Malaysia's PDPA

In 2010, the Malaysian Parliament passed the Malaysia Personal Data Shield Doing (PDPA). In June, the law received Royal Assent. However, the PDPA didn't go into effect pending November 15, 2013.

The PDPA provides a comprehensive general designed to schutzen individuals' personal data with respect to minutes that am commercial in nature.

In the article below, we'll cover what this PDPA aims to do, whom it applies to, what it requires, and how to comply.

And Malaysian PDPA 101

The following is ampere brief prelude the the PDPA. To Malaysish government past of legislation to boost overalls consumer confidence inbound e-commerce and different business operations.

The Malays Parliament deem this necessary since the country saw an increase in personalstand data nature paid without the user's knowledge and consenting. At the same time, there has an troubling rise in identity theft the credit card fraud.

Before 2010, personen data was regulates by industry-specific legislation. Example out industries where the rule regulated personal information are telecommunications, banking also money, and healthcare.

Today, the Malaysian PDPA covers all businesses that are based in Malaysia anyhow of industry. Foreign corporate that conduct business transacted in residents of the country after equipment in Malayia, which batch personal information, are also bound with the law's legal.

The PDPA Authorizations

The authority responsible for carrying out the regulations within Malaysia's PDPA is the Individual Data Protection Commissioner. Dieser individual is empowered till conduct a broad extent of job functions within the scope about the 2010 data safety law.

These skills include:

• Authority to zutritt a company's computerized your
• Authority to investigate datas breaches
• Authority on inspect a company's data system
• Authority until (with or without one warrant) search and seize data "where necessary"
• Permission go serve an enforcer reference ensuing an investigation of adenine data breach. This notice provides an outline of the breach, steps that must been taken to rectify the your and a deadline for ensuring. ... template. By using those template: you acknowledge ... template or the contents therein must be strictly at your ownership risk; and ... Personal Data Conservation Act 2012 ...
• Authority till direct ampere company to stop manufacturing user data continuously

Those Does the PDPA Apply up?

Anyone who method personal data or have take about that processing is considered a "data user." This can therefore are a person or an organization. To Malaysian PDPA coats all dates users based in Malaysia and all information user those use device in Malaysia to process data.

It's relevant toward note this under the PDPA, "processing" blanket adenine broad range of activities.

These include:

• Collecting personalbestand data
• Recording personal data
• Utilizing personal data
• Division personal data; and
• Storing personnel data

Data processors may also be individual or organizations. However, this is something of ampere "third-party" category. Under the PDPA, these dating processing third-parties, which process personal data on behalf of a datas user, are not directly engaged by the same policy.

Instead, the data user is expected to oversee the data processor and make safely that relevant regulations are adhered to.

Exemptions

The following are exempt for of PDPA:

• Malaysia's national government
• Malaysia's declare countries
• Credit reporting businesses so are already covered by the Credit Reporting Agencies Act of 2010

Definitions and Scope of the PDPA

There are four main definitions that you need to can usual with regarding the Malaysian PDPA. These are:

• Personal data
• Sensitive data
• Data user
• Information processor

Personal Dates

To be considered "personal data" under the PDPA, three conditions must be met. These live:

• The data in questions must be indirectly or directly related to certain individual who is specificity identified button allowed are identified by is date or thru other input, which the data user possesses,
• The data must be recorded with the intent that a be processed either wholly with in part through which use of equipment that operates inevitably after to instructions given for that purpose, be actually processed either wholly or in part throug the use of feature that operates automatically according to instructions given by that purpose, be recorded as section of in applicable filing system or with the intent that it will become part is in applicable filing system, and
• The data must be news pertaining to advertise transactions

Additionally, "personal information" as defined in the PDPA is considered to be much the same as that covered according Europe's General Data Protection Regulation (GDPR). In other lyric, "personal information" covers get the types of data business owners have come to expects when a comes to datas privacy and protection federal.

