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malaysia.md

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Version 27.0, February 2013

© Bert-Jaap Koops **Portions © Analog Devices, Inc. **

Licensed under Creative Commons Attribution Share Alike 4.0 International.

SPDX-License-Identifier: CC-BY-SA-4.0

[Malaysia]{#mal} [Source 5]

1. Export/ import controls

There are no export or import restrictions.

2. Domestic laws and regulations

There is no regulation of crypto use.

Three Acts contain a power to require people to decrypt during a search; such a search is allowed when there is reasonable cause to believe that an offence under the Act at issue is being or has been committed. There is therefore no general power to order decryption.

  • Art. 10 (1) (b) of the Computer Crimes Act 1997 requires (likely) users and people otherwise concerned with the operation of computers or material, during a search, to provide reasonable assistance for the purpose of accessing programs or data or material that is reasonably suspected to be used in connection with an offence under the Act, as well as to produce any information contained in a computer and accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible. Refusal to cooperate is punishable with at most 25k ringgit and/or three years' imprisonment (art. 11).
  • Art. 79 of the Digital Signature Act 1997 requires people, during a search, to give access to computerised data whether stored in a computer or otherwise, which includes providing the necessary password, encryption code, decryption code, software or hardware required to enable comprehension of computerised data. Refusal to cooperate is punishable with at most 200k ringgit and/or four years' imprisonment (art. 83).
  • Art. 249 of the Communications and Multimedia Act requires people, during a search, to give access to computerised data whether stored in a computer or otherwise, which includes providing the necessary password, encryption code, decryption code, software or hardware required to enable comprehension of computerised data. Refusal to cooperate is punishable with at most 100k ringgit and/or two years' imprisonment (art. 242). This Act contains a provision (art. 256(2)) allowing people to refuse answering questions if they thereby would incriminate themselves; by contrast, the privilege against self-incrimination can be deemed not to hold for complying with a decryption order.

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