Right to prevent processing for purposes of direct marketing

Pursuant to s. 43(1) of the Personal Data Protection Act 2010 (PDPA), a data subject may, at any time by notice in writing to a data user, require the data user at the end of such period as is reasonable in the circumstances to cease or not to begin processing his personal data for purposes of direct marketing.

In this regard, the Personal Data Protection Commissioner has recently issued two (2) template letters for data subjects to use when the latter-

(1) makes a request to a data user to cease the processing of his personal data for marketing purpose; or
(2) files an application to the Commissioner to require the data user to comply with the notice.

Pursuant to s. 43(4) of the PDPA, a data user who fails to comply with the requirement of the Commissioner commits an offence and shall, on conviction, be liable to a fine not exceeding RM200,000 or to imprisonment for a term not exceeding 2 years or to both.

Download:-
(1) Template notice to data user to prevent processing for purposes of direct marketing
(2) Template notice to Commissioner to cease or not to begin processing personal data for purposes of direct marketing.

Notes
1. “direct marketing” means the communication by whatever means of any advertising or marketing material which is directed to particular individuals
2. These templates merely serve only as a guide.

Hijacking hardware in stealth mode

I was featured by The Star in their article “Hijacking hardware in stealth mode“. I was asked to comment about malicious cryptomining Malaysia.

Under our law, malicious cryptominers can be punished with the Computer Crimes Act 1997, says Bar Council information technology and cyberlaw committee deputy chairman Foong Cheng Leong.

“It can be considered unauthorised access to computer material or unauthorised modification to computer material,” he adds.

If found guilty for unauthorised access, the cybercriminal can face up to a RM50,000 fine, a five-year jail term or both.

At present, digital currencies such as bitcoin are not recognised as legal tender in Malaysia.

But cryptocurrency exchangers are required to report their activities to Bank Negara.

This reporting obligation, the central bank was reported as saying, is the first step in making activities in the cryptocurrency business more transparent.

Foong says while it is not recognised as legal tender, it doesn’t mean cryptocurrency is illegal.

“You can still use digital currencies to purchase things. It is up to the buyer and seller,” he adds.

However, he points out that cryptocurrency may also be misused, particularly in the black market for illegal purposes like money laundering, purchase of drugs and other undesirable items, to avoid detection.

“I foresee more crimes and disputes may arise from there,” Foong says.

Getting ‘played’ over games

I was featured by The Star in their article “Getting ‘played’ over games“. I was asked to comment about online impersonation in Malaysia.

Bar Council information technology and cyberlaw committee deputy chairman Foong Cheng Leong said somebody who impersonates another person online could be breaking the law if the actions fall within criminal activity.

“For example, impersonation to gain monetary benefit could amounting to cheating.

“Impersonation, as a prank, is not a criminal act,” he explains.

Hence, it is considered a crime in cases where the online impersonator asks for money from unsuspecting victims – or as in the case of this latest twist, tricking them into buying game credits for them.

Such an offence comes under Section 420 of the Penal Code for cheating and dishonestly inducing delivery of property.

It is a crime punishable with a jail term of between one and 10 years, with whipping and a fine.

However, even the act of hacking into a person’s social media account alone, whether it is a prank or not, crosses into the criminal realm.

Under the Computer Crimes Act, a person who gains unauthorized access to computer material is guilty of an offence.

Those convicted could be liable to a maximum fine of RM50,000, five years in jail or both.

Hacking with intent to commit further offences, including fraud, also amounts to a crime.

If found guilty, the court can sentence a person to a maximum fine of RM150,000, a 10 year jail term or both.

Farewell for Justice Wong Kian Kheong

Farewell dinner with the members of Intellectual Property Bar for Justice Wong Kian Kheong who presided the Intellectual Property Court from 1st January 2016 to 31 August 2018.

We compiled all his intellectual property judgments into a book which consisted of 2 volumes as his farewell gift. He had contributed to the development of our intellectual property laws tremendously in the past 2 years.

