Segaran Law Chambers

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Revisiting the Malaysian Guidelines for Use of Generative AI by Lawyers
Revisiting the Malaysian Guidelines for Use of Generative AI by Lawyers

The advent of generative artificial intelligence (Gen AI) has presented both opportunities and challenges to the legal profession worldwide. The Malaysian Bar, recognizing the transformative potential of this technology, issued Circular No. 342/2023 outlining the risks and precautions associated with using Gen AI, specifically ChatGPT, in legal practice. The Circular was timely and echoed similar guidance in other jurisdictions providing a valuable foundation for ethical AI adoption in Malaysia. This article revisits the Circular considering emerging issues and with an aim of aligning the guidance with international best practices.

The Case for Private Action Rights under Malaysia's PDPA
The Case for Private Action Rights under Malaysia's PDPA

The lack of a private action framework stifles the development of legal precedents that could provide clearer guidance on the application and interpretation of data protection laws. In jurisdictions where private actions are allowed, courts have played a pivotal role in shaping and refining data protection principles, leading to more robust and dynamic legal frameworks. The absence of such judicial involvement in Malaysia hampers the evolution of a nuanced and comprehensive privacy jurisprudence.

Toward Responsible AI: Why Malaysia Must Lead in AI Safety and Governance in Southeast Asia
Toward Responsible AI: Why Malaysia Must Lead in AI Safety and Governance in Southeast Asia

This week the UK and Singapore signed a Memorandum of Cooperation on Collaboration on the Safety of Artificial Intelligence solidifying efforts in this space between the countries since 2022 Digital Economy Agreement. The focus on AI safety by countries across the globe underscores the growing global commitment to responsibly advancing AI in a landscape where these systems are increasingly pervasive across sectors. This article considers Malaysia's potential role in AI safety and governance in the region.

Publications

 

AI, Law and Ethics: The Emergence of a New Discourse in the Legal Thoroughfare [2020]

Published in the Malayan Law Journal in 2020, Darmain Segaran co-authored this article which set the scene for Malaysian discourse in the field of AI ethics.

Access the report at LexisNexis or contact us to understand how else to obtain a copy.

An AI Ethical Framework for Malaysia: A Much Needed Governance Tool for Reducing Risks and Liabilities Arising from AI Systems [2021]

This research which looks at AI Frameworks was cited in Malaysia’s National AI Governance and Ethics Guidelines 2024.

Access the report at LexisNexis or contact us to understand how else to obtain a copy.

Recommendations for the Creation of a Governance Framework for the Protection of Personal Data Used in the Development of AI Systems [2021]

This report was published following research conducted under a Digital Society Research Grant issued by the Malaysian Communications and Multimedia Commission.

Access the report at the DSRG Media Matters Report Vol.5 2022 or contact us to understand how else to obtain a copy.

Malaysia AI Ethical Maturity Report [2021]

This report fully titled Ethical Standards Towards a Trustworthy AI: A Measurement to Determine AI Maturity, was published as an independent report and was presented in the BIGIT Conference 2021. The full report is housed on SLC’s portal and can be accessed here.

Podcasts

Featured
AI in Marketing: An Interview With Sue-Anne Lim
AI in Marketing: An Interview With Sue-Anne Lim

In this episode, I sit down with Sue-Anne Lim, an industry leader in the field of communications, to explore the fascinating and evolving landscape of AI in Marketing.

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When a Public Authority Demands Personal Data: A Review of the Genting PDPA Case
When a Public Authority Demands Personal Data: A Review of the Genting PDPA Case

In 2019, the Malaysian Inland Revenue Department made a request for customer personal data from a private company known as Genting Malaysia which runs a prominent casino. Its request was bolstered by an approval letter from the Department of Personal Data Protection which authorised the request.

Join us to explore how Genting successfully applied to review the decision of the Department of Personal Data Protection and the impact the judgment had on the law of privacy in Malaysia.

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Financial Data Surveillance: Lessons from the US
Financial Data Surveillance: Lessons from the US

In this episode we’re taking a look at lessons and ongoing debates from North America - paying particular attention to the hearing of a subcommittee of the US House of Representatives Judiciary Committee on 7th March as part of the inquiry into the 6th of January incident of 2021 at Capitol Hill.

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What Effect Could the EU's AI Act Have Outside the Union?
What Effect Could the EU's AI Act Have Outside the Union?

The passing of the EU’s AI Act has been the headlines all of last week. Much of the conversation has been centered around its components, particularly the forms of prohibited AI systems. However the Act will likely have much wider implications based on its strict approach to what it defines as “high-risk” AI. In this episode, we look briefly at some potential considerations for AI developers and deployers located outside the European Union with the passing of the Union's AI Act last week.

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AI in Elections and Political Campaigning (Part 1)
AI in Elections and Political Campaigning (Part 1)

On 23 July 2023, the Star ran an article titled “the rule of law for AI in elections”. In it, the Bar Council’s technology, cyber and privacy law committee chairman was quoted stating that there should be laws specifically on AI’s use in elections. This episode explores how AI can be used in elections and some of the risks it can pose.

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AI in Elections and Political Campaigning (Part 2)
AI in Elections and Political Campaigning (Part 2)

This episode will focus on some of the laws that may affect the use of AI in elections and political campaigning in Malaysia or, while intended to govern these spaces, may be inadequate. The legislation we consider include the Anti Fake News Act 2018, the Penal Code, the Communications and Multimedia Act 1998, The UK GDPR, Singapore's Protection from Online Falsehoods and Manipulation Act and Malaysia's Elections Offences Act 1959.

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Metadata as Evidence in Malaysian Litigation
Metadata as Evidence in Malaysian Litigation

In this episode, we will be looking at the feasibility of using metadata as evidence in Malaysian litigation. In particular, we analyse the case of Sundra Rajoo a/l Nadarajah v Leaderonomics Sdn Bhd & Anor [2023] MLJU 1354 and we consider a number of judgments from the US and Canada.

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