Who owns MySejahtera? Although this seems like a easy query, the notion of “wholly owning” MySejahtera doesn’t seem like relevant in the intervening time, as nobody social gathering appears to personal every thing associated to MySejahtera.
Revelations from reported authorized paperwork level to the splitting of “ownership” into three primary components: the MySejahtera app; the information gathered and processed by MySejahtera; and the background software program used to develop MySejahtera.
Below is what we all know to date concerning who owns every of the parts and the authorized foundation.
- Ownership of the MySejahtera app: MySJ
Based on a share sale settlement on December 31, 2020, between MySJ’s shareholders, Entomo Malaysia is the proprietor of “all rights, title, and interest, including all intellectual property (IP) rights” associated to the MySejahtera app, as reported by well being portal CodeBlue.
However, this will have been outmoded by a share sale settlement dated August 27, 2021, whereby in relation to MySJ, the OEM software program licence settlement between Entomo Malaysia and MySJ Sdn Bhd grants MySJ an unique, sub-licensable, and perpetual licence to the MySejahtera app, in addition to a non-exclusive, non-transferable, non-sublicensable proper and perpetual licence to make use of the KPISoft software program, as revealed by CodeBlue.
In the identical share sale settlement, MySJ is described because the “owner of the platform”, doubtless referring to MySejahtera as one of many platforms operating on or developed utilizing KPISoft software program.
This is probably going on the idea that the license is unique and perpetual i.e., virtually nearly as good as “owning” it.
Specifically, the well being portal reported that the share sale settlement states that MySJ is the “legal and beneficial owner of all rights, title, and interest, including intellectual property rights in the MySejahtera application and all related technology, knowledge, know-how, updates/ upgrades, and trade secret in relation to the MySejahtera application.”
- Ownership Of The Data: Malaysian Government
Based on a share sale settlement on December 31, 2020, between MySJ’s shareholders, the “trademark and data collected through the operation of MySejahtera” have been reported as being owned by the Malaysian authorities.
Also, Health Minister Khairy Jamaluddin revealed that the “ownership of all data and information obtained through the use of the MySejahtera application rests entirely with the government” was stated to be a part of the phrases and situations in a non-disclosure settlement (NDA) between the National Security Council (NSC) and KPISoft Malaysia Sdn Bhd (now often called Entomo Malaysia Sdn Bhd) dated April 1, 2020.
- Ownership Of KPISoft Software: Entomo Malaysia
According to the August 27, 2021 share sale settlement, Entomo is the “developer and legal and beneficial owner of the KPISoft software”.
Based on the identical share sale settlement, MySJ “is and shall be the legal and beneficial owner of all rights, title and interest in and to such additions, enhancements, changes, modifications, including the introduction of new or changes in features to the MySejahtera application or made to the KPISoft software for the MySejahtera application, save and except that the rights, title, and interest in and to the KPISoft software and its trademarks shall be retained by Entomo”, as reported by CodeBlue.
Legally-Defined Ownership Vs. Real-World Separation
The app, which is owned by MySJ, collects knowledge that’s owned by the federal government, operating on software program developed and owned by KPISoft/Entomo.
Although we now have a barely clearer image of ownerships based mostly on these agreements, it stays unclear how this separation of possession is operationalised exterior of the authorized paperwork.
For instance, as far safety and knowledge integrity go, what do the rights, title, and curiosity in and to the KPISoft software program and its emblems imply, on the subject of accessibility to the MySejahtera app, and the information?
Only by means of cross-examination of all associated agreements of their entirety, particularly clauses concerning “security”, “confidentiality”, “data ownership” and “accessibility” can we affirm finer particulars such because the names of events outlined to be ruled beneath confidentiality clauses and knowledge entry and exclusivities, if any.
Even so, authorized language might be written ideally, that’s, in an excellent scenario, clauses state the way it ought to be. But usually the perfect authorized clauses might be written with out or inadequate respect for bodily realities. The very best separation between the app, the information, and the software program the app is constructed on might not be as clearly separated in day-to-day operations and should lack real-world enforcement to again it up.
This challenge is for specialists akin to programmers and coders to review and examine the programming construction and coding of the app to make clear how these three primary parts might be utterly segregated.
The goal is to guarantee that possession and entry to knowledge in MySejahtera stay completely with the Health Ministry (MoH), and never solely that that person private knowledge is totally protected, but additionally that it has not and couldn’t have been transferred or accessed, deliberately or in any other case, to some other events in no matter type.
This means increasing the investigating into the software program and {hardware} of all locations that the MySejahtera app communicates with, both straight or not directly, akin to these associated to the server, any “mirror” servers, and cloud databases elsewhere which will have duplicated MySejahtera knowledge for backup functions.
In different phrases, so far as investigating the safety and integrity of the information, examination of authorized paperwork wouldn’t suffice. A forensic digital investigation or audit of your entire ecosystem is required.
Changing Tone On Ownership
Aside from knowledge possession, Khairy’s statements within the Dewan Negara on March 31 and the press assertion by the Ministry of Health dated March 27 which cumulatively assert the federal government’s possession of the app, IP rights, modules, emblems, and supply code seem to contradict reported statements within the above-mentioned agreements which defines the three-way possession break up.
