Privacy Law In Malaysia

In may 2010 the personal data protection act. However there have been occasions where the courts did find that a person s privacy had been intruded especially where there is a case for breach of confidence e g doctor patient relationship. On november 14 2013 the minister of the malaysian communications and multimedia commission the minister announced that malaysia s personal data protection act 2010 the act would be going into effect as of november 15 marking the end of years of postponements the following features of the law are of particular significance.

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Industry specific legislation in respect to data protection existed in the banking and finance healthcare and telecommunications industries amongst others.

Privacy law in malaysia. Any information may be considered as personal data under data privacy law in malaysia if a specific individual is identified or identifiable from that information or from that information and other information in the possession of the data user. The laws of malaysia series lom is a compilation and reprint of laws published in volume form pursuant to section 14 a of the revision of laws act 1968 act 1 it is the only official and authentic publication of the laws of malaysia. Even though there is no principle on the right to privacy in malaysia the federal court case of sivarasa v badan peguam malaysia anor1 held that the right to personal liberty under article 5 1 of the federal constitution includes the right to privacy. Key acts regulations directives bills primary legislation prior to 2010 the regulation of personal data was governed mainly by industry specific legislation.

Malaysia s first comprehensive personal data protection legislation the personal data protection act 2010 pdpa was passed by the malaysian parliament on june 2 2010 and came into force on november 15 2013. To date there is no statutory enacted law that guarantees a malaysian citizen of his privacy not to be invaded save for the personal data protection act 2010 pdpa which deals specifically with personal data rather than privacy itself more on that below. The nst leader on march 1 make it a punishable offence proves two things one a large section of the general public is still ignorant of the law of privacy and two even if they know of the existence of the law the penalty for invasion of privacy is so inadequate that they do not fear breaking the law. In malaysia the courts are generally unwilling to accept that there is a general principle of invasion of privacy.

Personal data protection department pdpd is an agency under the ministry of communications and multimedia commission mcmc was established on may 16 2011 after the parliament passed the bill relating to the personal data protection act 2010 pdpa of act 709.