Topic 3

Laws of Malaysia
Act 709
Personal Data Protection Act 2010

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Introduction
This Act regulates all companies who process
personal data in commercial transactions.
(Kheng Hoe & Partners)

It would be the legislation in Malaysia which deals

with the protection of personal data
The principles of data protection laws contained in
the PDPA are quite similar to the principles in other
jurisdictions such as the UK and Singapore.
(Azman Davidson & Co, 2015)
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Scope
aims to regulate the collection, holding, processing and
use of personal data in commercial transactions and also
to prevent malicious use of personal information.

This piece of legislation plays a crucial role in

safeguarding the interest of individuals and makes it
illegal for anyone, be it corporate entities or individuals,
to sell personal information or allow such use of the data
by third parties.
(LegalTAPS, 2010)
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Rights Of The Data Subject

The Act accords various rights to individuals to
safeguard their personal data, such as:
– The right of access to personal data;
– The right to prevent processing for the purposes of direct
marketing;
– The right to correct the personal data;
– The right to prevent the collection, holding, processing or
use of any personal data which is likely to cause damage or
distress; and
– The right to withdraw such consent.
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Background
Date of Royal Assent – 2 June 2010
Date of publication in the Gazette – 10 June 2010
Arrangement of Sections
– Consist of 11 Parts
– Part II has 4 Divisions
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Arrangement of Sections
I. Preliminary
II. Personal Data Protection
III. Exemption
IV. Appointment, Functions and Power of Commissioners
V. Personal Data Protection Fund
VI. Personal Data Protection Advisory Committee
VII. Appeal Tribunal
VIII. Inspection, Complaint and Investigation
IX. Enforcement
X. Miscellaneous
XI. Savings and Transitional Provisions
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Part II: Personal Data Protection Principles

Division 1 : Personal Data Protection

Principles
Division 2 : Registration
Division 3 : Data User Forum and Code of
Practice
Division 4 : Rights of Data Subject
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Operation and application of the Act (I)

The Act applies to:

(a) any person who processes;

(b) any person who has control over or authorizes the

processing of any personal data in respect of commercial
transactions and such a person is a “data user”; and

* For further info please refer PDPA 2010

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Operation and application of the Act (III)

A data user:
– “… a person who either alone or jointly or in common with
other persons processes any personal data or has control
over or authorizes the processing of any personal data, but
does not include a data processor”.
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What is personal data?

Any data which can identify a person is considered
personal data.
There are 2 categories of personal data as follows:
Personal Data Sensitive Personal Data
Name Physical health or condition
Address Mental health or condition
Tel No Political views
Email Religious or other similar beliefs
Gender Criminal records
Date of birth Any other information deemed by the Minister
Photos to be sensitive personal data
Videos, etc
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Processing personal data

Seven principles of the Act
The processing of personal data by a user shall be in
compliance with the following Personal Data
Protection Principles, namely:
(a) the General Principle;
(b) the Notice and Choice Principle;
(c) the Disclosure Principle;
(d) the Security Principle;
(e) the Retention Principle;
(f) the Data Integrity Principle; and
(g) the Access Principle.
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Penalties
Failure to comply with the provisions of the law is
punishable by a fine not exceeding RM300,000
and/or imprisonment for a term not exceeding two
years, or both.
Subject to the due diligence defence, directors,
managers or other similar officers have joint and
several liability for non-compliance by the body
corporate.
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References
1. http://www.kkmm.gov.my/pdf/Personal%20Data%
20Protection%20Act%202010.pdf
2. http://www.taypartners.com.my/v5/download/Leg
alTAPS-Aug2010.pdf
3. http://klbar.blogspot.my/2013/08/article-personal-
data-protection-act.html
4. http://www.azmandavidson.com.my/personal-
data-protection-act-2010/