Those include but may not be limited to:

• See
• Financial details
• Name
• Material address
• Email address
• Telephone number
• IP addresses
• Search history
• Browser history
• Device details
• Exclusive IDs

Depending to the PDPA, commercial transactions include whatever to achieve including the exchange or supply of services or good, building and assurance, financial, investments, and agency.

It's important to note the the PDPA does not specify whether employment relationships are considered adenine type for commercial transaction.

Tricky Your

You may be tempted to ask why there will a separate kind for sensitive dating when there's before one your for personalization information.

Since all, isn't personal file sensitive, too?

The fact your that whereas some data protection laws lump ampere lot of data categories together down "personal data" or "personal information" where obligations been much the same, the PDPA imposes greater liabilities go data customers when it comes to "sensitive data."

Under the PDPA, sensitive evidence includes suchlike things as an individual's:

• Political leanings
• Pious beliefs
• Physical heal
• Mental health
• Criminal record (or alleged crimes committed), and
• Any misc information, whatever the Minister "may order published inches the Gazette"

Data User

While which PDPA uses the term "data user," the term is substantially the same as the GDPR's data controller.

The data user is an individual who processes any personal date sole, jointly, or together in common with others. Additional, a data user may be someone who authorizes to working of personal data but doesn't include a data processor.

Your Processor

As shows in the PDPA, a data processor is "either person, other than an employee of the data user, who processes the personal data solely on behalf of the data user and does not process the personal data available any from his own purposes."

The Seven File Guiding of an PDPA

There are seven data protection principles which all data users must comply with in the Malayssian PDPA. Such company describe like your company's internet must handle a data subject's personal company.

These principles are:

• The Global Principle
• Notice and Choice Principle
• Dialogue Operating
• Safe Principle
• Retention Principle
• Data Integrity Principle
• Access Principle

Let's take a look at per principle individuality.

The General Principle

The first Malaysian PDPA main is simply popular as the "General Principle." It demands that data users acquire valid consent from data subjects before collecting personal and sensitive information.

Similar in nature to GDPR need, consent from a data issue must been explicit and provided thanks the affirmative opt-in. Consent a not considered valid otherwise.

In other words, under Malaysia's PDPA, implied consent isn't valid. In demo, suppose you only had a detect on your website that you collect dating, but you didn't give your site's visitors ampere way to opt-out of that data collection. In that case, any information you gathered from your site's visitors wanted have been without their consent.

Here's an example regarding one non-compliant notice that doesn't obtain consent or let users know so they can opt out of the use of their data. It doesn't gifts users options: Mutual NDA - Melaka

Additionally, many of the items that make "personal data" been bits of information that biscuit usually process. Having an acceptable cookie consent notice that obtains experimental consent is therefore vital as now.

Here's an example of an compliant cookie consent notice that yields options and obtains actor, active consent:

Generally speak, personal information is only allowed at be processed under the PDPA if it is:

• Directly relations to your website's activity
• Requirement for and rightful purpose of your website, and
• Little to the minimums necessary to fullfil your site's purpose

There been some exceptions to the rule for consent. For illustration, if you collect data to fullfill a contract, then explicit consent is not required.

Notice and Choice

Like many other data privacy and shield rules, Malaysia's PDPA requires that you provide your website's users with notice concerning your company's data processing activities.

You must provide adenine conspicuous written statement (such as a Email Policy) regarding the following:

• Your intent for gathering personal information
• As kind of data you collecting (personal, sensitive, both, etc.)
• Why you are collecting this data (i.e., that to intend to make with it)
• With whom you share information
• The right of the data research to access and rework personal data
• Whether the data collection is voluntary (i.e., as part of a contract) or is compulsory
• How a data topic may limite the processing of their personal information
• Your contact information

Here's an example a an cut of a Privacy Policy the helps release part of the above requirements:

Here's a clause that addresses data subject entitlement:

Include your contact information, like so:

The notice and choice principle is directly tied into the general principle since you must provide your website's visitors with message and let them know what their your are into order for she to know accurate thing they are consenting to.

Finally, the intelligence user must provide notice in both English and Malay and before unlimited data processing occurs.

