Malaysia legislation
Section 112
Section 112
The principal Act is amended by inserting after section 252
the following sections:
“Preservation of communications data 252a. (1) If a police officer or an authorized officer is satisfied that—
(a)
communications data is reasonably required for the purposes of an investigation; and
Communications and Multimedia (Amendment)
(b)
there is a risk that the communications data may be destroyed or rendered inaccessible, the police officer or authorized officer may, by written notice given to a person in control of the communications system, require the person to ensure that the communications data specified in the notice be preserved for the period and in such manner as may be specified in the written notice.
(2)
The person to whom the written notice is given under subsection (1)—
(a)
shall preserve the communications data specified in the notice for the period and in such manner as may be specified in the written notice; and
(b)
shall not disclose the existence and content of the written notice, the procedure, method, manner or any matter related to the preservation of communications data under subsection (1) without lawful authority.
(3)
A person who contravenes subsection (2) commits an offence.
Disclosure of stored communications data 252b. (1) If a police officer or an authorized officer is satisfied that any communications data is reasonably required for the purposes of an investigation into an offence under this Act or its subsidiary legislation, the police officer or authorized officer may, by written notice given to a person in control of the communications system, require the person to disclose such communications data in the manner specified in the written notice.
(2)
The person to whom the written notice is given under subsection (1)—
(a)
shall disclose such communications data in the manner specified in the written notice; and
(b)
shall not disclose the existence and content of the written notice, the procedure, method, manner or any matter related to the disclosure of communications data under subsection (1) without lawful authority.
(3)
A person who contravenes subsection (2) commits an offence.”.
Substitution of section 253