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Personal Data Protection Regime: What You Need to Know

Dive into the complexities of personal data protection with insights on consent, compliance, and legal implications under the PDP scheme. Understand how data peddlers, insurers, and other entities process personal information. Join Suaran Singh Sidhu on 11th May 2010 for a comprehensive session.

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Personal Data Protection Regime: What You Need to Know

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  1. Death of Data Peddlers an afternoon on Personal Data Protection Regime & how it affects you 11th may 2010 suaran singh sidhu

  2. some issues • Automatic opt-in? • Is this consent from d/subject? • ….. • For ‘sensitive p/d’ • Section 40: “…explicit consent..” • Registration: s.13 ~ • Act applies to ALL D/users • D/Users falling within a class as Gazetted by Ministry, need to register • Offence: RM500K and/or up to 3years imprisonment

  3. some (further) issues • Codes of practice • Only one code will apply to one class of d/users • S.25(2): compliance is mandatory • S.29: offence - RM100K and/or 1year jail • Data access request (DAR): s.30~ • D/subject to pay fee • D/user with different entities - separate DAR • Compliance: within 21days • Refusal to comply: s.32

  4. The Banker • Where is the Bank established? • Estd in Msia? - 6mths, Msian Co/etc formed in Msia, or has office/branch/agency/regular practice • If not Malaysian - nominate local rep. • Personal data processed? • By whom? - by bank, employees or “engaged by that establishment” • Other than transit? - an exception

  5. The eCommerce Set-Up • The website auto-collects p/data • Is information processed? • Sending out auto-reply emails/responses: is this processing? • Information captured for processing payment • Payment gateway/portal run by 3P - who’s d/user? • Based abroad?

  6. The Insurance Co. • Contains sensitive p/d • If processing done by D/Processor: • Security Principle: s.9(2) - similar guarantees expected from D/Processor • When can the panel doctor reveal your personal data to the insurance company? • Disclosure to lawyers for filing/settling legal actions

  7. The Content Providers. • Consider communications companies • Content providers • ‘spammers’ • Their ‘connection’ with existing telcos

  8. …and some others • Hospitals • Multinationals • Touch n Go operator • Scratch n Win & other contests (p/data is collected) • Colleges/universities • Companies selling items based on personal traits/information (e.g. birth date, numerology)

  9. am i within the PDP scheme? Thank you, hope we all learnt something today A presentation by Suaran Singh Sidhu

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