Search and Seizure of Digital Evidence and Privacy Issues in Malaysia

• Main Authors: Ayub, Zainal Amin, Mohamed Yusoff, Zuryati
• Format: Article
• Language: English
• Published: The Malaysian Current Law Journal 2015
• Subjects: K Law (General)
• Online Access: https://repo.uum.edu.my/id/eprint/31110/1/CLJ%2091%202015%20lviii-lxiv.pdf; https://repo.uum.edu.my/id/eprint/31110/; https://www.cljlaw.com/

In the era of the information age, computers have created new avenues for online and offline crimes. Consequently, they have also created an abundance of incriminating evidence that can be stored digitally. The widespread use of computers and digital devices has also led to searches of data stored on hard drives and other storage devices and has introduced a new type of search and seizure that is known as the search and seizure of digital evidence. This article analyses the Malaysian regulations that respond to dealing with search and seizure of digital evidence in crimes. It examines the compatibility of laws governing search and seizure of digital evidence with the right to privacy. This article also argues that the regime of laws that govern search and seizure of digital evidence in Malaysia are incompatible with the right to privacy