Data protection and privacy—Malaysia—Q&A guide

The following Information Law practice note provides comprehensive and up to date legal information covering:

  • Data protection and privacy—Malaysia—Q&A guide
  • 1. Summarise the legislative framework for the protection of personally identifiable information (PII). Does your jurisdiction have a dedicated data protection law? Is the data protection law in your jurisdiction based on any international instruments on privacy or data protection?
  • 2. Which authority is responsible for overseeing the data protection law? Describe the investigative powers of the authority.
  • 3. Are there legal obligations on the data protection authority to cooperate with other data protection authorities, or is there a mechanism to resolve different approaches?
  • 4. Can breaches of data protection law lead to administrative sanctions or orders, or criminal penalties? How would such breaches be handled?
  • 5. Does the data protection law cover all sectors and types of organisation or are some areas of activity outside its scope?
  • 6. Does the data protection law cover interception of communications, electronic marketing or monitoring and surveillance of individuals? If not, list other relevant laws in this regard.
  • 7. Identify any further laws or regulations that provide specific data protection rules for related areas.
  • 8. What forms of PII are covered by the law?
  • 9. Is the reach of the law limited to PII owners and processors of PII established or operating in the jurisdiction?
  • More...

Data protection and privacy—Malaysia—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to data protection and privacy in Malaysia published as part of the Lexology Getting the Deal Through series by Law Business Research (published: May 2020).

Authors: SKRINE—Jillian Chia Yan Ping; Natalie Lim

1. Summarise the legislative framework for the protection of personally identifiable information (PII). Does your jurisdiction have a dedicated data protection law? Is the data protection law in your jurisdiction based on any international instruments on privacy or data protection?

The Personal Data Protection Act 2010 (PDPA), which is based on data protection principles akin to those found in the EU Data Protection Directive 95/46/EC (the General Data Protection Regulation (GDPR)), came into force on 15 November 2013. The following subsidiary legislations have since been enacted under the PDPA:

  1. Personal Data Protection Regulations 2013;

  2. Personal Data Protection (Class of Data Users) Order 2013;

  3. Personal Data Protection (Registration of Data User) Regulations 2013;

  4. Personal Data Protection (Fees) Regulations 2013; and

  5. Personal Data Protection (Compounding of Offence) Regulations 2016.

The Personal Data Protection Standard 2015 (PDP Standard) also sets out the minimum standards to be observed by data users when handling personal data and the following enforceable codes of practice have been registered:

  1. Utilities Sector (Electricity);

  2. Insurance/Takaful Industry;

  3. Banking and Financial Sector;

  4. Transportation Sector (Aviation); and

  5. Communications Sector.

2. Which authority is responsible for overseeing the data

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