Speak Privacy an Asian Way — at Asia Privacy Bridge Forum in Korea

By: Sonny Zulhuda

seoul.jpg

Last week I received this invitation letter to speak at the Third Asia Privacy Bridge Forum, hosted by Barun ICT Research Centre, Yonsei University, Seoul, South Korea towards the end of June 2017. The Director of the Centre, Dr. Beomsoo Kim noted that this Forum is supported also by KISA (Korea Internet and Security Agency) and the Korean Ministry of Interior. I am asked to speak about the development of the data protection laws in two countries Malaysia and Indonesia.

This is an exciting surprise. Not only because it would be my first visit to Korea, but also because I will have an invaluable opportunity to mingle with the Asia Pacific and international network on privacy and data protection; and to share with them what is up in Malaysia and Indonesia on this subject. There are other speakers who are expected to speak from different jurisdictions: Korea, Japan, Singapore and China. After all, the event sets as an ultimate aim a common desire to move forward collectively and globally in addressing the challenges of enforcing data privacy laws.

From the Malaysian perspective, this is the time to showcase what it has done or set to do beyond the initial period of public education on the law. What has been done towards enforcement? That is specifically questions that I would like to share during the Conference. Besides, the fact that the industries have moved further to issue self-regulatory Codes of Practice is also a stimulating development.

From the Indonesian perspective, there is quite a few development to share. In the past year, it is noteworthy that the 2008 Law on Information and E-Transaction (“UU-ITE”) was amended by the  Parliament to strengthen some aspects of the law, including on the “Right to be Forgotten”. Then, still in 2016, the Information Minister issued a new Ministerial Regulation on the Protection of Personal Data Processed Electronically. This regulatory piece is indeed a milestone to the data privacy law in Indonesia, albeit that it is a subsidiary legislation, rather than a parliamentary statute. Beyond this, there is this Bill draft of the Personal Data Protection Act that has been consolidated in early 2017.

With all these development, I hope I can portray insightful updates to the Forum and ultimately to everyone who shares the interest on this subject. But first, let’s hope my visa is ready on time.

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! 🙂

“Can my lecturer access my personal information?” – And Other Issues of Data Protection at the Higher Learning Institutions 

By: Sonny Zulhuda 

In the past week alone, I spoke about the personal data protection law at two Malaysian public universities; Universiti Sultan Zainal Abidin (UniSZA) Kuala Terengganu and Universiti Malaysia Pahang (UMP) Pekan. While the former was an internal programme, the latter talk was attended by other public universities’representatives who were members of Majlis Tatatertib dan Disiplin Universiti-universiti Awam Malaysia (MATDUM).

In this post, I would like to note some discussions we had on the implementation of the Personal Data Protection Act 2010 at the University environment.

IMG_20170319_095449

The education industry is indeed among those where personal information is highly processed. The data subjects include students (prospective, actual and graduates), university’s employees, as well as any individuals involved in the data processing.

Continue reading

Open Government and Cyber Security in Malaysia

By: Sonny Zulhuda

Open government is the notion that allows transparency of governments in running matters pertinent to public interests. According to that concept, the government shall allow its citizens an access to government documents and a right to obtaining information relating to public matters.

In Malaysia recently, the Open Government initiative was represented in the Public Sector Open Data Portal programme which was launched in September 2015 by MAMPU, a Unit under the Prime Minister’s Department. It declares that the aim of such initiative is to open and share government data to public and hence to enhance transparency and efficiency of government and to create a digital innovativeness.

 

With this background, the question of how the Government deals with the increasing demand of freedom of information and other challenges ranging from personal data to the government data security is worth examining. I was invited to talk about this at an international conference hosted by Sydney Cyber Security Network, the University of Sydney, Australia. In my presentation, I highlighted a recent initiative of open data in Malaysian public sector and the related challenges on data security, privacy and information surveillance.

I was also looking at the recent developments in Malaysia relating to the enactment of personal data protection law and recent policies relating to critical infrastructure protection. Lessons from cases and incidents surrounding information security and personal data breaches were discussed to trigger discussions on relevant solutions and best practice.

Among the key summary of my talk in Sydney was as following:

  • Open Government is underway, but more economically-motivated and narrowly looked at “open data”. A long way to the “open government”.
  • Cyber security governance enhances the security of data in the Malaysian cyberspace. However:
  • There is a striking imbalance in the legal framework between the protection of secret on one hand, and the freedom of information on the other.
  • The data privacy law boosts the transparency in the private & commercial sector, but it is a missed opportunity for an open government.
  • The open government initiative needs to be supported as national agenda, to be backed by a stronger law and national policy.

Developing Privacy-Friendly Mobile Apps: Takeaways for Mobile Developers

By: Sonny Zulhuda

Image credit: computerworld.com

Image credit: computerworld.com (click on the image for full display)

This week (28th Aug) I will be participating in a national event dedicated for the modern digital lifestyle in Malaysia, named KL CONVERGE! which runs from 27th-29th August 2015 at Kuala Lumpur Convention Centre (KLCC) in the heart of the Malaysia’s capital. Visit the site here: http://www.klconverge.my/.

