A Study on the Laws Governing Facial Recognition Technology and Data Privacy in Malaysia
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.
Balasingam, U., & Qamar Siddique Bhatti, S.Q, (2017). Between Lex Lata and Lex Ferenda: An Evaluation of the Extent of the Right to Privacy in Malaysia. Malayan Law Journal.
Boehm, P. D. (2015). A Comparison Between US and EU Data Protection Legislation for Law Enforcement Purposes. Brussels: Policy Department C - Citizens' Rights and Constitutional Affairs European Parliament
Brey, P. (2004). Ethical Aspects of Facial Recognition Systems in Public Places. Troubador Publishing Ltd.
Buang, S. (2019). Urgent need for a Privacy Act. New Straits Times (1 March 2019)
Greenleaf, G. (2020). Limitations of Malaysia’s Data Protection Bill. Privacy Laws & Business International Newsletter, at pg 5-7.
Morris, S. (2019). The Guardian (22 May 2019).
Munir, A. B., & Mohd Yasin, S.H. (2012). Personal Data Protection Act: Doing well by Doing Good. Malaysian Law Journal.
Nissenbaum, H. (1998). Protecting Privacy in An Information Age: The Problem of Privacy in public. Law and Philosophy, 559–596.
Nissenbaum, H. (2010). Privacy in Context: Technology, Policy, and the Integrity of Social Life, Stanford University Press.
Nurul Azma Abdullaha, Md. Jamri Saidi, Nurul Hidayah Ab Rahmanb, Chuah, C. W., & Isredza Rahmi A. Hamidd (2017). Face Recognition for Criminal Identification: An Implementation of Principal Component Analysis for Face Recognition. AIP Conference Proceedings, 1891, 020002. https://doi.org/10.1063/1.5005335
Pascu, L. (2020). Malaysia Commissioner Wants Facial Biometrics Security in Personal Data Protection Act. Biometric Update (16 March 2020)
Setterfield, B. & Warren. (2018). Online Data Privacy from Attitudes to Action: An Evidence Review, Carnegie United Kingdom Trust.
Sivarasa Rasiah v Badan Peguam Malaysia & Anor (2010) 2 MLJ 333
Zeng, Y., Sun, Y., Lu, E., & Tian, R. (2019). Responsible Facial Recognition and Beyond. https://arxiv.org/ftp/arxiv/papers/1909/1909.12935.pd
Zorkadis, V & Donos, P. (2004). On Biometrics‐Based Authentication and Identification from A Privacy‐Protection Perspective: Deriving Privacy‐Enhancing Requirements. Information Management & Computer Security, 12(1).