The wide scope of DNA collection and retention in Malaysia

Abstract

The enactment of the Deoxyribonucleic Acid (DNA) Identification Act 2009 (Malaysia) which came into force on 1 September 2012 undoubtedly helped to fill gaps that previously existed in the application of DNA evidence in the criminal justice process in Malaysia. One significant contribution of the DNA Act is that it establishes a DNA databank known as Forensic DNA Databank Malaysia (FDDM). Without denying its significance, this article highlights a concern over the wide scope of DNA collection and retention as provided by the DNA Act which is wider than other jurisdictions such as the United States, Australia, Canada, New Zealand, England and Wales.