A comparative study on law governing invasion of privacy / Ahmad Faiz Razali... [ et al. ]

This paper looks into the protection towards privacy in Malaysia, specifically physical and territorial privacy. The scope of our research extends to all area of protection that could be attributable to privacy, which include Constitutional Law by virtue of Article 5 and Penal Code through Section 5...

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Main Authors:	Razali, Ahmad Faiz, Faiz, Farhan Zafry, Johari, Joaina, Shaped, Khairul Ikhwan
Format:	Student Project
Language:	English
Published:	Faculty of Law 2013
Subjects:	K Law in general. Comparative and uniform law. Jurisprudence KP Asia and Eurasia, Africa, Pacific Area, and Antarctica. Asia. (South Asia. Southeast Asia. East Asia)
Online Access:	http://ir.uitm.edu.my/id/eprint/27880/ http://ir.uitm.edu.my/id/eprint/27880/1/27880.pdf

id	uitm-27880
recordtype	eprints
spelling	uitm-278802020-01-30T03:45:39Z http://ir.uitm.edu.my/id/eprint/27880/ A comparative study on law governing invasion of privacy / Ahmad Faiz Razali... [ et al. ] Razali, Ahmad Faiz Faiz, Farhan Zafry Johari, Joaina Shaped, Khairul Ikhwan K Law in general. Comparative and uniform law. Jurisprudence KP Asia and Eurasia, Africa, Pacific Area, and Antarctica. Asia. (South Asia. Southeast Asia. East Asia) This paper looks into the protection towards privacy in Malaysia, specifically physical and territorial privacy. The scope of our research extends to all area of protection that could be attributable to privacy, which include Constitutional Law by virtue of Article 5 and Penal Code through Section 509. The inadequacies of protection granted by the said provisions are illustrated by way of case laws. Despite there is an implied recognition of the right to privacy, there is an inconsistency between judgment and the imposition of punishment. Further, in most cases, the punishment proves to be disproportionate to the humiliation suffered by the aggrieved party. In order for us to search for the best solution, extensive discussion and comparisons with the protection of other countries are provided in Chapter 3, which include countries like Singapore, Brazil, South Africa and England. This paper also discusses the relevance of the 2010 Personal Data Protection Act which has been purported to protect informational privacy, so as to determine whether it also applies to other forms of privacy. The final chapter provides a discussion on the most viable are of law to protect privacy, taking into account both civil and criminal protection. In light of the discussion, after balancing the pros and cons of both areas, we are able to say with certainty why criminalizing invasion of privacy is the best option. Apart from that, we simulate 2 provisions that should be incorporated into the Penal Code to solve the inadequacy. Faculty of Law 2013 Student Project NonPeerReviewed text en http://ir.uitm.edu.my/id/eprint/27880/1/27880.pdf Razali, Ahmad Faiz and Faiz, Farhan Zafry and Johari, Joaina and Shaped, Khairul Ikhwan (2013) A comparative study on law governing invasion of privacy / Ahmad Faiz Razali... [ et al. ]. [Student Project] (Unpublished)
repository_type	Digital Repository
institution_category	Local University
institution	Universiti Teknologi MARA
building	UiTM Institutional Repository
collection	Online Access
language	English
topic	K Law in general. Comparative and uniform law. Jurisprudence KP Asia and Eurasia, Africa, Pacific Area, and Antarctica. Asia. (South Asia. Southeast Asia. East Asia)
spellingShingle	K Law in general. Comparative and uniform law. Jurisprudence KP Asia and Eurasia, Africa, Pacific Area, and Antarctica. Asia. (South Asia. Southeast Asia. East Asia) Razali, Ahmad Faiz Faiz, Farhan Zafry Johari, Joaina Shaped, Khairul Ikhwan A comparative study on law governing invasion of privacy / Ahmad Faiz Razali... [ et al. ]
description	This paper looks into the protection towards privacy in Malaysia, specifically physical and territorial privacy. The scope of our research extends to all area of protection that could be attributable to privacy, which include Constitutional Law by virtue of Article 5 and Penal Code through Section 509. The inadequacies of protection granted by the said provisions are illustrated by way of case laws. Despite there is an implied recognition of the right to privacy, there is an inconsistency between judgment and the imposition of punishment. Further, in most cases, the punishment proves to be disproportionate to the humiliation suffered by the aggrieved party. In order for us to search for the best solution, extensive discussion and comparisons with the protection of other countries are provided in Chapter 3, which include countries like Singapore, Brazil, South Africa and England. This paper also discusses the relevance of the 2010 Personal Data Protection Act which has been purported to protect informational privacy, so as to determine whether it also applies to other forms of privacy. The final chapter provides a discussion on the most viable are of law to protect privacy, taking into account both civil and criminal protection. In light of the discussion, after balancing the pros and cons of both areas, we are able to say with certainty why criminalizing invasion of privacy is the best option. Apart from that, we simulate 2 provisions that should be incorporated into the Penal Code to solve the inadequacy.
format	Student Project
author	Razali, Ahmad Faiz Faiz, Farhan Zafry Johari, Joaina Shaped, Khairul Ikhwan
author_facet	Razali, Ahmad Faiz Faiz, Farhan Zafry Johari, Joaina Shaped, Khairul Ikhwan
author_sort	Razali, Ahmad Faiz
title	A comparative study on law governing invasion of privacy / Ahmad Faiz Razali... [ et al. ]
title_short	A comparative study on law governing invasion of privacy / Ahmad Faiz Razali... [ et al. ]
title_full	A comparative study on law governing invasion of privacy / Ahmad Faiz Razali... [ et al. ]
title_fullStr	A comparative study on law governing invasion of privacy / Ahmad Faiz Razali... [ et al. ]
title_full_unstemmed	A comparative study on law governing invasion of privacy / Ahmad Faiz Razali... [ et al. ]
title_sort	comparative study on law governing invasion of privacy / ahmad faiz razali... [ et al. ]
publisher	Faculty of Law
publishDate	2013
url	http://ir.uitm.edu.my/id/eprint/27880/ http://ir.uitm.edu.my/id/eprint/27880/1/27880.pdf
first_indexed	2023-09-18T23:19:10Z
last_indexed	2023-09-18T23:19:10Z
_version_	1777419315218219008

A comparative study on law governing invasion of privacy / Ahmad Faiz Razali... [ et al. ]

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