Much work needed if M’sia to join Budapest Convention

PUTRAJAYA: Several components of Malaysia’s legislative framework will need to be amended if the country hopes to become a member of the Budapest Convention on Cybercrime.

The Government has been exploring the possibility of Malaysia becoming a member of the Convention, said Minister in the Prime Minister’s Department Datuk Seri Azalina Othman Said.

“Committees have been formed in various government departments, including law enforcement agencies, to study the provisions in the Budapest Convention and determine the policy, legal, technical and administrative requirements that Malaysia must fulfil.

“Our study of Malaysia’s legislative framework has found that our Computer Crimes Act 1997 and Mutual Assistance in Criminal Matters Act 2002 may need to be amended to fulfil the legal requirements under the Convention,” she said.

The Budapest Convention, which was drawn up by the Council of Europe and came into force on July 1, 2004, is the first multilateral treaty dealing with crimes committed via the Internet or other computer networks, and offences committed using computer systems.

Speaking at the 8th Event of the Attorney-General’s Chambers of Brunei Darussalam, Malaysia, and Singapore at the Le Meridien Hotel yesterday, she said the digital age has posed a challenge to authorities and enforcement agencies around the world.

“We cannot deny that a more comprehensive framework is required to deal with the evolving nature of wrongdoings committed through and in the virtual world,” she said.

The Government saw a need for a universally-accepted standard in dealing with crimes committed using or in cyberspace, she added.

“With the absence of such a standard, countries will continue to face regulatory challenges in relation to cross-border transactions, in determining the origin of a wrongful act or crime, and in identifying the perpetrators,” she said.

Speaking to the AttorneyGenerals of Malaysia, Brunei Darussalam and Singapore, who were present, she said the A-G of each country is a public prosecutor whose duty is to safeguard public interest.

“The A-G cannot escape the changes in the fast-paced world we live in now.

“As technology advances, the methodologies of criminals are constantly evolving, so public prosecutors must keep at least one step ahead of criminals to maintain their effectiveness in discharging their duties,” she said.