8.0 Conclusion

In a nutshell, it can be said that identity theft brings enormous grave consequences to the victim in terms of the monetary and reputation loss and it happens very easily when we are not careful enough in securing our personal data and information which are very vulnerable to be tampered with and used against personal advantages. However, it is sad to note that most of the cases involving identity theft falls under the jurisdiction of subordinate courts where usually the victim shall be penalised for any loss incurred due to it like cases involving loans under the victim’s name and the victim has zero knowledge about it. Furthermore, the prosecution is only done under section 416 of the Penal Code of Malaysia for the offence of impersonation and other statutes like the Computer Crimes Act 1997 has been used in a scarce level in the prosecution process. This is indeed a sad situation and legal officer and judges should have some knowledge in the field of cyber laws and the use of latest technological advancement for committing new and novel types of crimes for a better dispensation of justice. The process and procedure of rule of law in Malaysia should be in tandem with the present technology and threats related to it.