Security guards do not have the authority or right to request, hold, or scan the identification cards (MyKad) of the public, according to the National Registration Department (NRD).
We believe many of us have encountered security guards at condominiums or residential areas who ask for our identification cards or driving licenses. However, this is actually an offence under Malaysian law.
This issue has been raised several times in the past but has resurfaced.
In a statement to Bernama, JPN clarified that only five categories of officers are permitted to do so under Regulation 7(1) of the National Registration Regulations 1990:
- JPN officers;
- Policemen;
- Customs officers;
- Military personnel on duty;
- and public officers authorized by the Director-General of National Registration Department.
Under Regulation 8A, if unauthorized personnel hold onto your IC, they are committing an offense. Anyone convicted of this offense may face imprisonment of up to 3 years and/or a fine of up to RM 20,000.
“Any action by security guards to request or retain identification cards is against the law and may be subject to penalties,” the statement read.
JPN also emphasized that the use of electronic devices to scan MyKad data is not permitted, as it falls under the provisions of the Personal Data Protection Act 2010.
“Any processing of personal data by private entities is subject to the Personal Data Protection Act 2010, which sets guidelines and obligations to protect individuals’ personal information,” JPN stated.
Bernama contacted JPN for clarification on the issue following a viral social media post about a security guard at a premises allegedly using an electronic device to scan a MyKad.
The guard’s actions raised public concerns about its legality.
As a safety precaution, JPN advised the public not to surrender their identification cards to any unauthorised individuals and to immediately report any violations to the relevant authorities.