As the site highlights, KL CONVERGE! is a multi-platform digital content and creative industry event showcasing the world’s latest achievements and opportunities in the music, film, gaming and Internet space. It seeks to provide an immersive experience to show “how technology and content is an everyday part of our lives.” The event is bringing together leading industry executives from multimedia, applications, Internet and creative content to discuss, deliberate, showcase and celebrate the issues, opportunities and successes in digital space.

I have a honour to be part of the event to speak about key privacy issues for mobile apps developers – thanks to my friends and partners at the Data Protection Academy (DPA) LLP (Noris and Eddie). The discussion will reflect the new legal landscape brought about by the Personal Data Protection Act 2010 that concern mobile apps designers and developers. It’s this Friday, 28th August 2015 at 4.00PM (not one of the best time to listen a talk – sigh) at Room 306 KLCC Convention Hall. It is adjacent to the majestic Petronas twin tower, and it is a free admission event 😉 (ugh.. still..) (*_*)

In the one-hour talk, I will demonstrate the salient features of the data privacy laws in Malaysia and the emerging global trend, especially concerning the users/consumers of mobile apps. Issues such as data collection, notification and retention will be touched. Not less importantly will be the issue of personal data security that each mobile apps developer will have to consider when they decide to retain users’ personally identifiable information (PII). But on top of all those, I am posing a big question: “Should you ever collect the users’ personal information at all?” — I am at the moment finalising my presentation and will share here the key points in due course. See you there, if you make it:)

Making sense of Dark Data

By: Sonny Zulhuda

BIG-DATAWhile big data is by now a commonly heard term, dark data is not. Some participants in the recently-held Singapore Symposium whispered to me that they had never heard about the term – so you can say they were in dark about Dark Data.

The term is new to me as well! Except that I have had a little earlier opportunity than those guys to read about it and to finally make sense of it.

It all rooted from the fact that we have had an abundance of data around us, and how much those abundant data are capable of being sourced as information. Yes, it is about Big Data. As we know, Big Data is about quantifying everything possible to be a data. A person’s identity is no longer depending on what is printed on documents (ID, passport, certificates) about him. A person is now identifiable from his mumbling words, his movement, his location, his mood and even the pattern of what he will do every day. All those data are being quantified and measured due to their availability from myriads of media, devices, and interactions (both human and artificial). What makes it possible? You name it: Mobile gadgets, Social media, CCTVs and commercial transactions you have been making, to name a few.

In organisational life, the same is happening. More and more data are collected and stored by organisations, manually and electronically. Data of employees (and their mumbling words, movements, location, mood, etc.), of visitors, of business transactions, of internal meetings, of vendor’s works, of all reports, records and repositories, etc. are increasingly collected, stored…. but not necessarily used. In many occasions those data are no longer usable after their first collection, and yet they still fill up the organisation’s storage (recent research indicates that these unusable data may stack up to 70% of oganisations’ data).

Those are dark data. Untapped, untagged and sometimes unknown data.

Now is this: the fact that they remain unused does not mean they are valueless. You can run this simple test: Should you dump all these data to your competitor or any third party, would there be a loss to suffer? What about a competitive loss, breach of secrets, infringement of privacy, reputation loss, legal liability? If yes, then such Dark Data should be urgently managed.

That is the first message that I delivered in my 1-hour talk in Singapore yesterday.

Information Governance and Dark Data Management

By: Sonny Zulhuda

Next week on 7th July 2015. Carlton Hotel, Singapore. The event’s name is Innoxcell Asia Symposium 2015 on Legal Risk, Compliance, e-Discovery, Financial Crime, Corporate Governance and Data Privacy.

I will be speaking on one compelling issue concerning the information governance, namely dark data management.

Dark Data (credit: http://www.cio.in)

Dark Data (credit: http://www.cio.in)

Techopedia defines “dark data” as “a type of unstructured, untagged and untapped data that is found in data repositories and has not been analyzed or processed. It is similar to big data but differs in how it is mostly neglected by business and IT administrators in terms of its value.”

Dark data is operational data that is not being used. Consulting and market research company Gartner Inc. describes dark data as “information assets that organizations collect, process and store in the course of their regular business activity, but generally fail to use for other purposes.” (Citation from TechTarget).

It was reported in Forbes that these class of data, similar to dark matter in physics, cannot be seen directly, yet it is the bulk of the organizational universe.

The background of this talk is the fact that the amount of operational information —both structured and unstructured— that companies create and store are drastically increasing due to digitisation and mobility. Dark data management emerged as another challenge for corporate information governance. Under the increasing pressure from new regulatory regime and consumer expectation, corporate data must be well managed if companies wish to survive in today’s information age.

In this session I will explore the nature of corporate information legal risks in the context the Big Data and offers insights on information governance to transform data from a liability into an asset.

For more on the event: Innoxcell Asia Symposium 2015 on Legal Risk, Compliance, e-Discovery, Financial Crime, Corporate Governance and Data Privacy. Will be speaking alongside prominent international speakers, who can be retrieved from here.

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