Malaysia legislation
Section 12
Section 12
(2)
An intimate sample of—
(a)
a person reasonably suspected of having committed an offence;
(b)
a detainee; or
(c)
a drug dependant, may be taken for forensic DNA analysis only if—
(A)
an authorized officer authorizes it to be taken; and
(B)
an appropriate consent in the prescribed form is given by the person from whom an intimate sample is to be taken.
Act 699
(3)
Subject to an appropriate consent being given under subparagraph (2)(B), an authorized officer shall only give his authorization under subparagraph (2)(A) if—
(a)
he has reasonable grounds for—
(i)
suspecting that the person from whom the intimate sample is to be taken has committed an offence;
and
(ii)
believing that the sample will tend to confirm or disprove the commission of the offence by that person;
(b)
an arrest has been effected on or a detention order has been made against a detainee; or
(c)
an order or a decision has been made pursuant to the
Drug Dependants (Treatment and Rehabilitation) Act 1983 against a drug dependant.
(4)
An authorized officer—
(a)
shall give his authorization under subsection (3) in writing;
or
(b)
where it is impracticable to comply with paragraph (a), may give such authorization orally, in which case he must confirm it in writing as soon as may be possible.
(5)
A person from whom an intimate sample is taken shall be entitled to the information derived from the analysis of the sample taken from him.
(6)
An intimate sample shall only be taken by a government medical officer.
Taking of non-intimate sample