dr Sonny Zulhuda
Date Deposited:	26 Aug 2015 14:45
Last Modified:	26 Aug 2015 14:45
URI:	http://irep.iium.edu.my/id/eprint/41349

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