Proceedings of the International Conference on Law and Digitalization (ICLD 2022)

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Facial Recognition Technology in Malaysia: Concerns and Legal Issues

Authors
Shao Zheng Chong1, Chee Ying Kuek1, *
1Faculty of Law, Multimedia University, Melaka, Malaysia
*Corresponding author. Email: cykuek@mmu.edu.my
Corresponding Author
Chee Ying Kuek
Available Online 22 December 2022.
DOI
10.2991/978-2-494069-59-6_10How to use a DOI?
Keywords
Facial recognition technology; Fundamental liberty; Right to privacy; Surveillance
Abstract

In this era where technology is advancing at an unprecedented rate, facial recognition technology (FRT) has been increasingly deployed for policing, surveillance systems, security access control and other purposes. However, corresponding concerns have been raised particularly on the threat to the individual’s right to privacy and the risk of data being misused. Although the right to privacy is recognised as a fundamental liberty protected by the Federal Constitution, the law relating to the right of privacy in Malaysia is limited and unable to address the privacy concerns of the FRT comprehensively. This article adopts the doctrinal research method by examining the laws governing FRT in the United States and the United Kingdom. As the Personal Data Protection Act 2010 of Malaysia does not sufficiently cater for the FRT, it is imperative to amend it to govern this technology and address the related concerns. There is a need to strike a balance between the individual’s rights to privacy and the application of the FRT for the purposes of private use, commercial transactions and public security.

Copyright
© 2022 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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Volume Title
Proceedings of the International Conference on Law and Digitalization (ICLD 2022)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
22 December 2022
ISBN
10.2991/978-2-494069-59-6_10
ISSN
2352-5398
DOI
10.2991/978-2-494069-59-6_10How to use a DOI?
Copyright
© 2022 The Author(s)
Open Access
Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Cite this article

risenwbib
TY  - CONF
AU  - Shao Zheng Chong
AU  - Chee Ying Kuek
PY  - 2022
DA  - 2022/12/22
TI  - Facial Recognition Technology in Malaysia: Concerns and Legal Issues
BT  - Proceedings of the International Conference on Law and Digitalization (ICLD 2022)
PB  - Atlantis Press
SP  - 101
EP  - 109
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-59-6_10
DO  - 10.2991/978-2-494069-59-6_10
ID  - Chong2022
ER  -