Malaysia legislation

Section 8

of CONSUMER PROTECTION (AMENDMENT) ACT 2017

Section 8

The principal Act is amended by inserting after section 126

the following sections:

“Warrant admissible notwithstanding defects 126a.  A search warrant issued under this Act shall be valid and enforceable notwithstanding any defect, mistake or omission therein or in the application for such warrant, and any book, record, document, goods or thing seized under such warrant shall be admissible in evidence in any proceedings under this Act.

Quoted provision

Section 126b

(2)

In exercising his powers, the Assistant Controller—

(a)

may inspect and check the operation of any computer and any associated apparatus or material which the Assistant Controller has reasonable cause to suspect are or have been used in connection with that information or data;

(b)

may require the person whom the Assistant Controller has reasonable cause to suspect is using or to have used the computer in connection with that information or data;

(c)

may require the person whom the Assistant Controller has reasonable cause to suspect that the computer is used or has been used, on behalf of the person, in connection with that information or data; or

(d)

may require the person having charge of, or is otherwise concerned with, the operation of the computer, apparatus or material, to provide him with such reasonable assistance as he may require for the purposes of this section.

Consumer Protection (Amendment)

(3)

The Assistant Controller may make copies of or take extracts from the recorded information, or computerized or digitalized data, if he deems it necessary.

(4)

For the purposes of this section, “access” includes being provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of recorded information, or computerized or digitalized data.”.

Deletion of section 128