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Consumer Rights and Protection Personal Data Protection Workshop 9 Feb 2012. By: Sharizan Abdul Aziz Director, Compliance Department. |Malaysian Communications & Multimedia Commission|. |Malaysian Communications & Multimedia Commission|. Malaysia In Brief.

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Consumer Rights and Protection Personal Data Protection Workshop 9 Feb 2012


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slide1

Consumer Rights and Protection

Personal Data Protection Workshop

9 Feb 2012

By:

Sharizan Abdul Aziz

Director, Compliance Department

slide3

|Malaysian Communications & Multimedia Commission|

Malaysia In Brief

  • Total Area: 330,252 sq km
  • Population: 28.76 million
  • (60% below 35 yrs old)
  • Population Density:
  • 86 persons per sq km
  • Urban Population: 62%
  • Households: 6.262 million
  • Economy
  • Gross Domestic Product (GDP): USD160 billion
  • GDP growth 2010: 4.5-5.5%*
  • Quality of Life
  • Per Capita Income: USD14,000
  • Literacy rate:92%
  • Unemployment rate : 3.3%

MALAYSIA

slide5

|Malaysian Communications & Multimedia Commission|

A Statutory Corporation

Dato’ Mohamed Sharil Tarmizi

Chairman

Established by

Communication & Multimedia Act

(CMA 98)

Effective on 1 November 1998

Dato’ Seri Utama Dr RaisYatim Minister of Information, Communication and Culture

Operational autonomy but subject to policy directives from the Minister

slide6

|Malaysian Communications & Multimedia Commission|

MCMC in brief

  • Pursuant to the :
  • Communications and Multimedia Act 1998 (CMA)
  • Postal Services Act 1991 (PSA)
  • Digital Signature Act 1997 (DSA)
  • Industry developer and regulator for the converged communications and multimedia sector which covers
  • Telecoms, broadcasters and ISPs
  • Postal and courier services
  • Digital certification authorities

Fundamental Principles of CMA 1998

  • National Policy Objectives
  • Transparency
  • Principle of Self Regulation
  • Technology neutrality
  • Consumer Protection

Main Parts under the CMA

  • Licensing
  • Economic Regulation
  • Technical Regulation
  • Consumer Protection
  • Social Regulation
slide7

|Malaysian Communications & Multimedia Commission|

Scope of Responsibility

  • Communication Multimedia Act 1998
  • Services includes Telecommunications,
  • Internet and Broadcasting
  • Postal Services Act 1991
  • Services include Postal and Courier
  • Digital Signature Act 1997
  • Certification authority for Digital Signatures
slide8

|Malaysian Communications & Multimedia Commission|

Penetration Rates

Broadband

62.3%

  • (per 100 households)

Celullar

117.4%

  • (per 100 population)

Fixed

Radio

Television

38.4%

Peninsular: 94.9%

Peninsular: 96%

(per 100 households)

Sabah & Sarawak : 88.1%

Sabah & Sarawak : 88.4%

Note: February 2012

slide10

|Suruhanjaya Komunikasi & Multimedia Malaysia|

Principles of Regulation under CMA 1998

4. SOCIAL REGULATION

1.CONSUMER PROTECTION

Content Development - incentives to invest and create applications

Services promote culture, identity and value of Malaysia

  • High Quality Service
  • Easy to access
  • Affordable
  • More choices

NATIONAL INTEREST FIRST

2. ECONOMIC REGULATION

3. TECHNICAL REGULATION

Incentives to invest, innovate and contiguous to the benefits of consumer.

Incentives to encourage exports of services

Network and Service Providers - inter-operability .

Safe, reliable and integrity

slide11

|Malaysian Communications & Multimedia Commission|

INVESTIGATION

MONITORING AND COMPLIANCE

1. QUALITY OF SERVICE

CONSUMER FORUM

2. CONSUMER ISSUES & COMPLAINTS

COMPLIANCE AND CONSUMER PROTECTION

ADUAN SKMM

3. MOBILE CONTENT SERVICES

ENFORCEMENT

4. RATE REGULATION

BANK NEGARA

5. REQUIRED APPLICATION SERVICE

PDRM

LOCAL AUTHORITIES

slide12

|Suruhanjaya Komunikasi & Multimedia Malaysia|

Quality of Service Assurance

MANDATORYSTANDARDS

Consumer Satisfaction Survey

Compliance check with mandatory standards and consumer codes

Fixed line telephone

Cellular telephone

Dial up internet

Broadcasting

Public payphone

Leased line

Wired broadband

Cellular

Broadband

Fixed line

Digital leased line

Pay TV

Postal

Courier

Free tp Air TV

Free to Air Radio

CONSUMER COMPLAINTS

Adequately address complaints

Deal reasonably with consumers

Guidelines on complaints handling

CONSUMER CODES

Providing accurate, sufficient, not misleading information

Protection personal information

Complaints handling

slide13

|Malaysian Communications & Multimedia Commission|

Mandatory Standard for Quality of Service

  • Ensures commitment by Service Providers
  • to comply to the minimum standard set
  • (Half yearly report submitted and Technical Testing)
  • Penalty of up to RM100,000 or 2 years jail sentence
  • (or both) for non-compliance
slide14

