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MYKAD is a plastic card (the size of a credit card) which has embedded in it a microchip equipped with biometrics technology. The microchip makes it a "smart" card in that it can perform a range of functions such as data processing, data storage and file management.

For some time after its launch, it was not clear what uses MYKAD might be put to and what information it might eventually carry. The government has now stated that there are, presently, 7 intended uses for MYKAD; namely, (i) as a personal identification card, (ii) as a driver's licence, (iii) as an international passport, (iv) for health records and information storage, (v) as e-cash for purposes of making electronic purchases and payments, (vi) as Public Key Infrastructure digital identification, and (vii) as a Touch n' Go card.

Its technology envisages and enables other potential applications to be introduced or included from time to time.

There is no doubt that MYKAD offers advantages and convenience, e.g. in doing away with the need to have multiple documents such as an identity card, a driver's licence and a passport. However, it is important to ensure that such advantages and convenience are not accompanied by negative impact on privacy and civil rights.

Malaysians have grown to live with having to carry with us an identity card, often forgetting that this was a requirement imposed on us by the former British colonial government, and that this is a feature more often associated with authoritarian societies. With MYKAD, one's personal data and a host of other information can be contained in a microchip that allows for easy downloading, storage and transmission. This raises legitimate concerns as to who may have access to such data, for what purpose such data may be used, and whether such data may be tampered with. For instance, how is a person assured that only authorised persons will have access to his data, or that such data will be used strictly for the specific and authorized purpose?

No laws have been enacted to protect a citizen against an unauthorized use, misuse or abuse of his personal data. A simple example is when a person is asked to produce his MYKAD for identification purposes to gain access into a building. That person's MYKAD is 'read' by a 'Pembaca Kad Mini'; which can be obtained and used by any person or organization. It will be a simple matter for the data so 'read' to be recorded and stored in a data bank of that person or organization. It could subsequently be put to unauthorized usage, such as the sale of data (without consent) to a marketing company which mails out unsolicited promotional materials for commercial products. This would constitute a misuse of information, as the sole purpose of the person who produced his MYKAD was simply for identification in order to gain access to a place. It is possible that in no time at all one's personal data could be transmitted and stored in hundreds or thousands of data banks, and used (without one's consent) for purposes which were not envisaged. It is not difficult to think of a myriad of other ways in which such personal data could be misused, some of which may be far from benign.

Thus, while the Bar Council appreciates the convenience and utility of MYKAD, it urges the government to put in place, without delay, the requisite laws and safeguards against misuse and unauthorized usage of personal data. Such laws must protect the privacy of individuals. Among other things, it should expressly impose legal duties on recipients of personal data to safeguard such data, and to ensure that such data may only be accessed by specific and authorized persons on a need-to-know basis and for the specific purpose(s) envisaged and consented to by the MYKAD holder. Provisions should also be made to give a MYKAD holder the right to be informed in writing by persons or organizations (whether private or government) as to whether his personal data is kept or stored by them; and, if so, the nature of the data, for what purpose(s) has the data been used, and to whom such data has been transmitted or made available. The law should also provide effective remedies against any unauthorized use, misuse or abuse of personal data.

In late December, it was reported that the government was re-looking at and re-drafting the much awaited Personal Data Protection Bill. The relevant Minister was quoted as saying that "we have to balance the need for privacy with public policy interests". The Bar Council urges the government to make available the re-drafted bill for public discussion as soon as possible, and in it to give due and sufficient weight to the privacy concerns and civil rights of Malaysian citizens.

Dated 2^nd April 2004

Hj Kuthubul Zaman Bukhari
Chairman
Bar Council