Timely Metadata Access Vital To Combat Cybercrime, Terrorism - Criminologist

KUALA LUMPUR, Aug 16 (Bernama) -- Timely access to communications metadata, including call logs, IP addresses, and geolocation data, is essential in combating serious crimes such as cyber fraud, child exploitation, and terrorism, says a criminologist and senior lecturer from Universiti Malaya’s Faculty of Law.

Dr Haezreena Begum Abdul Hamid said such access was legally and criminologically crucial, particularly in addressing fast-evolving, technology-driven crimes, where delays could compromise investigations and public safety.

"From a legal perspective, this access ensures evidence is lawfully obtained, preserved and admissible in court, while meeting due process requirements and enabling urgent investigative action before critical data is lost.

“From a criminological perspective, quick access supports rapid suspect identification, disruption of criminal networks, and protection of victims, particularly in fast-moving, technology-driven offences where even short delays can mean missed opportunities to prevent harm or secure convictions," she said in a statement today.

Haezreena Begum added that a standardised framework for data retention, preservation, and disclosure across all service providers would address inconsistencies, close evidentiary gaps, and ensure uniform compliance with statutory obligations and safeguards.

"Legally, this would reduce disputes over admissibility and jurisdiction. Criminologically, it would streamline processes, minimise delays, and ensure timely access to critical evidence, increasing the likelihood of disrupting criminal activity and securing convictions while maintaining public trust," she said.

Citing international examples, she noted that the European Union’s former Data Retention Directive and Australia’s Data Retention Act 2015 demonstrated that harmonised frameworks could enhance cross-border investigations and support law enforcement, provided they included robust oversight and safeguards.

While welcoming the Malaysian Communications and Multimedia Commission's (MCMC) proposal to establish a similar framework, given rapid technological advancements and escalating cybercrime threats, she warned that failure to implement a consistent, legally mandated system could seriously jeopardise public safety.

“Legally, it can lead to uneven compliance among service providers, resulting in the deletion of critical evidence before lawful access is possible. This creates evidentiary gaps, undermines prosecutions, and may compromise the due process of justice.

“Criminologically, inconsistent retention hampers timely investigations, delays suspect identification, and enables offenders, especially in cyber-enabled crimes, child exploitation, and terrorism, to exploit providers with short or non-existent retention policies as safe havens. 

"Lost leads weaken individual cases and reduce law enforcement’s ability to dismantle criminal networks, prevent reoffending, and protect victims,” she added.

Haezreena Begum stressed that privacy concerns must be addressed through strong safeguards, including authorised access, judicial oversight and metadata-only retention policies.

From a legal standpoint, she said, these measures helped ensure proportionality, targeted use, and lawful access to data strictly for legitimate law enforcement purposes, thereby reducing the risk of mass surveillance or arbitrary intrusion.

From a criminological perspective, she said retaining only metadata while requiring formal authorisation preserved investigative utility, while protecting privacy and public trust depended on strong oversight, genuine restrictions on serious offences, and retention periods that were no longer than necessary.

She also emphasised the need for a clear statutory framework to define preservable data, such as call logs, IP addresses, and location data, as well as to set retention periods for service providers, highlighting its role beyond immediate investigations.

“Timely preservation orders prevent the loss of ephemeral evidence, while a secure chain of custody ensures integrity and admissibility in court. Judicial oversight and proportionality safeguards against overreach, and effective cross-border mechanisms, such as mutual legal assistance treaties, facilitating lawful access to foreign-held data,” she said.

She further stressed that robust data preservation mechanisms not only supported investigations, but also deterred offending by reinforcing the likelihood of detection and prosecution, while emphasising that such measures, though indispensable for modern law enforcement, must operate within a proportionate, transparent, and rights-respecting framework.

Haezreena Begum urged public participation in the MCMC's ongoing consultation on the proposed framework, stressing this critical opportunity to incorporate diverse views, address concerns, and refine the framework to achieve an optimal balance between crime prevention and civil liberties. 

-- BERNAMA