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LEGAL ISSUE 4 - Coggle Diagram
LEGAL ISSUE 4
Malaysian Personal Data
Protection Act 2010 (Act 709)
Under the Act, data users are required to comply with 7 Personal Data
Protection Principles.
General: Personal data can only be processed with the data
subject’s consent.
Notice and Choice: Data subjects must be informed by written
notice of, among other things, the type of data being collected and the purpose, its sources, the right to request access and correction, and the choices and means by which the data subject can limit the processing of their personal data.
Disclosure: Personal data may not be disclosed without the data subject’s consent for any purpose other than that which the data was disclosed at the time of collection, or to any person other than that notified to the data user.
4.Security: Data users must take practical steps to protect the personal data from any loss, misuse, modification or unauthorized access or disclosure, alteration or destruction.
Retention: Personal data shall not be kept longer than is necessary for the fulfilment of its purpose.
Data Integrity: Data users must take reasonable steps to ensure that personal data is accurate, complete, not misleading and kept up to date
7.Access: Data subjects must be given access to their personal data and be able to correct any personal data that is inaccurate, incomplete, misleading or not up to date.
Data User Organization
If your organization is a data user under the Act, you should start considering the following actions:
Conduct an audit to identify: (a) the types of personal data being collected and processed; (b) the purposes personal data is being collected; (c) third parties to whom personal data is being disclosed; (d) how data subjects are being notified of the data processing.
Have a framework in place to ensure compliance with the Act.
Appropriate policies and procedures regarding the collection, processing, retention and disclosure of personal data must be
implemented. Where possible, appoint a team to manage issues relating to personal data and compliance with the Act.
Be mindful that even if you have an existing global privacy policy in place, it may need to be reviewed and customized to match the Malaysian requirements. (For example, the Act requires personal data notices to be issued in both English and Malay)
4.Key personnel must be trained on the workings of the Act. Compliance will the Act is not possible if employees do not understand the purpose of the Act or what they are required to do.
Tone at the top. Given the severe consequences for non-compliance, it is imperative that senior management set the tone and “buy in” the importance of complying with the Act.
Have a system in place to continuously monitor compliance with your personal data policies and procedures, so that any gaps can be identified and addressed quickly
Defences Against Invasion of
Privacy
1. Consent
An individual had given consent for an
interview or the use of his name or picture
2. Newsworthiness
If a story or event is newsworthy
3. Public interest
Supports dissemination of accurate
information
4. Public record
Information already in the public domain
OFFENSIVE MATERIAL
• Definition: materials that cause resentful displeasure; highly irritating, angering or annoying; unpleasant or disagreeable; repugnant to moral sense & good taste; insulting
A. Blasphemy
• Definition: The act of reviling, ridiculing, or being disrespectful or irreverent of, by words or conduct,
God, religion, a religious doctrine, a religious icon, or anything considered sacred
(Webster’s New World Law Dictionary, 2006 p. 51)
Blasphemy and religious insults are prohibited in both the federal law and in state-level Shari’a statutes
Act 574 Penal Code - Section 295-298A
Section III of the Shari’a Criminal Offences Act 1997 (No.559) of the Federal Territories
Act 574 Penal Code - Section 295-298A
• Religious offenses:
a) Desecrating a place of worship;
b) Disturbing a religious assembly;
c) Trespassing on burial places;
d) Prohibit uttering words, etc., With deliberate intent to wound the religious feeling of any
person;
e) Causing, etc., disharmony, disunity, or feelings of enmity, hatred or ill-will, or prejudicing, etc.,
the maintenance of harmony or unity, on grounds of religion.
• This provision applicable to all religions in Malaysia.
• This is punishable by between two and five years of imprisonment.