“PROTECTION OF PRIVACY RIGHTS : A NEED TO REVIEW THE MACC ACT 2009 UNDER THE NEWLY ENACTED PERSONAL DATA

PROTECTION ACT 2010” 6 Jan 2012 INTRODUCTION The article “MACC List being used by U.S”(New Straits Times, Malaysia, 15 Dec. 201 1) at page 8 raised significant issues for discussion and resolution. COMPETITIVE ANALYSIS The MACC List contains the names of those who have been convicted of graft from 1st January 2010 when the MACC Act 2009 came into force. As far as clear the “Con viction List” is concerned, there is no breach of privacy rights and informational data of an individual. However, the “Kept-in-View No Conviction List” is a major concern. To list out those who are not yet convicted of graft/crime is a breach of privacy rights protecte d under the newly enacted Malaysian Personal Data Protection Act 2010 in certain aspects particularly informational data of an individual. CRITICAL WEAKNESS This is one apparent weakness of the MACC Act 2009 which was not fully addressed and debated in Parliament prior to its enactment. CONCLUDING REMARKS The statement “Even if you are under investigation(on a corruption charge), you wo uld be ‘kept-in-view” until you are cleared” by Datuk Hisham Nordin (Monitoring and Co ordination, Corruption National Key Results Area Monitoring, Malaysia) is there fore contrary to criminal rights protection under the common law principle of “Inn ocent until proven guilty” encapsulated in the present criminal law provisions and international human rights protocols observed in the United Nations Universal Declaration of Human Rights1948. ……………………… Jeong Chun Phuoc Expert Consultant at a major law firm in Kuala Lumpur, Malaysia, and a Lecturer-in-Law and a pioneer advocate in Competitive Legal Intelligence(CLI) and a Reader in Syariah Competitive Legal Intelligence(sCLI) He can be reached at Jeongphu@yahoo.com **The above professional analysis is the writer's personal view and in no way re present the view/position of the research institutes/thinktanks/organisations t o which he is currently attached to.

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