A Study on the Laws Governing Facial Recognition Technology and Data Privacy in Malaysia

Bryan Francis,Mohammad Asyraf Bin Mohd Tasrib,Mohd Bahrin Bin Othman,Muhammad Ashraf Bin Mohd Nor,Nurul Izzah Binti Hesham

doi:10.47405/mjssh.v6i10.1086

Bryan Francis, Mohammad Asyraf Bin Mohd Tasrib + Show 3 more

Open Access

https://doi.org/10.47405/mjssh.v6i10.1086

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Abstract

The advancement of technology in the past decade has led humans to achieve many great things. Among that is facial recognition technology that uses a combination of two techniques which is face detection and recognition that is capable of converting facial images of a person into readable data and connecting it with other data sets which enable it to identify, track or compare it. This study delves into the usage of facial recognition technology in Malaysia where its regulation is almost non-existent. As its usage increases, the invasive features of this technology to collect and connect its data posed a threat to the data privacy of Malaysian citizens. Due to this issue, other countries' laws and policies regarding this technology are examined and compared with Malaysia. This enables the loopholes of the current law and policies to be identified and restructured, which create a clear path on the proper regulations and changes that need to be made. Thus, this study aims to analyse the limitation of law governing data privacy and its concept in Malaysia along with changes that need to be made. This study’s finding shows the shortcoming of Malaysia’s law in governing data privacy especially when it involves complex technology that has great data collection capability like facial recognition.

Highlights

Facial Recognition Technology (FRT) has been acknowledged as a mechanism for better surveillance and crime deterrence purposes (Morris, 2019)
This study finds that the principle of privacy or data privacy is almost non-existent under FRT in Malaysia
It can be concluded that data privacy under FRT in Malaysia is yet to be fully acknowledged by the judiciary

Summary

Introduction

Facial Recognition Technology (FRT) has been acknowledged as a mechanism for better surveillance and crime deterrence purposes (Morris, 2019). The existing law in Malaysia is incomprehensive in regulating the biometric-based surveillance technology to avoid violation of data privacy and the right to life. In the case of Sivarasa Rasiah v Badan Peguam Malaysia (2010), our legal system has formally recognised the right to privacy as part of the constitutional right. In this case, the right to privacy has been confirmed as one of the rights to personal liberty as stated in Article 5(1) of the Malaysia Federal Constitution.

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