Marcel Jude Joseph said while some people are concerned about possible cyber security, hacking and financial loss, he cautioned that the attack is worse as it actually threatened Malaysians’ constitutional right to freedom of privacy.
“The data breaches ranged from home addresses to SIM card information. But I am more concerned that MyKad numbers were also among the information leaked.
“We need to remember that MyKad incorporates multiple applications with several sets of personal information about the holder of the card,” he told FMT.
Marcel said when the MyKad project was first implemented in 2001, it raised crucial issues about information privacy and the protection of the personal information of Malaysians.
At the time, the MyKad was the world’s first government-backed smart card initiative and it has been heralded as a giant step in information technology, both in Malaysia and worldwide.
“There is no doubt that the MyKad has the main security features that a smart card should have, given the present level of technological development.
“However, a distinction must be made between security concerns and the information privacy implications of the MyKad.”
He believed this threat to information privacy can only be addressed by a robust legal framework which protects personal information against misuse, whether by the government or other parties.
He said the existing legal framework may be lacking in this respect and confers little protection on MyKad holders.
He also argued that the current laws may also fail to support or inculcate a basic respect for information privacy as a human right.
“All democratic societies must respect information privacy to protect the democratic ideal.
“Information privacy is one of the universal virtues of a democratic nation that transcends cultural value systems.
“If the MyKad is meant to be a tool to better serve the citizens of Malaysia, then the government needs to take steps to implement a robust and information privacy-focused personal data protection legislation.”
Such legislation, he said, requires as its foundation the recognition of information privacy as a basic human right.
This is to ensure that personal information stored in the MyKad is protected against “authorised” and unauthorised use or disclosure of such personal information
“The right to information privacy as a mechanism for the protection of personal information stored in the MyKad can and should be recognised as a fundamental right protected by the Malaysian constitution,” he concluded.