Menyoal Tren “10 Years Challenge”

By: Sonny Zulhuda

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Akhir-akhir ini pengguna media sosial pasti sudah banyak melihat foto-foto transformasi wajah yang dilabel hashtag #10yearschallenge. Tidak kurang, politisi dunia hingga artis dan selebriti pun berpartisipasi dalam trend yang satu ini. Aktivitas ini dimanfaatkan oleh masyarakat media sosial sebagai bahan hiburan dan obrolan yang menarik dan tidak jarang menggelitik.

Namun, mungkin banyak yang sadar bahwa foto-foto yang disebar itu akan memudahkan pihak media sosial atau pihak ketiga untuk melakukan beberapa pekerjaan mereka seperti:

1. Penyempurnaan database wajah individu berikut kronologi tahun dan usia.
2. Penelitian pola transformasi wajah manusia berdasarkan usia, periode, dan demografi lainnya seperti ras, gender, lingkungan, dan lainnya.
3. Pemrograman pada teknologi artificial ingelligence dalam melakukan rekaan wajah secara lebih akurat.
4. Identifikasi dan penyamaran.

Apalagi, dengan label yang sangat indikatif seperti #10yearschallenge akan semakin memudahkan penyaringan dan interpretasi data sehingga memberikan jalan pintas untuk pencarian data itu sendiri. Label hashtag itu sama dengan fungsi metadata. Semakin banyak hashtag, maka akan semakin mudah pencarian data tersebut di domain publik.

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From Privacy Suit to EU GDPR: Data Protection Updates from Malaysia – As reported in the Borneo Post

By: Sonny Zulhuda

The beginning of the year saw my interview with the Malaysian daily the Borneo Post that was published on 1st January 2019. This interview was initiated by my colleagues from the consultancy firm Straits Interactive. The report was entitled “Malaysians increasingly aware of risks with data breach.” It can be found in this link.

The article started to to note that Malaysians now are more aware about the risks associated with breaches of their personal data. In fact, we in Malaysia have seen in the past five years, that there is a sharp increase in data privacy civil suits in the local Malaysian courts.

Among the points I highlighted in the interview are as follows:

What are the costs of data breaches?

  • The cost of data breaches can be seen in many areas. In terms of legal liabilities, companies in breach of the Malaysian PDP Act 2010 can be fined up to RM500,000 – for offences such as unlawful sale or unlawful collection of personal data, as well as collection of data without the required certificate of registration.
  • And when a data breach occurs, costs can also be incurred through technical repairs and loss of reputation. Business can also suffer because of bad publicity.
  • Civil suits can also be brought against companies, and these can cost businesses a lot of money. Malaysians are becoming increasingly more aware of the risks associated with breaches of their personal data, and we have seen a sharp increase in data privacy civil suits in the local Malaysian courts in the past five years.

Are we prepared? Here is what I said:

  • Unlike companies in the US and Europe, many companies in the Asean have yet to reach an acceptable level of preparedness. Data protection does not tend to be a part of the business culture, however some industries (banking and finance) are more prepared due to legislation and legal requirements.
  • To bolster the understanding and preparedness of other industries, we need more public awareness, training, and certified professionals in the field of data protection.

What are among the common concerns?

  • One major concern in Malaysia is how much our MyKad (ID cards) details are easily and unnecessarily exposed. Many people needlessly impose the collection or retention of MyKad details before people start business communication or interactions, enter premises, or participate in events. Unfortunately, lots of people are happy to submit these details and this gives the impression that these practices are approved and not an issue.
  • Another problem is direct marketing, as well as unsolicited commercial calls, emails and text messages. While it’s clear individuals have the right to refuse direct marketing, it still regularly happens.

What has been prepared?

  • I highlighted that leading consultant like Straits Interactive plays the role to champion a public-private partnership by establishing alliance with academia, industries and the government. This partnership will ensure Malaysia as a nation moves together and responds to data privacy issues with a common understanding and comprehensive programmes.

Does the European Union GDPR (General Data Protection Regulations) have anything to do with the Malaysians?

  • With the passing and enforcement of the EU General Data Protection Regulation (GDPR) in May 2018, Malaysia needs to gear up for these stronger laws and better enforcement.
  • The GDPR applies to companies who also interact with European citizens, and this requires short-term training programmes and certifications in the field of data protection.
  • A collaboration at the regional level is also timely and necessary. We are heading towards that.

Credit on this Interview to the Straits Interactive and the Borneo Post.

