Can the rakyat shape Malaysia's digital privacy rules?

The Star

4 days ago

PETALING JAYA: Isn't it better to help shape the rules protecting your data than to learn about them only after they're decided behind closed doors?
To this, Malaysian Integrity and Governance Society president Datuk Seri Dr Akhbar Abdul Satar said: 'Transparent rules help maintain public confidence and trust that their data will only be used lawfully and not arbitrarily.'
Akhbar said a transparent process makes regulatory changes open to scrutiny and public input, preventing opaque or unilateral policy-making. Including input from service providers, industry players, civil society, and the public leads to more robust and widely accepted policies.
He added open consultation fosters trust between the government and the people—trust that is essential when dealing with data rights and digital freedoms. Most importantly, inclusive participation helps identify blind spots, resulting in smarter, more practical solutions for all.
'Whatever law or framework is introduced, human governance is important. Without having good integrity of handlers, it will not be effective,' he told The Star when contacted about the Malaysian Communications and Multimedia Commission's (MCMC) announcement on its newly launched open consultation for its Proposed Regulatory Framework.
The framework aims to support law enforcement in tackling online threats like fraud, impersonation, and cyberbullying, while also ensuring data privacy through clear legal and operational safeguards.
Noting that Malaysia currently lacks a mandatory statutory retention period for electronic data—resulting in variability and uncertainty—Akhbar emphasised the crucial need for a clear legal framework.
He said this would enhance the management of communication data retention and disclosure, which are essential to protect citizens' rights by establishing clear boundaries on data access and use, balancing privacy with investigative needs.
'Well-defined regulations establish boundaries for access and use of data, providing safeguards for both citizens' privacy and the integrity of investigations.
'Without clear laws, service providers and law enforcement agencies may implement data practices inconsistently, undermining criminal investigations and legal proceedings.
'Laws clarify what constitutes admissible electronic evidence, ensuring electronic records collected are permissible in Malaysian courts,' he said.
Akhbar, former president of Transparency International Malaysia and founder of the Malaysian chapter of the Association of Certified Fraud Examiners, emphasised that a robust framework will strengthen enforcement agencies' ability to respond to online crimes in several ways including streamlined data access, enhanced collaboration, improved victim protection, and compliance monitoring.
'Clear guidelines ensure that authorities like the police and MCMC know how to lawfully request and obtain data needed for complex cybercrime investigations, such as online fraud and cyberbullying.
'Established procedures foster stronger collaboration among agencies such as the Royal Malaysia Police, attorney general's chambers, and MCMC, as well as with digital platforms, which is vital for quickly tackling online threats.'
Pointing out that well-defined reporting and evidence standards aid in securing justice for victims of cyberbullying and scams, Akhbar added a transparent framework helps monitor compliance levels among service providers and identify areas for improvement in law enforcement support.
Akhbar opined that striking the right balance between national security and individual privacy requires a careful, principles-based approach.
He said data collection for security purposes must be proportionate and strictly necessary, as overreach only erodes public trust, and added that requests for personal data should be subject to judicial oversight or independent review to prevent misuse.
Stressing that service providers must operate with clear accountability and robust compliance measures, Akhbar said transparent practices, along with legal protections like the Personal Data Protection Act, are key to ensuring that security measures respect individual rights.
On the framework's implementation success, Akhbar said it hinges on resolving key structural and operational challenges.
'Many stakeholders still lack the training and awareness needed to meet new data requirements effectively. Inconsistent legal interpretations, uneven technical capabilities, and weak safeguards heighten the risk of data misuse, particularly when handling cross-border requests.'
Stressing the need for a clear, coordinated response, he recommended that comprehensive, regularly updated guidelines must be backed by targeted training.
'Agencies should prioritise secure, interoperable systems, with independent oversight to ensure accountability and uphold data protection standards.'
Akhbar urged the public to actively participate in MCMC's public consultations, highlighting the importance of voicing their views on draft codes related to data retention, social media, and messaging platforms.
'These consultations are periodically announced and open to all—including individuals, industry players, and advocacy groups—who are encouraged to submit feedback through official channels such as email or online forms.'
He emphasised that details on submission methods and deadlines are regularly published on MCMC's website and in official press releases, making it easy for the public to stay informed and involved.