Modern Means of Collecting Evidence in Criminal Investigations: Implications on the Privacy of Accused Persons in Malaysia

Abstract

The article explores the implications of evidence collection in criminal investigations or proceedings on the privacy of accused persons in the Malaysian legal system. Modern evidence collection involves the use of technology and equipment to undertake electronic surveillance, wiretapping, and to access data stored in computers. Such methods have the potential to implicate the privacy of accused persons during criminal investigations or proceedings. This article first examines whether the Malaysian constitution and statutes provide for and protect the right to privacy. Assuming that they do, the question then is the extent to which the Malaysian Criminal Procedure Code (CPC) and Evidence Act (EA) extends to accused persons. As such, this article discusses the CPC and EA and other modern legislations such as the Digital Signature Act 1997, the Computer Crimes Act 1997, the Telemedicine Act 1997, the Communications and Multimedia Act 1998, the Electronic Commerce Act 2006, the Electronic Government Activities Act 2007, and the Personal Data Protection Act 2010.