Privasi dan Integritas Teknologi

Dr Sonny Zulhuda

This article, in Indonesian, was published in the national daily REPUBLIKA, on 3rd April 2018. This piece highlights the ultimate need to have a privacy-embedded technologies. Respecting privacy is a prerequisite to maintain the integrity in the use of technology. As I concluded, the connectivity that we currently enjoy shall not eliminate the identity and integrity that shape who we are, as individuals and nation.

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boss-spying-on-youBerbagai isu kebocoran data pribadi seperti yang baru-baru ini berlaku pada data registrasi nomor telpon seluler di Indonesia, dan juga pada data pengguna Facebook di Amerika Serikat (AS), membawa kita kepada pertanyaan yang lebih fundamental, yaitu hak privasi terhadap data. Apakah hak privasi itu sendiri?

Jarang didefinisikan, namun sering diperdebatkan. Misalnya, dalam menyikapi isu penyadapan komunikasi oleh penegak hukum di Indonesia, masyarakat kita berpolemik sejauh mana penyadapan bisa dilakukan, mengingat efeknya yang mengoyak kebebasan dalam berkomunikasi. UUD 1945 menjamin hak kita untuk berkomunikasi dan menyampaikan pemikiran atau pendapat. Jika komunikasi kita disadap, maka hak kita sudah disunat. Dalam konteks inilah Dewan Keamanan Nasional AS dikritik tajam ketika mantan pekerjanya Edward Snowden mengungkap praktik Badan itu dalam mengawasi komunikasi dan data pribadi pengguna Internet AS dan global.

Di Malaysia, pengadilan memvonis salah perbuatan memasang kamera CCTV di pekarangan rumah sendiri namun mengarahkannya ke halaman rumah orang lain karena mengganggu privasi tetangganya. Di Afganistan, orang dilarang memanjat genteng rumahnya sendiri sebelum memberitahukan tetangganya agar si jiran tidak terlihat dalam kondisi yang memalukan. Di Korea, kamera telpon seluler harus disetting dengan suara yang cukup nyaring sehingga orang tahu jika ia difoto di kawasan publik. Semua contoh diatas muaranya sama, yaitu melindungi privasi orang.

Kita tidak ingin teknologi modern yang nisbi menggerus sisi kemanusiaan yang universal dan hakiki. Teknologi informasi kita di negeri ini tidak boleh bebas nilai, dan tidak boleh pula miskin nilai. Koneksitas dan mobilitas yang semakin baik merupakan anugerah yang harus kita syukuri. Namun perlu diingat, koneksitas tidak dapat menghapus identitas, dan mobilitas tidak bisa meminggirkan integritas. Majulah TI di Indonesia.

Berasal dari bahasa Inggris, “privacy” berarti hak untuk bersendirian dan untuk tidak diawasi oleh orang lain. Padanannya dalam bahasa Arab adalah “huquq fardiyyah” (hak-hak pribadi) atau “huquq al-hurmah” (dignity atau maruah).

Dalam dialektika Alquran, Continue reading

Data Breach a Test to Our Digital Resilience

By: Sonny Zulhuda
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Malaysian public has recently been perturbed by a series of personal data breach one after another. While the investigation is taking place, one can only expect that what has surfaced may only be a tip of an iceberg.
As the country embraces digital economy and aims at a cashless society by 2020, this data security crisis becomes a part of the equation. More digitised information and more synchronised data mean a bigger risk of data breach calamities. As a country, there is no backing out from this equation even though that means we have to learn it hard.
As a consequence, a data breach is not a matter of ‘whether’ but is a matter of ‘when’ it will happen. This requires us to adopt a risk management approach. Failure of managing the risks can be increasingly costly. The problem is, it is too often when we realise there is a data, it may be already too late. The alleged leak and illegal sale of Malaysian telecommunications data are said to have happened years ago. By now, we are already five years too late!
Time is of the essence here. As we start to learn about the breaches that took place, swift actions are warranted. There are few points to consider by all the stakeholders.
Firstly, data users can do the least by keeping the public informed about what is going on.
Even though our PDP law does not oblige data users to notify data subjects about any breach, this is warranted for transparency and trust preservation, and hence their business continuity plan.
Secondly, we should treat this as an issue of national security.
Not only because massive data of the majority of the public is affected, but also because those data come from the telecommunications and financial industries which are deemed among the ten critical national information infrastructures (CNII) as outlined by the Malaysian National Cyber Security Policy (NCSP) 2006. So, data security under this CNII must be given utmost priority. Both public and private sectors must cooperate in dealing with the crises.
Thirdly, it is time to test the mechanism of our law.
These incidents of a personal data breach either maliciously or negligently occurred, will need to be tested against the Personal Data Protection principles enshrined in the Act. The authority needs to speed up the activation of the Personal Data Protection Act (PDPA) 2010 after some “day-nap”. Other agencies need to help in accordance with the statutory powers granted to each of them.

