PDP Act 2010–Where do we go from here?

By: Sonny Zulhuda

Panelists L-R: Prof. Abu Bakar (UM), Sonny (IIUM) and Edwin from KL BAR. Source: KL BAR

The above is the title of my presentation at IT LAW FORUM organised by KL BAR jointly held with KDU University College on 12 November 2010. I spoke at the panel after Prof. Abu Bakar Munir who was the adviser for the Government of Malaysia on the drafting of PDP Act 2010 (See: the unamended PDP Bill).

While Prof. Abu Bakar talked mainly on the duties and obligation of Data Users as well as Data Protection Principles, I presented the topic from another perspective, i.e. the data subject which refers to the individuals whose personal data become the object of business by data users. That simply means you, me and everyone!.

For the recall of the event in general, you may want to check at the KL BAR blog site here.

In this page I will recall especially the discussion (Q&A) that arose in the forum. Continue reading

Rights of Individual under Data Protection Law

By: Sonny Zulhuda

In the week that passed I spoke in one national seminar on Personal Data Protection Act that took place in the The Ritz Carlton Kuala Lumpur, July 21, 2010. The audience came from various industries including banks, regulators, insurance, medical services, investment as well as legal firms.

My session that went between 12.00 -01.00 pm focused on the Rights of Individuals as Data Subjects under the newly-passed Personal Data Protection Act 2010 of Malaysia. Those rights of data subjects were provided in Part Two, division 4, sections 30-44. In short, those rights can be enlisted as follows:

  • Right to access
  • Right to correct data
  • Right to withdraw consent for data processing
  • Right on sensitive data
  • Right to prevent distress/damage
  • Right to prevent direct marketing

The session was ended with discussing some prominent issues that confronted individuals such as issues of workplace monitoring, junk mail/spam, data theft, and pictures taken at public places. One important message (of many) that I discussed with audience was that, in order to achieve better implementation of law, organizations should see and manage it using the perspective of individuals, not merely that of the organisation; because in organisations, their people (employers, employees, business partners) are all data subjects too.

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

Personal Data Protection (PDP) Bill 2009

By: Sonny Zulhuda

This November 2009 is marked with the tabling of a long-awaited law in the Parliament of Malaysia: the Personal Data Protection (PDP) Bill 2009. The complete draft can be obtained from the Parliament’s Website. Professor Abu Bakar Munir from University of Malaya has shared with us his views on the overview of the law. My further comments will also follow in due course.

This is a good news for Malaysian public. The days full with series of unsolicited calls and mails from marketers may in the near future be counted. We hope for the best to come out from this legislative exercise. Good luck MPs!

Note: for a related law on credit reporting agencies, you can check another draft Bill on Credit Reporting Agencies Bill from the Parliament’s website.

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