However, Khairy’s reported newest assertion in a press convention in Perak on April 5 seems to have a change in tone in comparison with earlier remarks. Khairy was reported to have stated the next: “We personal the information, modules in MySejahtera, and the model“.
Owning the information and the model (trademark) is per what the authorized paperwork reveal, however the assertion of “modules in MySejahtera” seems to be a distinction from the earlier notion of “owning the MySejahtera app”.
Thus, Khairy’s newest remarks (to date) seem like probably the most per the reported authorized paperwork pertaining MySejahtera and its builders and licensors.
Although prior contradictions are baffling, not less than this means a trajectory of enhancing accuracy and consistency so far as possession points go.
One-Sided Exclusivity With KPISoft/Entomo
EMIR Research talked about beforehand that there aren’t any indications of an unique association the federal government had with KPISoft.
However, the obvious unique remedy of the CSR deal by the federal government (by not stopping and discovering a brand new “operator”) seems to be one-sided, as KPISoft/Entomo entered right into a business association with MySJ whereas the CSR deal was nonetheless in impact.
Note that the CSR take care of KPISoft/Entomo began on March 27, 2020, and ended on March 31, 2021. KPISoft/Entomo entered right into a licensing settlement value RM338.6 million to grant the mental property of the MySejahtera app and a software program licence to MySJ on October 6, 2020.
All the whereas, the Malaysian authorities didn’t try to search out different operators or suppliers inside or sooner than the presumably “limbo period” of eight months between the expiry of the CSR deal (March 31) to the date when the Cabinet made the choice on November 26, 2021.
Based on publicly obtainable data, the federal government has no authorized foundation to attend for the CSR interval to be over to begin approaching different corporations.
Silence On The Indications Of Conflicting Interest Related To MySejahtera Dealings
The authorities can not ignore disputes between shareholders of MySJ and definitely can not stay silent on indications of conflicting pursuits.
Earlier, Khairy stated that the deal to switch the app’s IP and software program license between KPISoft/Entomo and MySJ has nothing to do with the federal government’s newest negotiation. This is merely stating an apparent indisputable fact that it’s a deal between two non-public entities.
On April 5, Khairy was reported to have stated the next:
“Whatever happens with the dispute of the companies in court, it has nothing to do with us.”
Firstly, offers between the federal government and MySJ legally can not override established contracts between MySJ and Entomo. Therefore, if the federal government has the curiosity to accumulate rights and fights for the possession of the app, the federal government is not less than not directly concerned on this tripartite mess.
Secondly, the involvement of varied events proudly owning completely different “parts” of MySejahtera solid extra doubt that solely the MoH has (unique) entry to the information gathered and processed by MySejahtera, even when it owns it.
Thirdly, though knowledge possession points get clearer, the difficulty of firm shareholding, directorships, and possession constructions get extra convoluted. The authorities should deeply examine these apparent pink flags or not less than, clear indications of conflicting pursuits.
There have been a number of studies from varied sources on comparable names showing throughout corporations and throughout worldwide borders which might be coping with each other. Some of the people might be linked with the political and enterprise elites, whereas others are unknown, mysterious, and even questionable native and international enterprise figures.
Yet, there have been no actions and even any mentioning of this challenge from the authorities. Why is there a deafening silence on this?
MySJ May Have Had Commercial Plans All Along
EMIR Research speculated in an earlier article that along with the “much lower than RM300 million” deal the Malaysian authorities has with MySJ, there might be different income streams for MySJ.
As speculated, MySJ truly had plans for the acquisition/funding of healthcare corporations, which has been reported by CodeBlue.
Although these presumably “MySejahtera-expansion” corporations don’t seem to have the identical indication of conflicting curiosity because the MySJ-Entomo offers from the shareholder/directorship perspective, the truth that all these corporations share the identical or comparable handle with one another and with MySJ-Entomo ought to not less than increase some eyebrows.
Based on the coordinating committee assembly minutes dated September 22, 2021, an funding into Mudah Healthcare and a digital insurance coverage marketing strategy (whereby the corporate AmanInpositive was listed for motion) have been mentioned, in accordance with CodeBlue.
CodeBlue revealed that Mudah Healthcare’s acknowledged handle is Unit 27-12, Level 27, Q Sentral in Kuala Lumpur, supposedly subsequent to Unit 27-13, Level 27, Q Sentral, which is the shared enterprise handle of each Entomo Malaysia and MySJ.
As for AmanInpositive, CodeBlue revealed that AmanInpositive’s web site lists the corporate’s handle as the identical as Mudah Healthcare’s handle, and based mostly on SSM submitting, AmanInpositive has the identical registered handle as Entomo Malaysia and MySJ at Wisma Adiss Udarama Complex in Kuala Lumpur and the identical enterprise handle as MySJ and Entomo Malaysia.
There is nothing mistaken with having enterprise companions sharing the identical workplace and different similarities, however the next degree of sensitivity and significance surrounding MySejahtera, particularly the indications of conflicting curiosity and the presence of questionable native and international figures ought to decrease the brink for flags to be raised or set off an investigation.
Rais Hussin and Ameen Kamal are a part of the analysis crew at EMIR Research, an unbiased assume tank targeted on strategic coverage suggestions based mostly on rigorous analysis.
- This is the non-public opinion of the author or publication and doesn’t essentially signify the views of CodeBlue.