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The year 2017 is notably the beginning of some successful prosecutions under the Act, which is a crucial milestone in itself. On a positive note, we should take this crisis as an opportunity to also prove our legal mechanism. 

On top of that, what we are facing now is something bigger: it is testing our resilience as a nation. The challenge is more than a damage control: it is to deal efficiently with the massive data crisis like what is happening now.

This is not a one-off duty as data security is a process rather than a result. As Vince Lombardi was once famously quoted, it is not so much about how we fall down, but rather on how to raise back. And by “we” I mentioned in this last paragraph, it is you and me and every one of us the individuals to whom the personal data actually belong to.

Ransomware Attack: How a PDP law compliance can be of any help

By: Sonny Zulhuda

Ransomware

No! We are not talking about how to cure a ransomware attack such as “WannaCry” after it happens. That is not going to happen. Legal compliance is, from the perspective of business continuity and data disaster management, always at the “preventive” side rather than “curative” or “recovery” domain. Just like how technically a data backup is more preventive rather than reactive.

Then, are we saying that complying with Personal Data Protection law is going to prevent incidents like ransomware attack? Not necessarily true. But obviously, by keeping yourself updated about legal requirements pertaining to personal data protection, you will activate a “standby” mode.

Complying with the legal requirements on data protection such as Data Security and Data Retention standards, for example, people in your organisation are made aware that some security measures had to be put in place to protect the personal data system, which often overlaps with other database or information systems in your organisation: payroll system, human resources system, financial system, CRM system, and so on, because in each of those there are personal data of data subjects that you or your organisation process/processes.

That is why, a compliance with PDP law such as the Malaysian Personal Data Protection Act 2010, can be a gateway to better data protection in your organisation from unwanted attacks or other risks to the data integrity and security. In fact, the PDPA 2010 hints that a data due diligence

In fact, the PDPA 2010 hints that a data due diligence such as your data risk management that you conduct in your organisation will not only mitigate the risk to data attack but also will be your “legal defence” in case such attack takes place despite your mitigating measures. This is what transpires from the provisions of the PDPA 2010.

So, the equation is not complicated:

Data due diligence = legal compliance + risk management = legal defence

Good luck! 🙂

Speaking at the Global Information Governance Summit (GIGS 2013)

By: Sonny Zulhuda

ImageThis is just to share of my upcoming presentation at the Global Information Governance Summit (GIGS 2013) that is held in Kuala Lumpur, 28th-29th of May 2013.

I will be speaking in the session 3 of day 2, entitled “Selected Issues in Information Security Law and Data Protection”. I will be speaking more specifically about the threat of identity theft; spam; data surveillance and cyber-terrorism!

The event is jointly organised by the QC Consulting and Universiti Teknologi Malaysia (UTM) Space. Here is the snapshot of the agenda at the second day.

 

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The list of the speakers are amazing. I hope I can deliver something new to the audience. Let me know if you’re there too. That is for now, will share more when things are done!:)

The Problems of Identity Theft in Malaysia in the Light of the Personal Data Protection (PDP) Act 2010: A Hope Rejuvenated?

By: Sonny Zulhuda

Nope, this is not (yet) a ready paper. It’s an ongoing research that I am now conducting, funded by an internal research grant. It takes as the background the revolutionary growth of the information and communications technology and its use in the storing, processing and disseminating personal information.

We all know that such phenomenon (ICT+data processing) has unveiled one huge challenge in the form of identity theft. Described as unlawful acquisitions of personal data that belongs to others, identity theft incidents are reported in Malaysian media on regular basis. The lost, stolen or compromised personal data has not become an incident of its own. Rather, it provides “ammunitions” for further action such as credit cards forgery or impersonated bank accounts that are used as a platform for further crimes.

Recently local newspapers had flooded us with news on these, such as these:

“RM4mil (Rp11.2bil) stolen within first three months”

Malaysians have lost RM4mil through phishing (identity fraud) within the first three months of the year alone. There were 457 cases recorded in the first quarter of the year, exceeding the 353 reported for the whole of last year where the victims lost a total of RM1.2mil. In 2009, only 75 cases were reported with total losses of around RM215,000. Federal Commercial Crime Investigations Department director Commissioner Datuk Syed Ismail Syed Azizan said the number of cases reported this year had reached a record high with authorities and the banking industry being almost powerless to curb it. (Click here for the report)

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