|SuruhanjayaKomunikasi & Multimedia Malaysia|

Customer Issues & Complaints

2011

TheHIGHESTComplaints are on

QUALITY OF SERVICES

slide15

|Malaysian Communications & Multimedia Commission|

Top Complaint Categories ( 2009- Feb 2012)

slide16

|Malaysian Communications & Multimedia Commission|

Consumer Resolution on licensees

  • Section 188:
    • Deal reasonably with consumers
    • Adequately address consumer complaints
  • Section 195:
    • MCMC can use any powers under CMA 98
    • Resolution of complaints received in relations to
    • consumer service and consumer protection
slide17

|Malaysian Communications & Multimedia Commission|

General License conditions compulsory to all Licensees (consumer aspects)

Compliance with the Law, Legislation, instruments, guidelines and regulatory policy etc.

Compliance with Consumer Codes

Charging Mechanism are accurate and reliable in all material aspects

Compliance with special rate regulation regime

client charter on complaint handling strengthened

|Malaysian Communications & Multimedia Commission|

Client Charter on Complaint Handling - Strengthened

Target Achievement:

20% complaints resolved within 3 working days

90% complaints resolved within 15 working days

Apply to all licensees

mobile content issues faced

|Malaysian Communications & Multimedia Commission|

Unknowingly being charged for SMS received

User not aware it is subscription-based service

Received unsolicited SMS/service

Mobile Content Issues Faced

Termination request not processed

Unsolicited promo SMS

Unclear & misleading advertisements

Indecent & Inappropriate language used in the advertisement /SMS promotion

Misleading advertisement/sMSpromotion

slide20

|Malaysian Communications & Multimedia Commission|

Majority of ASP Class licensees issued are involved in content

& applications services - Feb 2012

February 2012, estimated (50%) companies are ASP Class licensees offering messaging services.

regulation on mobile content services

|Malaysian Communications & Multimedia Commission|

Regulation on Mobile Content Services

Consumer protection

1 July 2010- Mandatory Standards for Mobile Content Services

1 July 2006- Industry Guidelines (revised)

15 August 2005 – Industry Guidelines

Active and regular Taskforce Meetings with Service Providers and Content Providers (Association) to discuss and address mobile content issues

slide22

|Malaysian Communications & Multimedia Commission|

In Summary : Augmenting Consumer Protection

Key areas of consumer protection–Part VIII of the CMA 98

Quality of Service

Required Application Service

Rate Regulation

Resolution of consumer complaints

Regulatory Instruments & Self Regulation

slide23

|Malaysian Communications & Multimedia Commission|

In Summary : Augmenting Security

Initiatives To Enhance Security And Integrity of Networks

Regulatory Action on Communications Services

Cyber Security & Network Integrity

Mobile Ecosystem Management

Regular Monitoring of Services & Content

National Network

Monitoring Centre

Prepaid Mobile Registration

MERS 999

  • MCMC enforces:-
  • Communications & Multimedia Act 1998
  • Postal Services Act 1991
  • Digital Signatures Act 1997
confidentiality provisions under cma gcc

|Malaysian Communications & Multimedia Commission|

Confidentiality Provisions under CMA & GCC

Standard License Condition 13

The licensee shall take all reasonable steps to ensure that its employee, agents, consultants or third party suppliers who are engaged in the licensee’s business or who have access to the licensee’s customer information

Do not disclose information about a customer of a licensee which has been acquired in the course on the licensee’s business without prior consent of that customer

  • General Consumer Code:
  • Protection of Personal Information
  • Principles :
    • Data must be accurate and lawfully obtained
    • Data collected are for limited purpose
    • Not transferable without consent
    • Data must be secured
  • Data protection policy made available
  • Customer choice of how data is used
  • Appropriate measures taken to ensure data reliability, protection from loss, misuse or alteration
slide26

|Suruhanjaya Komunikasi & Multimedia Malaysia|

ENFORCEMENT ACTION

TYPES OF CASES

INTERNET – WEBSITE & BLOGS

  • Incitement

CYBER

  • Defamation & contempt of religion
  • Quality of Service issues

MOBILE – SMS/MMS

QoS etc

  • Pornography
  • Phishing & Fraud identity
  • SMS subscription etc etc

ACTION

  • Investigation & Enforcement
  • Cooperation with Police /Enforcement Agencies/Other regulatory agencies
  • Cooperation with Ministry / International Level
thank you
Thank you

Malaysian Communications and Multimedia Commission

Off JalanPersiaran Multimedia 63000 Cyberjaya

Selangor DarulEhsan

Malaysia

Tel: +603 8688 8000

Fax: +603 8688 1000

Website: www.skmm.gov.my