THE EQUILIBRIUM JOURNAL / EXECUTIVE BRIEFING
February brings further implementation of the Data (Use and Access) Act, on separate dates and for different purposes.
1–28 February 2026
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What happened
5 February 2026 · United Kingdom
Most Part 5 privacy changes begin
Commencement
The government’s implementation plan records commencement of most Part 5 data-protection and privacy provisions on 5 February. “Most” matters: the Act did not enter into force in one undifferentiated step.
6 February 2026 · United Kingdom
Creating or requesting intimate images is addressed
Criminal provisions commence
Section 138 commenced on 6 February, introducing offences concerning creation or requested creation of purported intimate images of adults without consent. The statutory definitions and territorial application determine the exact scope.
The Malaysian lens
Our Malaysian interpretation is comparative: an AI image workflow raises questions about consent and personal harm as well as ownership. Companies dealing with UK users should examine the relevant territorial rules. These UK developments do not establish that the same offence wording applies in Malaysia.
QUESTION TO ASK
Can the service prevent abusive requests, preserve relevant evidence and provide a clear reporting route?
Watch / next step
Separate ordinary data-processing review from abuse-response procedures. Read the enacted provisions before asserting that a particular image or request falls within a criminal offence.
Sources checked on 20 September 2026. Official sources are preferred; news reports are identified as such. Maintained source pages may contain later updates. Check the enacted text, applicable jurisdiction and current position before acting. General information, not legal advice.
