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 including: 1. Dr. Beomsoo Kim (Yonsei University, South Korea); 2. Jongsoo Yoon (Lee & Ko, South Korea); 3. Dr. Kaorii Ishii (University of Tsukuba, Japan); 4. Dr. Warren B. Chick (Singapore Management University); 5. Dr. Sonny Zulhuda (International Islamic University Malaysia); 6. Mr. Eunsil Lee (Seoul Metropolitan Police Agency); and Rona Morgan, Singapore-based IAPP Asia Director.

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.

UPDATE: the visa was ready on 23rd June, and I’m scheduled to fly on Sunday night.

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.

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Data Sovereignty vs Data Localisation Law

By: Sonny Zulhuda

Transferring personal data beyond national boundaries has been a point of contention under many data protection laws across the globe. The European Union adopts this restriction that such transfer beyond EU boundaries cannot be done unless to the countries or places which have adequate protection on personal data of individuals.

Cloud-Data-SecurityThis rule is associated with the concept of “Data Sovereignty” which says that a country shall not lose a control or sovereignty over the processing of personal data pertaining to data subjects from that country. It also imposes that information which has been stored in digital form is subject to the laws of the country in which it is located. Therefore, a control over trans-border data flow is a form of upholding data sovereignty.

The concept of Data Sovereignty is reflected in the EU Data Protection Directives 1995 recitals whereas:

  • cross-border flows of personal data are necessary to the expansion of international trade;
  • the protection of individuals guaranteed in the Community by this Directive does not stand in the way of transfers of personal data to third countries which ensure an adequate level of protection;
  • the transfer of personal data to a third country which does not ensure an adequate level of protection must be prohibited.

As much as we are concerned with personal data transferred beyond our border, we also appreciate that personal data is inherently needed for the International trade and International cooperation. Hence, when a personal data is subject to trans-border flow, there shall be no discriminatory treatment to the citizen’s personal data despite where it is processed.

Data Localisation Law

This data sovereignty is sometimes confused with the rules of “Data Localisation”, which is totally a different thing. Data localisation laws set forth requirements to keep and store data “locally” (i.e., within national or regional borders), and thus not allowing data users to transfer data beyond borders. Consequently, any foreign party who wishes to collect or process personal data of individuals will be required to establish a local data storage facilities in the country of those individuals. Continue reading

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

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:)

Data Protection in the Era of Big Data, the Internet of Things (IoT) & Cloud Computing

By: Sonny Zulhuda

ALB Conference 2015This is the second such conference being organised by ALB/Thomson Reuters on Data Protection following the successful event a year ago. I spoke in a panel session last year, and will be speaking again this time. The conference will be on Thursday, 7th May 2015 at the JW Marriott Kuala Lumpur.

Keynotes will be delivered by Trevor Hughes, President of the International Association of Privacy Professionals (IAPP); Dr. Zainal Abidin Sait, Deputy Director-General of the Personal Data Protection Malaysia Department (PDPD); and Prof. Abu Bakar Munir, who was the Data Protection Consultant to the Malaysian Government.

My panel session is the one slotted at 16:10, focusing on “Data protection in the era of Big Data, the Internet of Things (IoT) & cloud computing,” covering the Jurisdiction and marketplace: Asia Pacific, EU and US.

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