MALAYsIA
timothy siaw
Messrs Shearn Delamore & Co
PRotECtInG DAtA
In MALAYsIA
Malaysia’s Personal Data Protection (PDP) Bill was tabled in Parliament in or is recorded with the intention that it should wholly or partly be processed
November last year. It aims to regulate the processing of personal data of by means of such equipment. Th e data must relate directly or indirectly to
individuals in commercial transactions by data users, in order to safeguard
an individual, who is identifi ed or identifi able from that information or
the individual’s personal data and interests. Th e bill is expected to become
from that and other information in the possession of a data user. Such data
law in substantially the same form later this year.
could include sensitive personal data and opinions about the individual, but
Th e tabled PDP legislation will provide individuals with rights of access
would not include any information that is processed for the purpose of a
to their personal data and the ability to correct these. An individual will
credit-reporting business under the proposed Credit Reporting Agencies
also have the right to withdraw consent to process his personal data and
legislation.
to prevent its use for direct marketing or purposes that are likely to cause
‘Processing’ is defi ned as collecting, recording, holding or storing the personal
damage or distress.
data or carrying out any operations on the personal data, including the:
Another objective of the tabled PDP legislation is to provide Malaysia with a
• Organisation, adaptation or alteration of personal data
level of protection for personal data that is adequate to ensure it can be freely
transferred to Malaysia, as is required for global electronic commerce and
• Retrieval, consultation or use of personal data
trade, using new and emerging technologies. • Disclosure of personal data by transmission, transfer, dissemination or
otherwise making it available
Application
• Alignment, combination, correction, erasure or destruction of personal data.
Th e legislation will apply to any ‘person’, be that an individual or a company,
in Malaysia who processes and/or controls the processing of any personal
‘Commercial transactions’ are any transactions of a commercial nature,
data for commercial transactions. It will also apply to a person who is not
whether or not contractual, including the supply or exchange of goods or
established in Malaysia but uses equipment in Malaysia for processing
services, agency services, investments, fi nancing, banking and insurance,
personal data for reasons other than transit through Malaysia.
but excluding any credit-reporting business carried out under the proposed
Credit Reporting Agencies legislation.
‘Personal data’ is defi ned as any information related to commercial
transactions that is processed wholly or partly by means of equipment All data users who have collected data from an individual or any third party
operating automatically in response to instructions given for that purpose before the PDP legislation takes eff ect will have three months to comply with it.
110 World Intellectual Property Review Digest 2009
www.worldipreview.com
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