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.

PDP Law Compliance for Educational Institution

By: Sonny Zulhuda

Educational institutions -universities, colleges, schools, etc.- are among those who are regulated by the Personal Data Protection Act (PDPA) 2010. The data subjects include: students (obviously the main object here), staffs or employees, vendors, alumni, sponsors, as well as those applicants who have yet join the universities/schools.

The amount of personal data are potentially bulky: personal details, medical records, financial and scholarship records, academic records, student societies records, disciplinary records and even post-study information about the students. Given this situation, people who deal with students’ data in the educational institutions would need to ensure their handling of personal data is in line with the demands of the Act.

In introducing the subject matter to the community in the University, I will be speaking in this following workshop, together with my friend Noriswadi Ismail from Quotient Consulting Sdn Bhd and PDP Academy LLP, and Dr. Federico Feretti from Brunel Law School, London, UK.

Banner PDP Workshop AIKOL 28052014 (4)

PDP Act enforcement soon – Are we prepared?

By Sonny Zulhuda

Recent report about the PDP Act 2010 (Act 709) soon to be enforced would naturally receive mixed reaction. Some quarters would be anticipating that news, while others could have heard it like a gong in the middle of the night.

I am glad that I have a privilege to engage with many people from different industries in the past five years, with whom I have shared my views, research and “strategies” on the new law in workshops, trainings and seminars. From the events that I attended or conducted, I find some sectors are more prepared than others in anticipating the coming or implementation of the Malaysian Personal Data Protection Act 2010.

In getting these industries actively moving or preparing, there are few factors that I think are relevant:

  1. Due to existing regulatory framework
  2. Due to their international pressure
  3. Due to individual experiences

Under the first category would appear to be those under certain professional associations, banks and financial institutions. Continue reading

Bank and personal data protection: Why care?

By: Sonny Zulhuda

pic from: mortgagechiliblog.com

Contrary to the traditional belief, information is no longer a mere business processing tools. It is now the very asset that turns to become the commodity of the business itself – becoming more powerful and valuable than any other physical assets. And this is particularly obvious in financial and banking industries where the acquisition of personal data and the adoption of information technology (IT) have both transformed the banking industry as well as the associated operational risk management.

The demand to protect personal data in banking industry comes mainly from two factors. Firstly, the consumers are getting increasingly aware of their right to data privacy. The bulk of their data such as personal and family data, financial information, credit history, employment records, or legal matters are now the target of many predators who wish to acquire them for their benefit, ranging from unsolicited direct marketing, loyalty program recruitment, credit card applications, and even for malicious intent such as identity theft and fraud (or “phishing”).

Continue reading

The Casts in PDPA 2010

By: Sonny Zulhuda

Among the first question people would ask about Personal Data Protection Act (PDPA) 2010 is “whether or not this Act applies to me?” or, if one could answer it in affirmative, “in what why the Act implicates me?”

The PDPA 2010 provides for definition of certain entities that would be in one way or another “implicated.” They are (1) Data User; (2) Data Processore and (3) Data Subject. Thus, the PDPA 2010 operates on these classes of person. It is in this frame you can have your answer whether the Act applies to you, or, in what why it implicates you.

Continue reading

When you “fly”, does your data fly along or fly away?

By: Sonny Zulhuda

Now everyone can “fly”! Yes we know that. But when you fly, will your personal information fly away in the sky? That, not everyone knows.  This is the simple question that makes the backdrop of my recent paper, to be presented in Singapore’s International Conference of Social Science and Humanities (ICSSH2011) at the end of this month.

The paper is entitled: “Personal Data “Up in the Air” – A Tale of Two Malaysian Airlines in Dealing with Consumers Online Privacy.” It is a joint effort with one of my former students Ms. Maryam Delpisheh.

We know that uncertainties and concerns surrounding the privacy of personal information in Malaysia in the wake of many data abuse incidents had led to the passing of Personal Data Protection Act (PDPA) 2010. In a market where personal data has long been widely traded and unjustifiably exploited, the coming of this law could resemble the arrival of a long-awaited messiah expected to correct the evils and rectify people’s problem in a very immediate manner.

Continue reading

“Social Engineering” a.k.a. Phishing

By: Sonny Zulhuda

Yay! I opened my Inbox this morning and I just won another LOTTERY I never participated in! Feeling lucky don’t you? This is what I just received:

 

 

 

PRIZE AWARD NOTIFICATION!!!

We are pleased to inform you of your Email Success in our Computer Balloting made today for winners from the AUSTRALIAN LOTTERY EMAIL AWARD, as part of our Promotional Draws held this month.

This is a Scientific Computer Game in which your Email Address was used. It is a Promotional Program by AUSTRALIAN LOTTERY EMAIL AWARD.It is a Promotional Program that chooses emails world wide to encourage Internet users; therefore you do not require buying Ticket to enter for it. This is an Email Internet Program were winners are randomly selected from all over the world through Computer Draw System and extracted from over 800,000 Email Addresses from Unions, Association and Corporate Bodies listed online.

Below are your Winning Details:
Reference No: 575061725
Batch No: 056490902/188
Ticket No: 07-42-97-66-11-00
Winning Number No: ILP/HW46704/08

Wow. You don’t think I would rush checking for the accuracy or genuineness of this award right? Of course not, because for one simple reason, this kind of message could not deserve even a curiosity let alone excitement. This is obviously a phishing message which is a gateway to identity theft.

Continue reading

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