Personal data to be protected

KUALA LUMPUR: The overdue Personal Data Protection Act (PDPA) 2010, to take effect in June, may still hold grey areas.

Information, Communications and Culture Minister Datuk Seri Dr Rais Yatim said yesterday the Act was a little complicated for the laymen and could be quite general in its references to the actions that could be considered as a violation of law.

"Thus, we hope to comprehensively build a guideline that is clearer and easily understood," he said after launching the Personal Data Protection Department and also the Personal Data Protection Awareness Seminar at a hotel here yesterday.

According to the Act, tabled in Parliament in May 2010 and approved the following month, personal data used for any commercial use should not be misused or manipulated, be it online or in a file form.

Those found guilty under the Act, whether an individual or entity, can be fined up to RM50,000 or be jailed for a year.

Under the PDPA, the public's personal data cannot be sold or used for commercial purposes without their consent.

But, Rais said that implementing the law would be difficult if the offender is from a foreign country and the victim was a local citizen- meaning it would be more comprehensive for Malaysians alone.

"It depends on whether the other country has laws stipulated for breaching such acts," he said.

"But it's a big favour to expect the Ministry's staff to travel overseas and issue summonses to the offender."

He said the logistics and cost incurred may even override summonses.

The Personal Data Protection Department, which reports to the Information, Communications and Culture Ministry, will monitor and register any individuals who use their personal data for commercial purposes.

Staff from the department will then be appointed by the Ministry to handle reported cases and handling investigations.

Rais noted that since the implementation of the act involves dealing with personal data, he stressed those involved from the department needed to be trained before the act is put into effect.

The department will be the 19th agency to come under the purview of the Ministry, Rais added.

"We understand the amount of responsibility that comes with having 19 government agencies under our purview. That is why we want to make sure every agency has a thorough and clear instruction on what it has to do in the country's framework," he said.