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

Relevance of MySejahtera Application in Post-pandemic Era: Legal Regulations on Data Ownership and Privacy

Authors
Xi Xian Tong1, Eng Siang Tay1, *
1Faculty of Law, Multimedia University, Melaka, Malaysia
*Corresponding author. Email: estay@mmu.edu.my
Corresponding Author
Eng Siang Tay
Available Online 22 December 2022.
DOI
10.2991/978-2-494069-59-6_11How to use a DOI?
Keywords
data ownership; data privacy; digital tracing; MySejahtera application
Abstract

MySejahtera application has been adopted by the Malaysian government since the outbreak of COVID-19 pandemic in March 2020. It is a digital tracing tool with functions, amongst others, to assist the government to monitor and control the spreading of the COVID-19 cases. Data ownership and privacy are always a controversial issue especially when the MySejahtera application was developed by a private company under corporate social responsibility. The government has assured that the data and information kept in MySejahtera application are fully owned by the Ministry of Health. From 1 April 2022, Malaysia has entered the transition to the endemic phase of COVID-19. The Ministry has further announced the relaxation of all SOPs starting 1 May, which include the doing away with MySejahtera. The recent Public Accounts Committee report discloses the selling of such an application to another private company has again raised the fear of intrusion of data ownership and privacy. This paper will address the issues on the data ownership and privacy of the MySejahtera application and discuss the relevance of continuing to use MySejahtera in daily life in the post-pandemic era. Existing legal regulations such as Personal Data Protection Act 2010, Prevention and Control of Infectious Diseases Act 1988, Communication and Multimedia Act 1988 and Medical Act 1971 will be examined in addressing the above issues. The research method used in this paper is doctrinal legal research. This paper will conclude with suggestions on the amendment to the relevant legislations to safeguard the data privacy of the MySejahtera users.

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
978-2-494069-59-6
ISSN
2352-5398
DOI
10.2991/978-2-494069-59-6_11How 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

TY  - CONF
AU  - Xi Xian Tong
AU  - Eng Siang Tay
PY  - 2022
DA  - 2022/12/22
TI  - Relevance of MySejahtera Application in Post-pandemic Era: Legal Regulations on Data Ownership and Privacy
BT  - Proceedings of the International Conference on Law and Digitalization (ICLD 2022)
PB  - Atlantis Press
SP  - 110
EP  - 122
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-59-6_11
DO  - 10.2991/978-2-494069-59-6_11
ID  - Tong2022
ER  -