Personal Data and E-Security (2) – Global Responses to Data Protection

By: Sonny Zulhuda

Legal Responses and Liabilities to the Personal Data Protection

The apprehension of consumers regarding the use of their personal data is increasing. A survey on March 2001 published by the Asian Wall Street Journal and Harris Interactive found that 73% Net users are concerned with their personal privacy on the Internet (AWSJ, 22/3/2001). This fact and many more similar surveys conducted worldwide brought policy makers to ponder on how, and to what extent, the state can make laws and regulations to protect people’s right to control the use and exploitation of their personal data in the networked world.

Questions as to which approach is more effective arise. And there are at least two different approaches being championed by different jurisdictions, and eventually inspired others in the world to adopt. The choice is between having state’s legislation to regulate this problem or to leave the Internet industries to regulate themselves. It is submitted that a working knowledge of those legal requirements is essential for parties in a business organizations involved with data systems that store or process the personal data of members of the public.

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Personal Data and E-Security (1) – From Liabilities to Asset Management

By: Sonny Zulhuda

This paper seeks to provide an overview of the legal risk liability issues that arise in the management of personal data in e-security policies.  It argues that if personal data is properly managed, not only can legal liabilities be avoided but organizations can transform the practice of personal data management into a corporate asset building exercise. At the end of this paper, the reader should understand how personal data should be managed in a proactive and structured manner in the context of an organization’s e-security policies.

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Cyberlaw and Beyond – What to Expect After Legislation?

By: Sonny Zulhuda

The recall of Malaysia’s existing legal landscape related to electronic business (see my previous posting here on ‘Legal Landscape of Malaysian E-Business Environment’) may result in impression that the country has done good enough. True, Malaysia should take the pride of among the regional leader in enacting legal framework for e-business. But surely enacting rules alone is not sufficient. Not only they need to be implemented, but also they need to prove their effectiveness.

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Legal Landscape of Malaysian E-Business Environment

By: Sonny Zulhuda

The need to enact, pass and thus implement e-business-related laws has been closely linked to assurance of having smooth and secure e-commerce activities and thus it is closely associated with a country’s determination to speed up development in this information era. The Malaysian Government has indeed reaffirmed this link. They include in their pledge to the international community when initiating Multimedia Super Corridor (MSC) project that Malaysia would become a regional leader in intellectual property protection and cyberlaws. This is because Malaysia believes (like other countries supposedly do) that the existence of cyberlaws in the country means guarantee for the invention, e-commerce as well as consumer protections. This is why cyberlaw is important for country’s growth and development.

 

Based on the nature of the scope of the legislation, e-business-related law can be categorized into two distinctive categories, firstly, those legislations that address solely the specific electronic environment and applications. Secondly, those legislations that do not solely address on electronic environment, instead they apply as a general law but applicable, in part or in totality, to the cyberspace and online environment. On the ground of these categorization, this paper makes an attempt to assess the current legal landscape of Malaysia’s e-business environment.

 

Since their enactment in 1997, specific set of Malaysia’s cyberlaws provided ground for establishing legal frameworks for country’s e-commerce and information security. Besides, there are other laws that have been identified as providing important grounds for the effective and efficient operation of electronic business. Continue reading

Deciphering Cybercrime (3) – Legislation in Select Countries

By: Sonny Zulhuda

How do other countries respond? The progress that is ongoing in the Europe and international level is also taking place in many individual countries in Asia. Some of them had already legislated laws on cyber crime as early as 1993 (Hong Kong and Singapore) and 1997 (Malaysia). Some of these legislations were influenced by the UK Computer Misuse Act 1984 due to the fact that they were part of English Commonwealth countries. The summary of those laws is presented here derived from various sources.

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Deciphering Cybercrime (2) – Global Prescription for a Global Problem

By: Sonny Zulhuda

UN Convention Against Transnational Organized Crime 2000

Even though criminal law is subject to the local criminalization of offences such as described in the earlier paragraph, there is a growing consensus that some types of crime is given a global recognition, due to two-fold factors: the cross-border implication of such crime and the fact that certain crimes are perpetrated by a cross-border organized crime. This global crime reputation is currently enjoyed by criminals involved in money-laundering, global terrorism, as well as in illegal trafficking of gun, drugs and human.

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Deciphering Cybercrime (1) – What and What

By: Sonny Zulhuda

Introduction

Sixteen years after the being revolutionized by the invention of the World Wide Web, the Internet now becomes a common platform of over one billion users in the world who embrace into the cyberspace to exchange information, trade communications and execute commercial transactions. In this sense, the WWW founder Sir Tim Barnes Lee might have reached his prime objective in that the idea of cyberspace becoming a two-way transactional medium had been well achieved; when writing information is as simple as reading it. With the abundant benefits readily acquired by Internet users ranging from scientific researchers to trade merchants, from university students to corporate managers, and from government officials to mothers at home who explores new recipe, however, Sir Tim may have never imagined that today’s cyberspace would also have achieved another ‘reputation’ of being a notorious criminal frontier where stealing data is as easy as acquiring it rather legally. The truth is, the Internet is already very helpful for malicious minds who wish to pursue their malicious intention.

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