Privacy Law In Malaysia

Industry specific legislation in respect to data protection existed in the banking and finance healthcare and telecommunications industries amongst others. Data privacy law in malaysia the personal data protection act pdpa which came into force on 15 november 2013 is enacted to regulate the processing of personal data in commercial transactions only and does not apply to the federal nor state government. Unlike other jurisdictions malaysia has no specific law such as a privacy act to protect personal privacy except for the personal data protection act 2010 pdpa which deals with personal data and focuses on regulating the processing of personal data in commercial transactions.

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Data user and data processor.

Privacy law in malaysia. 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. Ii in order to protect the vital interests of the data subject or another person in a case where consent cannot be given by or on behalf of the data subject or the data user cannot. 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. I for the purposes of exercising or performing any right or obligation which is conferred or imposed by law on the data user in connection with employment.

Those statutory conditions are that processing is. As the law stands today unlike other jurisdictions malaysia has no specific law such as a privacy act to protect personal privacy. Personal data protection act 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. In may 2010 the personal data protection act.

In this regard there are contradictory views by the malaysian courts as to whether this is permissible. In malaysia the courts are generally unwilling to accept that there is a general principle of invasion of privacy. The personal data protection act 2010 which came into effect in 2013 only protects the personal data of a data subject. The law of privacy in malaysia is therefore very much grounded in common law.

Key acts regulations directives bills primary legislation prior to 2010 the regulation of personal data was governed mainly by industry specific legislation. Last modified 14 jan 2020. 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. In malaysia there have been cases of individuals initiating legal action on the basis of invasion of privacy even though there is no specific legislation about privacy rights.