Comprehensive Guide to the PDPA in Malaysia

Hello, I’m Jack, I'm a Data Protection Officer on demand. Providing DPO as a service. Welcome to this guide on data privacy and the Personal Data Protection Act (PDPA) in Malaysia. Let's explore how privacy intersects with data, and what it means for businesses operating under Malaysian law.

What is Privacy?

Privacy is a fundamental human right. It includes your right to identity protection, data confidentiality, anonymous browsing, and secure digital communication.

Real-World Case: R v. Brown (1996)

This case involved a police officer misusing a national computer system to assist a friend. It highlighted how mishandling data can breach privacy laws.

Technology and Privacy Risks

Modern technologies can expose personal data via tracking, cookies, and spam, often without consent. This is where PDPA protection becomes critical.

Why Personal Data Matters to Businesses

  • Performance analytics
  • Customer segmentation and strategy
  • Personalized marketing

Common Data Misuses

  • Theft, loss, or leaks
  • Negligence by employees
  • Corporate espionage

The PDPA 2010 in Malaysia

This law regulates the commercial use of personal data in Malaysia. It applies to all organizations processing such data for business purposes.

Key Roles Under PDPA

  • Data Controller
  • Data Subject (individual)

Seven PDPA Principles

  1. General Principle - Data must be processed fairly and with consent.
  2. Notice & Choice - Individuals must be informed and have the option to decline.
  3. Disclosure - Sharing data requires permission.
  4. Security - Data must be protected against misuse or loss.
  5. Retention - Data should not be kept longer than necessary.
  6. Data Integrity - Data must be accurate and updated.
  7. Access - Individuals can request and correct their data.

Exemptions

  • Personal use
  • Government processing
  • Credit reporting

Offences & Penalties

  • Fines up to RM500,000
  • Imprisonment up to three years

To file a complaint, contact the Commissioner with full details of the data misuse. If your company needs a part-time DPO without hiring full-time, visit orbixtech.my.