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Asian Data Privacy LawsTrade & Human Rights Perspectives$
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Graham Greenleaf

Print publication date: 2014

Print ISBN-13: 9780199679669

Published to Oxford Scholarship Online: December 2014

DOI: 10.1093/acprof:oso/9780199679669.001.0001

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Malaysia—ASEAN’s First Data Privacy Law in Force

Malaysia—ASEAN’s First Data Privacy Law in Force

Chapter:
(p.316) (p.317) 11 Malaysia—ASEAN’s First Data Privacy Law in Force
Source:
Asian Data Privacy Laws
Author(s):

Graham Greenleaf

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199679669.003.0011

Malaysia’s Personal Data Protection Act of 2010 was brought into force in November 2013, when a Personal Data Protection Commissioner was appointed. Data users then had three months to comply with the Act and its Regulations, making it the first data privacy Act in the ASEAN (South-East Asia) region to be fully in force. This chapter evaluates the Act in the absence of any enforcement as yet. The Act has very limited scope, and a defective and limited method of enforcement. The main ‘democratic deficit’ in the law is the omission of the public sector. Unless there are vigorous prosecutions of offences, complainants will be left powerless because they are unable to take civil action. However, the principles contained in the Act are generally reasonable and often include stronger ‘European’ elements. Despite its deficiencies, this data privacy legislation will be a significant step forward for Malaysians.

Keywords:   data protection, privacy, Asia, Malaysia, ASEAN, PDPC, data protection authority

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