Malaysia legislation
Section 15
Section 15
The public sector agency to whom a request for sharing of data is made under section 12 may refuse to share some or all of the data requested based on the following reasons:
(a)
the data requested could reasonably be expected to disclose, or enable a person to ascertain, the identity of a confidential source of information relating to the enforcement or administration of law;
(b)
the data requested could reasonably be expected to disclose the existence or identity of a person included in a witness protection programme;
(c)
the data requested could reasonably be expected to disclose investigative measures or procedures, including intelligence gathering methodologies, investigative techniques or technologies, covert practices or information sharing arrangements between law enforcement agencies;
(d)
the sharing of the data requested will constitute a breach of one or more of the following:
(i)
the solicitor-client privilege or legal professional privilege;
(ii)
an agreement or a contract;
(iii)
an equitable obligation of confidence; or
(iv)
an order of a court or tribunal;
Act 864
(e)
the data requested involves one or more of the following:
(i)
national security or defence;
(ii)
the investigation of a breach, or possible breach, of any written law;
(iii)
an inquest or inquiry into death; or
(iv)
a proceeding before a court or tribunal;
(f)
the public sector agency believes on reasonable grounds that the sharing of the data requested would be likely to endanger the health, safety or welfare of one or more individuals;
(g)
the data requested is inconsistent with the purpose specified under section 13 and does not warrant the data to be shared;
(h)
the public sector agency requesting the data does not possess appropriate security and technical safeguards to ensure that the data to be shared is not subject to unauthorized access or use; or
(i)
any other reason as the Committee may determine.
Duty relating to data sharing