SUPP Kuching Youth questions if users were informed, consented to MCMC’s mobile data collection

Nicholas Wung
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By DayakDaily Team

KUCHING, June 10: Sarawak United Peoples’ Party (SUPP) Kuching Branch Youth chairman Nicholas Wung has raised pressing concerns over whether users were properly informed and had consented to the Malaysian Communications and Multimedia Commission’s (MCMC) directive requiring telecommunications companies to submit mobile phone data from the first quarter of 2024 — and how that data will ultimately be used.

Wung questioned the lack of transparency surrounding the move, including whether MCMC has sufficient legal justification, whether any independent oversight body has reviewed the directive, and whether the public was given a chance to understand or object to the use of their data.

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He noted that MCMC has cited the Communications and Multimedia Act 1998 to support its request, which compels service providers to comply or risk penalties, including fines or imprisonment. However, critics argue that the law’s provisions are vague and could be exploited, raising fears of overreach.

Communications Minister Fahmi Fadzil has insisted that the data does not include personal information and will not be used for surveillance.

“Still, his assurances have done little to address public anxiety over potential infringements on privacy and freedom of expression.

“Many fear that the government could use the data to suppress dissent or engage in political surveillance, potentially curbing freedom of speech and heightening worries about excessive government oversight,” he said in a statement today.

Wung also warned that in a country where laws like the Sedition Act and the Communications and Multimedia Act have drawn criticism from human rights groups for restricting speech, this latest development could mark another step toward increased state monitoring.

He cited that international watchdogs such as Human Rights Watch have previously flagged Malaysia’s tightening grip on expression and assembly.

He emphasised that mobile phones contain sensitive personal information, such as identity card numbers, banking details, addresses, contacts, photos and private communications. Even anonymised data, he argued, carries risks — particularly if telco databases are breached or misused.

“If such data were to be leaked, individuals could face harassment or extortion. If their databases are hacked, users’ private information could be exposed, increasing the risk of identity theft,” he stressed.

Given the scale of user data involved, Wung reiterated his call for MCMC to clarify the scope and purpose of the data collection, identify the parties involved in reviewing and approving the directive, and ensure that users are made aware of and can consent to how their information is used.

His comments come in the wake of recent reports claiming the government had requested detailed records of phone calls and internet usage from telecommunications companies.

According to a report by the South China Morning Post on Friday (June 6), MCMC had requested detailed call and internet logs for the first quarter of this year. Failure to comply, it noted, would constitute an offence under the Communications and Multimedia Act, punishable by a fine of up to RM20,000 or six months’ imprisonment.

In response, MCMC has earlier clarified that the mobile phone data collected is strictly used to generate official statistics in support of evidence-based policymaking in two key areas: the ICT sector and the tourism industry.

For the ICT sector, the data helps produce detailed statistics on mobile broadband usage and penetration across different administrative levels. In the tourism sector, it is used to track visitor numbers and domestic travel trends.

The commission also highlighted that it has engaged extensively with all mobile network operators (MNOs) over the past two years to ensure a shared understanding of data requirements, processes, and privacy safeguards.

“This initiative is in line with international best practices. Similar anonymised telecommunications data projects have been successfully implemented in countries such as Indonesia and Brazil, aimed at enhancing national statistics while fully protecting user privacy,” MCMC said. — DayakDaily

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