Following the recent amendments to the Communications and Multimedia Act 1998, in particular the introduction of:
- sections 252A and 252B in respect of preservation of communications data (which have yet to come into force); and
- sections 268A in respect of the Minister’s powers to prescribe rules on the retention of communications data to facilitate investigation of offences (which came into force in February 2025),
the Malaysian Communications and Multimedia Commission recently issued a public consultation paper to gather views from key stakeholders on the Proposed Regulatory Framework on Retention, Preservation and Disclosure of Communications Data for Investigation Purposes (“Proposed Regulatory Framework“).
The Proposed Regulatory Framework aims to enhance law enforcement agencies’ investigative capabilities, and provide clear legal and operational guidance for service providers while protecting individual privacy through defined safeguards and due process.
This Update provides an overview of the key elements addressed in the Proposed Regulatory Framework, offering insights into what can be expected in the forthcoming regulatory framework once finalised, as well as the potential implications on stakeholders in Malaysia’s communications and multimedia industry. The public consultation period for the Proposed Regulatory Framework is open until 8 August 2025, and the online feedback form is accessible here.
For more information, click here to read the full Legal Update.
Contribution Note
This Legal Update is contributed by the listed Contact Partners, with the assistance of Joy Lee (Associate, Christopher & Lee Ong) and Leslie Bong (Pupil-in-Chambers, Christopher & Lee Ong).
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