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Digital Signature Act 1997 [Act 562]

Part VII   cite [+]

GENERAL

71 Prohibition against dangerous activities   cite [+]

(1) No certification authority, whether licensed or not, shall conduct its business in a manner that creates an unreasonable risk of loss to the subscribers of the certification authority, to persons relying on certificates issued by the certification authority or to a repository.

(2) The Commission may publish in one or more recognized repositories brief statements advising subscribers, persons relying on digital signatures and repositories about any activities of a certification authority, whether licensed or not, which create a risk prohibited under subsection (1).

(3) The certification authority named in a statement as creating or causing a risk may protest the publication of the statement by filing a brief written defence.

(4) On receipt of a protest made under subsection (3), the Commission shall publish the written defence together with the Commission's statement, and shall immediately give the protesting certification authority notice and a reasonable opportunity of being heard.

(5) Where, after a hearing, the Commission determines that the publication of the advisory statement was unwarranted, the Commission shall revoke the advisory statement.

(6) Where, after a hearing, the Commission determines that the advisory statement is no longer warranted, the Commission shall revoke the advisory statement.

(7) Where, after a hearing, the Commission determines that the advisory statement remains warranted, the Commission may continue or amend the advisory statement and may take further legal action to eliminate or reduce the risk prohibited under subsection (1).

(8) The Commission shall publish its decision under subsection (5), (6) or (7), as the case may be, in one or more recognized repositories.

72 Obligation of secrecy   cite [+]

(1) Except for the purposes of this Act, no person who has access to any record, book, register, correspondence, information, document or other material obtained under this Act shall disclose such record, book, register, correspondence, information, document or other material to any other person.

(2) A person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

73 False information   cite [+]

A person who makes, orally or in writing, signs or furnishes any declaration, return, certificate or other document or information required under this Act which is untrue, inaccurate or misleading in any particular commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding ten years or to both.

74 Offences by body corporate   cite [+]

(1) Where a body corporate commits an offence under this Act, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer of the body corporate or was purporting to act in any such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate or was assisting in such management-

(a) may be charged severally or jointly in the same proceedings with the body corporate; and

(b) where the body corporate is found guilty of the offence, shall be deemed to be guilty of that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves-

(i) that the offence was committed without his knowledge, consent or connivance; and

(ii) that he took all reasonable precautions and had exercised due diligence to prevent the commission of the offence.


(2) Where any person would be liable under this Act to any punishment or penalty for any act, omission, neglect or default, he shall be liable to the same punishment or penalty for every such act, omission, neglect or default of any employee or agent of his, or of the employee of such agent, if such act, omission, neglect or default was committed-

(a) by his employee in the course of his employment;

(b) by the agent when acting on his behalf; or

(c) by the employee of such agent in the course of his employment by such agent or otherwise on behalf of the agent.

75 Authorized officer   cite [+]

(1) The Minister may in writing authorize any public officer or officer of the Commission to exercise the powers of enforcement under this Act.

(2) Any officer authorized under subsection (1) shall be deemed to be a public servant within the meaning of the Penal Code [Act 574].

(3) In exercising any of the powers of enforcement under this Act, an authorized officer shall on demand produce to the person against whom he is acting the authority issued to him by the Minister.

75A Enforcement by police officers   cite [+]

(1) Notwithstanding subsection 75(1), any police officer not below the rank of Inspector shall have and may exercise the powers of enforcement conferred by this Act on an authorized officer.

(2) In exercising any of the powers of enforcement conferred under this Act on a police officer not below the rank of Inspector, such police officer shall, if not in uniform, on demand declare his office and produce to the person against whom he is acting the authority card as the Inspector General of Police may direct to be carried by such police officer.

76 Power to investigate   cite [+]

(1) The Commission may investigate the activities of a certification authority material to its compliance with this Act.

(2) For the purposes of subsection (1), the Commission may issue orders to a certification authority to further its investigation and secure compliance with this Act.

(3) Further, in any case relating to the commission of an offence under this Act, any authorized officer carrying on an investigation may exercise all or any of the special powers in relation to police investigation in seizable cases given by the Criminal Procedure Code [Act 593].

77 Search by warrant   cite [+]

(1) If it appears to a Magistrate, upon written information on oath and after such inquiry as he considers necessary, that there is reasonable cause to believe that an offence under this Act is being or has been committed on any premises, the Magistrate may issue a warrant authorizing any police officer not below the rank of Inspector, or any authorized officer named therein, to enter the premises at any reasonable time by day or by night, with or without assistance and if need be by force, and there to search for and seize-

(a) copies of any books, accounts or other documents, including computerized data, which contain or are reasonably suspected to contain information as to any offence so suspected to have been committed;

(b) any signboard, card, letter, pamphlet, leaflet, notice or other device representing or implying that the person is a licensed certification authority; and

(c) any other document, article or item that is reasonably believed to furnish evidence of the commission of such offence.


(2) A police officer or an authorized officer conducting a search under subsection (1) may, if in his opinion it is reasonably necessary to do so for the purpose of investigating into the offence, search any person who is in or on such premises.

(3) A police officer or an authorized officer making a search of a person under subsection (2) may seize, detain or take possession of any book, accounts, document, computerized data, card, letter, pamphlet, leaflet, notice, device, article or item found on such person for the purpose of the investigation being carried out by such officer.

(4) No female person shall be searched under this section except by another female person.

(5) Where, by reason of its nature, size or amount, it is not practicable to remove any book, accounts, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, device, article or item seized under this section, the seizing officer shall, by any means, seal such book, accounts, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, device, article or item in the premises or container in which it is found.

(6) A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (5) or removes any book, accounts, document, computerized data, signboard, card, letter, pamphlet, leaflet, notice, device, article or item under seal or attempts to do so commits an offence.

78 Search and seizure without warrant   cite [+]

If a police officer not below the rank of Inspector in any of the circumstances referred to in section 77 has reasonable cause to believe that by reason of delay in obtaining a search warrant under that section the investigation would be adversely affected or evidence of the commission of an offence is likely to be tampered with, removed, damaged or destroyed, such officer may enter such premises and exercise in, upon and in respect of the premises all the powers referred to in section 77 in as full and ample a manner as if he were authorized to do so by a warrant issued under that section.

79 Access to computerized data   cite [+]

(1) A police officer conducting a search under section 77 or 78 or an authorized officer conducting a search under section 77 shall be given access to computerized data whether stored in a computer or otherwise.

(2) For the purposes of this section, "access" includes being provided with the necessary password, encryption code, decryption code, software or hardware and any other means required to enable comprehension of computerized data.


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