Personal Data Governance from A Cyber Security Perspective

By: Sonny Zulhuda

Data privacy and data security are two sides of a coin – unseparable. Despite efforts by experts to explain this, yet the misunderstanding that they defeat each other is still widely looming.  In this APAC Cyber Security Summit held in on 3rd June 2016 in Kuala Lumpur and attended by more than two-hundred regional participants, I took another attempt to explain this: How protecting one’s data privacy can contribute to a larger information security practices. Not coincidentally, one can see it from the other side: In order to afford maximum protection of one’s privacy, efforts must be taken to secure his data. Thus, data security is part of a bigger personal data privacy protection. Confused? Don’t be.

APAC Cyber Summit 2016_1The truth is, personal data management does include protecting its confidentiality, integrity and availablity. And doing so, it means one must ensure the privacy and security of personal data goes side by side.

In a report released by the PriceWaterhouseCoopers (PWC) in 2016 on Personal Data Use Governance – Mitigate Risk while Unlocking Business Value, there is a sfift (or more sutiably, an expansion) of personal data risks landscape from merely a security and regulatory issue, to an intersection of issues of ethical, regulatory, litigation, security and serivce quality.

At this Conference, I highlighted the latest status and implementation of the Malaysian Personal Data Protection Act 2010 and tried to show how the new regulatory framework reshape the landscape of information security in Malaysia.

The points can be summarised as follows:

  1. Perspective #1. PDPA 2010 creates data management principles
  2. Perspective #2. PDPA 2010 spells out the duties throughout data lifecycle
  3. Perspective #3. PDPA 2010 identifies data risks
  4. Perspective #4. PDPA 2010 creates new data offences
  5. Perspective #5. PDPA 2010 creates duty of data due diligence
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Data Protection Principles under PDP Law

By: Sonny Zulhuda

Understanding data protection principles is crucial to (re)formulate the business processes. For companies and organisations that in any way involve the use and exploitation of personal data of their employees, customers (actual and potential) and business partners, series of actions need to be taken to comply with the legal regime on data protection.

In Malaysia, this is particularly a cause of concern nowadays as the new law on personal data protection clearly requires data users to take certain actions.

Laid in the main body of the law is the prescription of data protection principles from which stemming all the rights, duties and liabilities of each of data user and data subject (Note: ‘data user’ is those who use, collect, process, etc. the personal data that belong to certain individuals. Those individual are called ‘data subject’).

In Personal Data Protection Bill that was recently passed by Malaysian Lower House of Representatives, the principles of personal data protection is laid down in Part II, sections 5-12. Continue reading

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