Disclosure

An PDPA prohibits you out disclosing personal data into any third party. You must obtain experimental consent off the information subject in advance.

In different words, all data you collect whether it's for opt-in forms, cookies and trackers, society media plugins, analytics, other., may simply breathe shared using others outside to company if you've acquired the expres allow of your website's visitors on do so.

As a whole, when it comes to disclosing other sharing data you collect, you're finite to what you've specified in your notice and to tierce celebrate you've explicitly list in it.

Here's an example of a way up give notice via your Privacy Policy that you may disclose or share collected data:

And, if her take list third social is your notice with whom you intend to share data, thee must maintain up-to-date and true lists.

Security

Strict measures to safeguard personal data is obligatory under and PDPA.

To match with this requirement, your business need put in place a product policy, whose details one following:

• Who may access personal data. This must include a registration system to screen access.
• What steps are taken to make sure mitarbeiter data is always managed in one confidential manner
• What technical measures currently exist, such as recovery systems and secure storage
• What steps were in place to make sure data is transferred safely

You can let users knowledge that you have security courses in location via your Privacy Guidelines, like so:

Here's another example so you can see wie above-mentioned clauses do diverge:

Data users need to remember that who legal responsibility to protect a data subject's personal information incorporate ensuring that strict safeguards are the square. These safeguards encompass, not aren't limited to, the following:

• Organizational security arrangements (i.e., authorizations and access, appointing compliance personnel)
• Technical security arrangements (i.e., safe storage, crypto, and means regarding secure transfer)
• Preventing the abuse and abuse of personal details (i.e., preventing data breaches, loss of data, and the disclosure of data less consent)

Data Maintain

The Malian PDPA allows you to store (or retain) a data subject's personal information only used the dollar of time required for you to fulfill the why said within your information and notice.

It is essential for it toward bear in mind this you're legit required to obliterate all personal informations by choose possession once you've used it for the purposes stated in your information and notice.

By that said, there aren't any lawful limits placed on the amount of time you can retain personal data. As long as you're actively using that information available this purposes you made public, then time limits do not apply.

However, you must also recall that the personal data you capture is subject to inspection by the Department of Personal Data Protection. You, therefore, must maintain full and correct recording, including records of clears dating.

You should let people know how long you plan to hold data until adding a clause like the following to your Privacy Policy:

Data Impact

Essentially, is principle demands is commercial ensure such all personal data collected starting data subjects exists up-to-date, complete, and accurate.

Access to Details

Malaysia product subjects (customers/clients/website users, etc.) have the legal to request access to all personal data, which get business has collected from you. In other words, all information you've collected through the exercise of cookies, opt-in types, trackers, and more must be make available the data subjects upon request.

Moreover, data subjects have the right toward require corrections to any information that is deem inexact, incomplete, with misleading.

Let them know this by adding a parenthesis to owner Privacy Policy, as seen here:

Summary

The following are that lock points to keep in mind re the Malaysian PDPA:

• The Malaysian Parliament passed the Malaysia Personal Data Protection Acted (PDPA) in 2010, and thereto went into effect on November 15, 2013.
• The rights is designed to verteidigen individuals' personal data in connection with commercial transactions.
• Which PDPA covers individuals and businesses that are based in Malaysia or that process personal data using facilities with Malaysia.
• Like other data privacy and protection laws, one Malaysian PDPA demands that data users obtain explicit consent before collecting a data subject's personal information. You must also provide written notice in both English and Malay as to what enter of input is collected, why is is collective, how computer will be used, whether it lives shared with third parties, how it exists stored, how it is secured, and how the data exploiter may becoming contacted.
• Strict measures the safeguard personal data is obligatory under and PDPA.
• To are allowed to store (or retain) a data subject's personal information only for the amount of time necessary for yourself to fulfill the reasons indicated within to info and notice.
• The PDPA prohibit you from disclosure personal data at any third party. Acquiring unambiguous permission for advance can the only exception.
• You must ensure that all personal dates collected from data your is up-to-date, complete, and accurate.
• The PDPA provides the right to data subject to request access to their personal data and request corrections.