Malicious unauthorised access to computer programs and data in Malaysia

Abstract

Access to programs and data is the key to cybercrimes. It is mainly done through various means, but the Malaysian law is broad enough to cover any means adopted by the criminals. This article discusses relevant provisions from the Malaysian Computer Crimes Act governing this illegal activity, and cites relevant cases on the matter. To ensure that readers understand the real scenario, the author has conducted library research and fieldworks for sufficient deliberation on the matter, since cases in the lower courts were unreported. The need for enhancing the mechanisms is highlighted to be pondered by the relevant enforcement authority.

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes

1 J.J. Norton and G. Walker (eds), Banks: Fraud and Crime. 2nd ed. (Informa Law from Routledge 2013).

2 Rizal Rahman, ‘The Knowledge Element in “Accidental” Virtual Trespass Caused by Malware or Badware under the Malaysian Computer Crimes Act’ [2014] LR 403; Rizal Rahman, ‘Cybercrime Cases in a Decade: The Malaysian Experience.’ Independently published via Amazon; 2019.

3 The accused was charged with the offence of unauthorised access to a computer belonging to another person with the intention to gain access to three meeting documents of a club. The court however issued a “Discharge Not Amounting to Acquittal” (DNAA) order on her upon the request from the prosecution; PP v Dato, Gee Siew Yee [2019] 5 LNS 48.

4 Sulaiman Azmil, ‘Crimes on the Electronic Frontier - Some Thoughts on the Computer Crimes Act 1997’ (1997) 3 MLJA 59.

5 Ahmad Najib Bin Aris v. Public Prosecutor [2009] 2 CLJ 800.

6 Hanafi bin Mat Hassan v. Public Prosecutor [2006] 4 MLJ 134.

7 PP v Garyl Tan Jia Luo [2007] Singapore District Court.

8 PP v Sharil Fazrullah Shaib [2019] Machang Magistrate Court.

9 PP v Che Mohd Affendi Azri Che Hussin [2018] Kuala Terengganu Sessions Court.

10 PP v Mohd Zukainiel Yusof [2018] Kuala Terengganu Sessions Court.

11 PP v Zuraidah Abdullah [2017] Kuala Lumpur Sessions Court.

12 PP v Hasliani Hashim [2016] Ampang Magistrate Court.

13 Basheer Ahmad Maula Sahul Hameed & Anor v PP [2016] 6 CLJ 422 (HC).

14 PP v Irwan Samsu [2013] Tawau Magistrate Court.

15 PP v Nor Shafarilla Ahmad Tahir [2011] Kuala Lumpur Magistrate Court.

16 PP v Sosaya Carraso & Ors [2011] Kuala Terengganu Sessions Court.

17 Rose Hanida bt Long v PP [2017] MLJU 1212.

18 PP v Abdul Malik Awang Abd Hamid [2014] Kota Kinabalu Sessions Court.

19 PP v Mohd. Afdzal Rizal Rashid & Anor [2011] Shah Alam Sessions Court.

20 PP v Gan Kiat Bend and Anor [2011] 8 CLJ 951.

21 PP v Muhammad Rashid Narayanan [2010] Putrajaya Sessions Court.

22 Zaiton Hanim, ‘The Theoretical Perspective of the Computer Criminal Law in the Era of Digital, Globalisation and Governance’ [2012] 1 LNS(A) lxiv.

Additional information

Funding

The research leading to the publication of this article was funded by a research grant from Universiti Kebangsaan Malaysia (DPK-2019-002).

Notes on contributors

Rizal Rahman

Rizal Rahman is an Associate Professor of Law at the Faculty of Law, Universiti Kebangsaan Malaysia. His areas of expertise are Information Technology Law, Evidence Law, Constitutional and Administrative Law, and Business Law. He is also the Chairman of Malaysian and Comparative Law Centre (http://www.ukm.my/cmcl).