What is unclear about the MySejahtera contract with KPISoft/Entomo?

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Unclear Contractual Status and Data Custodianship of MySejahtera App

The contractual arrangements and data ownership concerning the MySejahtera application remain significantly unclear, raising concerns about the protection of Malaysians' personal data. While the Ministry of Health (MoH) asserts its role as the sole custodian of the data, the historical lack of formal agreements and the involvement of foreign-owned entities in the app's development and management have fueled public apprehension and calls for a parliamentary investigation.
Absence of a Formal Agreement for an Extended Period

A key point of contention is the period during which the MySejahtera app operated without a formal contract between the government and KPISoft, the original developer later known as Entomo Malaysia Sdn Bhd. Health Minister Khairy Jamaluddin indicated that upon his assumption of the ministry, the app's management was brought in-house due to the absence of such a contract during the pandemic. Opposition Leader Datuk Seri Anwar Ibrahim highlighted that contract negotiations with KPISoft/Entomo reportedly only commenced in August 2021, a full 16 months after the application's launch. This implies that for over a year, the government and KPISoft/Entomo were managing the app's usage and data without a formal agreement in place.
Ambiguity Regarding App and Data Ownership

The ownership of the MySejahtera application itself and the data it collects has been described as unclear. Investigations based on Companies Commission of Malaysia filings reveal that Entomo Malaysia is wholly owned by Entomo Pte Ltd, a company based in Singapore. This foreign ownership structure, coupled with the National Security Council's reported allowance for foreign entities to develop and manage the application without a written agreement, has raised questions about control over sensitive Malaysian health and personal information.
Ongoing Contract Negotiations and Direct Negotiation Considerations

Currently, the government is reportedly in the process of negotiating subscription terms with the license holder, MySJ. Furthermore, the Cabinet is considering awarding a contract to MySJ Sdn Bhd for the MySejahtera application through direct negotiation. This approach, bypassing open tenders, has been met with suspicion by some, who believe it may obscure aspects of the app's operations and data handling from public knowledge.
Concerns Over Data Security and Third-Party Access

The lack of transparency surrounding the contractual framework has led to significant public concern regarding the security of personal data stored within the MySejahtera app. Malaysians are seeking explicit information on where their data is stored, the security measures in place, and the mechanisms designed to prevent unauthorized third-party access, data theft, or misuse. These concerns are amplified by the extended period of operation without a formal contract and the involvement of foreign entities in managing critical national infrastructure handling sensitive personal information.

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What is unclear about the MySejahtera contract with KPISoft/Entomo?

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