Vol. 7, No. 2 (2011): 35–50.
The infringement of privacy is a rising phenomenon, which is only accelerated as technology advances. This article provides a critical review of the concept of right to privacy, the cases involving deterioration of privacy due to technology and the legal position in reference to its violation. It has become evident that at present, Malaysia’s response to such infringements and violations is far from satisfactory and leaves much to be desired. This article argues that Malaysian law, with regard to privacy protection, is below the acceptable standard. This is in contrast to many developed, democratic countries such as the United States, which have placed more emphasis in developing their privacy laws and policies. It is hoped that this article can highlight the lacunae in Malaysian privacy law and put to the fore the consequences that will ensue as a result of the law’s failure in safeguarding privacy. It concludes by emphasising the need to legislate better laws to adequately address the magnitude of problems concerning the derogation of privacy and providing suggestions as to the steps need to be taken in order to ensure that the right to privacy is protected and upheld.
Murni Wan Mohd Nor is currently a tutor at the Department of Civilisational Studies at the Faculty of Human Ecology, Universiti Putra Malaysia. She obtained her undergraduate and postgraduate degrees in Law from the International Islamic University Malaysia and has worked on human rights and constitutional issues and cases that have been reported in the Malaysian law journals. Her research interests are politics, human rights, and constitutional and administrative law.
Ratnawati Mohd Asraf is a professor at the Institute of Education, International Islamic University Malaysia. She has published numerous articles in the areas of reading, literacy education, second and foreign language learning and teaching, and the use of statistics in social and behavioural science research.