DATA SHARING ACT 2025 AND THE CONSTITUTIONAL SAFEGUARDS ON INFORMATIONAL AUTONOMY IN MALAYSIA

Abstract

Malaysia’s rapid digitalisation of public administration has significantly expanded the scale and intensity of personal data processing within government digital services. Platforms such as MySejahtera, PADU, MyIdentity, MyDigital ID and one stop centre MyGov apps have become central to service delivery, policy implementation, and data-driven governance. The new Data Sharing Act 2025 (DSA 2025) is a significant piece of legislation designed to facilitate inter-agency data sharing and enhance administrative efficiency. However, the centralisation and dissemination of personal data within the public-sector raise important constitutional and governance questions concerning informational autonomy and state accountability. Although the Federal Constitution does not expressly recognise a right to privacy, Malaysian courts have interpreted Article 5 (1) on life and personal liberty, together with Article 8(1) on equality before the law, as comprising elements of autonomy, dignity, and protection against arbitrary state action. This paper adopts a doctrinal legal methodology to examine whether the institutional design and operational mechanisms of the DSA 2025 adequately align with these constitutional principles. It analyses the Act’s data-sharing architecture, executive discretion, and oversight arrangements, and evaluates the extent to which existing constitutional safeguards constrain state power over the processing of citizens’ personal data. Drawing on comparative insights from Germany, the European Union, the United Kingdom, and Canada, the paper argues that effective public-sector data governance requires principles constraints that extend beyond administrative efficiency. It proposes the development of a Malaysian Doctrine of Informational Autonomy, grounded in Articles 5(1), 8(1), and constitutional supremacy, to provide a coherent framework for assessing the constitutional and governance-based analytical framework, this paper contributes to ongoing debates on digital governance, trust, accountability, sovereignty and the protection of individual informational liberty in Malaysia’s evolving data-driven services.