Not All Personal Data is Covered by PDP Act 2010

By: Sonny Zulhuda

The illustration above tells us the scope and limitation of the Malaysian Personal Data Protection Act 2010. It is a summary taken from diverse provisions of the Statute.

Given those limitations, the following would not likely be protected by the Act:

  • Your personal data contained in the electoral rolls, taxpayers database under the Inland Revenue system Continue reading
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Mind Your Corporate Data – And Who They May Actually Belong to (An Abstract)

By: Sonny Zulhuda*

Information is the lifeblood of today’s business, and the corporate citizens cannot agree more on this in the present fiercely competitive world, where the source of power has to be redefined, and wealth creation needs to be re-identified. The raw data that in the past just remained in the archives had now become the goose that lays the golden eggs. These golden eggs are in the form of valuable information assets from which the companies exploit and generate their wealth.

Bunch of those raw data, however, do not exclusively belong to the companies who retain them. The customers database, for example, may be a collection of personal, financial and commercial information that originally belong to individuals – either of those internal parties such as employees and shareholders; or of external stakeholders including customers, business partners, and vendors/suppliers.. Can companies regard them as their own property? This may be a contentious issue, depending on how the data was initially obtained: where, from whom, and in what manner or circumstances.

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Personal Data and E-Security (3) – Its Implication to Business Organizations

By: Sonny Zulhuda

Implications of Data Protection Laws to Business Organizations

Whichever approach being preferred, it is quite true to forewarn industries and business organizations that the legislatures worldwide are seeking even wider legal measures to protect personal information. It will someday come to the point where all matters will be regulated.

To enable continued business activities and growth, organizations needs to be alert of the legal risks surrounding the personal data protection. The legal fences being enacted will automatically reduce the organizations’ liberty to conduct activities previously enjoyed. Especially with ever increasing consumerism that keeps watching the industries, puts them in liability risks whenever principles of data collection and use is ever infringed. The lack of awareness in this aspect will certainly position them in high risk too. There seems no available option for business organizations other than to follow and comprehend the development of the law and safely avoid legal liabilities.

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Personal Data and E-Security (2) – Global Responses to Data Protection

By: Sonny Zulhuda

Legal Responses and Liabilities to the Personal Data Protection

The apprehension of consumers regarding the use of their personal data is increasing. A survey on March 2001 published by the Asian Wall Street Journal and Harris Interactive found that 73% Net users are concerned with their personal privacy on the Internet (AWSJ, 22/3/2001). This fact and many more similar surveys conducted worldwide brought policy makers to ponder on how, and to what extent, the state can make laws and regulations to protect people’s right to control the use and exploitation of their personal data in the networked world.

Questions as to which approach is more effective arise. And there are at least two different approaches being championed by different jurisdictions, and eventually inspired others in the world to adopt. The choice is between having state’s legislation to regulate this problem or to leave the Internet industries to regulate themselves. It is submitted that a working knowledge of those legal requirements is essential for parties in a business organizations involved with data systems that store or process the personal data of members of the public.

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Personal Data and E-Security (1) – From Liabilities to Asset Management

By: Sonny Zulhuda

This paper seeks to provide an overview of the legal risk liability issues that arise in the management of personal data in e-security policies.  It argues that if personal data is properly managed, not only can legal liabilities be avoided but organizations can transform the practice of personal data management into a corporate asset building exercise. At the end of this paper, the reader should understand how personal data should be managed in a proactive and structured manner in the context of an organization’s e-security policies.

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