Many have asked if the book is for sale. Unfortunately, it is not for sale as we have only printed a copy. However, you may download all cases from the book below-

Aktif Perunding Sdn Bhd v. ZNVA & Associates Sdn Bhd

Billion Prima Sdn Bhd & Anor v Nutech Company Limited & Anor

Chanel v Melwani2 International Sdn Bhd & 2 Ors & Another Case

Chow Chuan Fat v Yeo Chai Seng & Ors (No. 1)

>Chow Chuan Fat v Yeo Chai Seng & Ors (No. 2)

Chuah Aik King (Sole Proprietor of Syarikat B Three Technology) v Keydonesoft Sdn Bhd

Dart Industries Inc & Anor v CMN International Sdn Bhd & Other Cases

Darul Fikir v Dewan Bahasa dan Pustaka – legal entity DBP

Diesal SpA v Bontton Sdn Bhd

Doretti Resources Sdn Bhd v Fitter Marketing Sdn Bhd & 4 Ors (No. 2)

Doretti Resources Sdn Bhd v Fitter Marketing Sdn Bhd & 4 Ors (No. 3)

DR HK Fong Braindbuilder Pte Ltd v SG-Maths Sdn Bhd & 5 Ors

Goodway Retread Sdn Bhd v Goodway Rubber Industries Sdn Bhd

GS Yuasa Corporation v GBI Marketing Sdn Bhd

Huan Schen Sdn Bhd v SRAM LLC

Hyundai Motor v Sun Yuen Rubber Manufacturing Co Sdn Bhd

Iradar Sdn Bhd v Nutech Company Limited & Anor

Juris Technologies Sdn Bhd v Foo Tiang Sin & Ors

Jyothy Laboratories Limited v Perusahaan Bumi Tulin Sdn Bhd

Kraft Foods Schweiz Holdings GmbH v Pendaftar Cap Dagangan

La Kaffa International Co Ltd v LOOB Holdings Sdn Bhe & Another Case

Lim Teck Lee v Longcane Industries Sdn Bhd

Louis Vuitton Malletier v Renown Incorporated

Merck Sharp & Dohme Corp & Anor v Hovid Bhd

Motordata Research Consortium Sdn Bhd v Ahmad Shahril bin Abdullah & 3 Ors

Ooi Siew Bee (trading under the name and stye of Syarikat Perniagaan Eng Leong) & 2 Ors v Zhu Ge Kong Ming Sdn Bhd & Anor

Pentamaster Instrumentation Sdn Bhd v QAV Technologies Sdn Bhd & 3 Ors

Philip Morris Brands Sari v Goodness For Import and Export & Ors

Portcullis Trustnet (Singapore) Pte Ltd v George Pathmanathan_ al Michael Gandhi Nathan & 11 Ors

Prism Berhad v Measat Broadcast Network Sdn Bhd

R Ramani AL M Ramalingam (suing on behalf of the Recording Industry Association of Malaysia, a registered society) & 2 Ors v Deluxe Exclusive Lounge Sdn Bhd

Schwan-Stabilo Marketing Sdn Bhd & Anor v S & Y Stationery & 2 Ors

Sigma Glove Industries Sdn Bhd & 2 Ors v Ong Chin Kok & Anor

Singham Sulaiman Sdn Bhd v Appraisal Property Management Sdn Bhd and Another Case

Sri Paandi Restaurant Sdn Bhd & Anor v Saraswathy ap Kesavan & 3 Ors

Syarikat Faiza Sdn Bhd & Anor v Faiz Sdn Bhd & Anor

Syarikat Duasama Sdn Bhd v Abdul Aziz Ibrahim (Trading as Radiant Star Enterprise); 1st Third Party Tiong Sing Trading Co Sdn Bhd and another Party

Tokai Corporation v DKSH Malaysia Sdn Bhd

World Grand Dynamic Marketing Sdn Bhd v FJVAA SPA Sdn Bhd & Ors

X1R Global Holdings & Anor v Y – Teq Auto Parts (M) Sdn Bhd

Walmar Wil Heavy Duty Pumps Sdn Bhd v Pump Matrix Engineering Sdn Bhd

1 2 3 28  Scroll to top