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Personal Data Protection Act 2010 [Act 709]

Part IX

ENFORCEMENT

110 Authorized officers

The Commissioner may in writing authorize any officer appointed under sections 50 and 51 or any public officer to exercise the powers of enforcement under this Act.

111 Authority card

(1) The Commissioner shall issue to each authorized officer an authority card which shall be signed by the Commissioner.

(2) Whenever the authorized officer exercises any of the powers of enforcement under this Act, he shall produce on demand to the person against whom the power is being exercised the authority card issued to him under subsection (1).

112 Power of investigation

(1) An authorized officer may investigate the commission of any offence under this Act.

(2) For the avoidance of doubt, it is declared that for the purposes of this Act, the authorized officer shall have all or any of the special powers of a police officer of whatever rank in relation to police investigations in seizable cases as provided for under the Criminal Procedure Code [Act 593], and such powers shall be in addition to the powers provided for under this Act and not in derogation thereof.

113 Search and seizure with warrant

(1) If it appears to a Magistrate, upon written information on oath from the authorized officer and after such inquiry as the Magistrate considers necessary, that there is reasonable cause to believe that-

(a) any premises has been used for; or

(b) there is in any premises evidence necessary to the conduct of an investigation into,


the commission of an offence under this Act, the Magistrate may issue a warrant authorizing the authorized officer named in the warrant at any reasonable time by day or night and with or without assistance, to enter the premises and if need be by force.

(2) Without affecting the generality of subsection (1), the warrant issued by the Magistrate may authorize the search and seizure of-

(a) any computer, book, account, computerized data or other document which contains or is reasonably suspected to contain information as to any offence suspected to have been committed;

(b) any signboard, card, letter, pamphlet, leaflet or notice representing or implying that the person is registered under this Act; or

(c) any equipment, instrument or article that is reasonably believed to furnish evidence of the commission of the offence.


(3) An authorized officer conducting a search under subsection (1) may, for the purpose of investigating into the offence, search any person who is in or on the premises.

(4) An authorized officer making a search of a person under subsection (3) or section 114 may seize or take possession of, and place in safe custody all things other than the necessary clothing found upon the person, and any of those things which there is reason to believe were the instruments or other evidence of the offence may be detained until the discharge or acquittal of the person.

(5) Whenever it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.

(6) If, by the reason of its nature, size or amount, it is not practicable to remove any computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article seized under this section, the authorized officer shall by any means seal such computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article in the premises or container in which it is found.

(7) A person who, without lawful authority, breaks, tampers with or damages the seal referred to in subsection (6) or removes any computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article under seal or attempts to do so commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.

114 Search and seizure without warrant

If an authorized officer is satisfied upon information received that he has reasonable cause to believe that by reason of delay in obtaining a search warrant under section 113 the investigation would be adversely affected or evidence of the commission of an offence is likely to be tampered with, removed, damaged or destroyed, the authorized officer may enter the premises and exercise in, upon and in respect of the premises all the powers referred to in section 113 in as full and ample a manner as if he were authorized to do so by a warrant issued under that section.

115 Access to computerized data

(1) An authorized officer conducting a search under sections 113 and 114 shall be given access to computerized data whether stored in a computer or otherwise.

(2) For the purposes of this section, "access"-

(a) 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; and

(b) has the meaning assigned to it by subsections 2(2) and (5) of the Computer Crimes Act 1997 [Act 563].

116 Warrant admissible notwithstanding defects

A search warrant issued under this Act shall be valid and enforceable notwithstanding any defect, mistake or omission therein or in the application for such warrant, and any computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article seized under such warrant shall be admissible in evidence in any proceedings under this Act.

117 List of computer, book, account, etc., seized

(1) Except as provided in subsection (2), where any computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article is seized pursuant to this Act, the authorized officer making the seizure-

(a) shall prepare-

(i) a list of the computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article seized and shall sign the list; and

(ii) a written notice of the seizure containing the grounds for the seizure and shall sign the notice; and

(b) shall as soon as practicable serve a copy of the list of the computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article seized and the written notice of the seizure to the occupier of the premises which have been searched, or to his agent or servant at those premises.


(2) The written notice of the seizure shall not be required to be served in pursuance of paragraph (1)(b) where the seizure is made in the presence of the person against whom proceedings under this Act are intended to be taken, or in the presence of the owner of such property or his agent, as the case may be.

(3) If the premises are unoccupied, the authorized officer shall post a copy of the list of the computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article seized conspicuously on the premises.

118 Release of computer, book, account, etc., seized

(1) If any computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article has been seized under this Act, the authorized officer who effected the seizure may, after referring to the Public Prosecutor, release the computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article to the person as he determines to be lawfully entitled to it, if the computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article is not liable to forfeiture under this Act, and is not otherwise required for the purpose of any proceedings under this Act or for the purpose of any prosecution under any other written law, and in such event neither the authorized officer effecting the seizure, nor the Federal Government, Commissioner or any person acting on behalf of the Federal Government or Commissioner shall be liable to any proceedings by any person if the seizure and the release of the computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article had been effected in good faith.

(2) A record in writing shall be made by the authorized officer effecting the release of the computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article under subsection (1) specifying in detail the circumstances of and the reason for the release, and he shall send a copy of the record to the Public Prosecutor within seven days of the release.

119 No cost or damages arising from seizure to be recoverable

No person shall, in any proceedings before any court in respect of any computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article seized in the exercise or the purported exercise of any power conferred under this Act, be entitled to the costs of such proceedings or to any damages or other relief unless such seizure was made without reasonable cause.


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