Data Breach a Test to Our Digital Resilience

By: Sonny Zulhuda
DSC_0025
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.

7E3A8212

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.

Advertisements

“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

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)

Do-Not-Call Registry (DNCR) to Protect Personal Data?

By: Sonny Zulhuda

In March, I featured in The Sunday Star (9/3/2014) reporting on the need to establish a “Do not call registry” to protect people’s personal information. The main issue discussed was to scrutinize an initiative to have a DNCR and its operational and legal challenges. The full report can be traced here.

Image

 

The question that was posed to me was: (1) How good is the idea of DNCR for Malaysian consumers? AND (2) Do you foresee any issues that might arise when they  implement this?

Here are my comments:

  • The PDPA 2010, unlike Singapore’s law, does neither provide nor mandate specifically about Do Not Call (DNC) registry.
  • Nevertheless, DNC registry is an advanced step towards protecting individuals personal data, therefore it is highly commendable. It does require a carefully-structured procedure and rules. Continue reading

Personal Data Protection Act & Information Assurance – at ISACA Evening Talk

By: Sonny Zulhuda

I will be speaking on the above topic this week (Tuesday, 18th February 2014) to  IT Governance professionals affiliated under the ISACA Chapter Malaysia. I was informed at least one hundred people will be attending.

ISACA Feb 2014This will be my first speech on PDPA after the lapse of 3-month grace period set up by the PDP authority in Malaysia. I can foresee the level of enthusiasm from participants is high.

Details are here: http://www.isaca.org/chapters3/Malaysia/Documents/Talk%20-%20PDPA%20-%20Feb%202014%20FINAL.pdf

Here is the home page for the Chapter: http://www.isaca.org/chapters3/Malaysia/Pages/default.aspx

  • December 2017
    M T W T F S S
    « Nov    
     123
    45678910
    11121314151617
    18192021222324
    25262728293031
  • Visitor

    free counters

  • Enter your email address to subscribe to this blog and receive notifications of new posts by email.

    Join 1,582 other followers