Monthly Archives: March 2018

Comments on the Malaysian e-Court System Phase 2

The Malay Mail interviewed me on my views of the implementation of the new e-Court System Phase 2 some time last year. Some of the issues highlighted below have now been resolved. I am posting this for record purpose.

In their article entitled “Lawyers required to go digital by 2018“, I said the following:-

Foong Cheng Leong, the Kuala Lumpur Bar’s Information Technology and Publication Committee chairman, noted that e-filing is partly aimed at ending the maintenance of actual physical files and saves time with the skipping of physical file searches.

“Before e-filing, the court had problem organising their files and many files went missing resulting the loss of judicial and litigants’ time. The e-filing system also allows documents to be viewed quickly without the need to look for the file,” he said.

Foong said the second phase of the e-filing system had some improvements such as a better online file search system that now includes searching of court minutes, but he highlighted several issues such as the use of the security token which he felt was “unnecessary”.

“Although it is now available at an affordable rate, the use of the token creates a ripple effect. For example, the lawyer now would need to apply for the token and learn how to use and install it, safe-keep, protect and observe the expiry date of the token,” he said, arguing that there were other ways to ensure security or to ensure the right person is filing a court document.

He said the online file search function where users have to pay RM8 or RM12 depending on the court tiers for a 30-minute viewing period should be changed, suggesting that the time limit should be scrapped and instead replaced with a pay-per-file system.

The file search function also only allows users to view and print files page by page, but should instead be changed to allow users to download the files to view them directly on their computers, he said.

“The current system still has a lot of bugs. It ought to be have been beta tested properly by users, in particular, the lawyers before rolling them out,” he said, citing as example the timer in the file search system suddenly resetting to 0:00 before the time is actually up.

On the closure of the Service Bureau to lawyers, I stated the following:-

Foong similarly said: “However, the service bureau should still remain to assist lawyers to file their documents. Not every lawyer has litigation cases often and some may even do one or two a year. It makes no commercial sense sometimes to pay for the token to do e-filing. Nevertheless, the Court should allow other parties to open service bureaus to cater the needs of fellow lawyers.”

In Malay Mail’s subsequent article entitled “No more 5am queues to file lawsuits“, I was quoted stating the following:-

Foong Cheng Leong, the Kuala Lumpur Bar’s Information Technology and Publication Committee chairman, said issues that law firms in peninsular Malaysia faced in moving to a new online court filing system had caused the long queues.

During that period, the helpdesk for the online system was overflowing with requests for assistance, with many lawyers complaining that it was not picking up their phone calls, he said.

“I think the long queues at the e-filing service bureau is due to the sudden surge of requests to do e-filing. As many lawyers had problem migrating to the new system, they have no choice but to use the e-filing service bureau. This adds to the usual crowd of lawyers who did not subscribe to the e-filing system.

“The Court was unable to cope with the sudden surge of request and resulted in very long lines. The Court had to limit the number of people who could use the service otherwise their staff would be staying in Court past the normal working hours,” he told Malay Mail Online when asked to weigh in on the issue.

Here’s What You Should Know The Next Time Someone Asks For Your MyKad

I was featured in The Malaysian Digest’s article entitled “Here’s What You Should Know The Next Time Someone Asks For Your MyKad” on 22 February 2018.

If Your Identity Is Stolen, It May Be Difficult To Prove Your Innocence

Although the Private Data Protection Act 2010 (PDPA) that protects our data, which is collected for commercial purposes, from being misused by third parties has been enacted, there are limits to how far the law can protect us especially when our data is collected for non-commercial purposes, which is unregulated and open to abuse.

Foong Cheng Leong, founder of law firm Foong Cheng Leong & Co., relayed that when you simply give out your IC number to anyone asking, you are liable to have more of your information to be collected and can be used for social engineering such as creating a complete profile about you.

“With a complete profile, one can use it to obtain certain things like services, access to bank accounts, mobile numbers, financial information, email, buildings and further information etc.

“One can also use that profile to obtain information of another person e.g. a person close to you, for example, your spouse’s personal information,” he said.

And when our personal data and identity gets stolen, it may not be easy to prove and it will depend on the circumstances.

“But one would have to go through a difficult process of being investigated. He may be arrested, remanded, have his computers and mobile devices ceased, privacy invaded etc.” he said.

Although he has not had any cases involving IC number, he has come across cases involving the misuse of identity.

“I had one case where the employee was charged in Court under the Computer Crimes Act 1997 for unauthorised modification of content.

“His office account and internet account were used to delete a database of his employer. Fortunately, we managed to prove that it was not him who did it,” he said.

Foong also said that cases of identity theft are not just a few in the country, as he shared the most well-known case which is the case of Adorna Properties Sdn Bhd v Boonsom Boonyanit.

“The land owner lost her land after it was fraudulently transferred to a third party and subsequently sold to a bona fide purchaser – see https://asklegal.my/p/boonsom-boonyanit-adorna-properties-indefeasible-title-national-land-code-1. Note that the position of this law has changed – see http://www.skrine.com/better-late-than-never,” he shared.

He said that the best way to protect our data is by ensuring that it is always secure and that we control the circulation of our data.

When Businesses Use Your Photo Without Permission, Here’s What You Do

I was featured in Malaysian Digest’s article entitled “When Businesses Use Your Photo Without Permission, Here’s What You Do” on 24 January 2018 on what customers can do to protect their personal data. I said the following:-

Customers Need To Be Proactive To Protect Their Privacy

What then do we, as customers, can do to protect our privacy and what rights do we have as a civilian?

Foong Cheng Leong, founder of law firm Foong Cheng Leong & Co. and the Bar Council cyber law and information technology committee deputy chairperson, explained that when it comes to invasion of privacy, it depends on the scenario.

If it’s a photo taken in a public place with many other people like a group photo, it is unlikely an invasion of privacy nor it is anything unlawful.

“If the photo was a photo taken during the business transaction between the customer and the business, it could amount to a breach of Personal Data Protection Act 2010 or invasion of privacy. For example, a photo taken by a doctor of its patient during treatment.

“Also, if the photo belongs to the customer, it could amount to copyright infringement,” he said, while advising that it would be prudent to add a watermark to our photos.

And if we do find our photo being featured in advertisements without consent, we should write to the business asking them to remove it.

“They can also consider filing a complaint to the Personal Data Protection Commissioner for them to investigate the matter,” he advised.

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