Malaysia should move beyond treating freedom of information (FOI) legislation as a transparency measure and instead build a comprehensive information governance framework that integrates public access, inter-agency data sharing, official statistics and open data policies, according to Research for Social Advancement (REFSA).
In a policy paper authored by research analyst Ng Sze Fung, REFSA said the country’s ongoing institutional reforms present an opportunity to establish a modern information governance system that improves policymaking, public service delivery and accountability.
The think tank argued that while FOI laws traditionally focus on transparency, accountability and anti-corruption by allowing the public to request government-held information, Malaysia’s broader challenge lies in fragmented government data systems, inconsistent standards and limited interoperability between ministries and agencies.
According to REFSA, multiple agencies often collect overlapping data using different definitions and formats, while legal and administrative barriers continue to hinder information sharing across government.
This has resulted in duplicated work, inconsistent evidence and slower policy decisions in critical sectors including healthcare, education, food security, climate policy and public transportation.
Four Complementary Reform Instruments
The report said Malaysia’s information governance architecture should comprise four complementary instruments rather than relying solely on an FOI law.
These include the proposed Freedom of Information Bill 2026, the Data Sharing Act 2025, the Statistics Bill 2026 and an open data policy, each serving distinct but interconnected roles in governing how public information is accessed, shared and published.
While the Data Sharing Act facilitates information exchange between federal agencies and the Statistics Bill modernises the production of official statistics, neither provides the public with a legally enforceable right to obtain government information.
Similarly, open data policies encourage proactive publication of machine-readable government data but generally operate as administrative policies rather than legally enforceable rights.
Federal FOI Framework Still Incomplete
REFSA noted that although Malaysia is moving towards a more open information regime, it still lacks a comprehensive federal right allowing citizens to access information held by public authorities.
The report pointed out that while Article 10 of the Federal Constitution protects freedom of expression, Malaysian courts have yet to consistently recognise this as including a constitutional right to government information.
It also highlighted that the Official Secrets Act 1972 (OSA) remains the principal legal restriction governing disclosure of government records, arguing that any future federal FOI law must clearly define its relationship with the OSA and ensure exemptions are based on identifiable and proportionate harms involving national security, privacy and other legitimate interests.
REFSA welcomed the tabling of the Freedom of Information Bill 2026 and its referral to a parliamentary Special Select Committee, describing the process as an important opportunity to refine provisions covering exemptions, application procedures, independent oversight and the interaction between the proposed law and existing secrecy legislation.
Open Data Can Improve Public Services
Beyond transparency, REFSA argued that greater adoption of open data can significantly improve public administration by transforming government information into reusable public infrastructure.
The report said accessible, machine-readable datasets could help policymakers better identify labour market gaps, healthcare bottlenecks and service delivery inefficiencies while enabling researchers, businesses and civil society to contribute to evidence-based policymaking.
It added that common data standards and interoperable digital systems would reduce duplication across ministries, lower development costs and improve coordination by allowing agencies to build upon existing government platforms rather than creating isolated applications.
Four Key Recommendations
REFSA proposed four major reforms to complete Malaysia’s information governance framework:
- enact a federal FOI law based on a presumption of disclosure with clear appeal mechanisms;
- align the FOI framework with the Official Secrets Act through harm-based and public-interest tests;
- integrate the FOI framework with the Data Sharing Act, Statistics Bill and open data initiatives through common standards and interoperable systems; and
- establish an independent review body capable of reviewing information requests and issuing binding or quasi-binding decisions.
- Building An Open Information Ecosystem
REFSA concluded that Malaysia has already laid important foundations through the Data Sharing Act 2025, the expansion of MyGDX and OpenDOSM, and reforms to the national statistical system.
However, it stressed that these initiatives must be connected to enforceable public access rights, proactive publication obligations and interoperable government systems to create a fully integrated information governance architecture.
According to the report, a coherent framework would reduce institutional silos, improve public service delivery, strengthen accountability and enable citizens, businesses, researchers and civil society to participate more meaningfully in national policymaking and development.
