Proposal Papers – Guideline on Compliance for Personal Data Protection Act and Guide on the Management of Employee Data Under Personal Data Protection Act (PDPA) 2010

The Malaysia Personal Data Protection Commissioner (Commissioner) has published two (2) proposal papers namely:-

(1) Guideline on Compliance for Personal Data Protection Act [No 2/2013]; and

(2) Guide on the Management of Employee Data Under Personal Data Protection Act (PDPA) 2010 [No 3/2013].

The Proposal Paper No 2/2014 sets out the proposed steps to be taken to comply with the Personal Data Protection Act 2010 (PDPA) whereas the Proposal Paper No 3/2014 confirms that employer-employee relationship is governed by the PDPA. Any comments on the Proposal Paper may be submitted to the Commissioner before the prescribed deadline. Copies of the proposal papers are enclosed.

Further, the Commissioner has also uploaded a complaint form on the Commissioner’s website. Data subjects may now file complaints to the Commissioner directly.

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One Response to Proposal Papers – Guideline on Compliance for Personal Data Protection Act and Guide on the Management of Employee Data Under Personal Data Protection Act (PDPA) 2010
  1. JEONG CHUN PHUOC Reply

    WITH COMPLIMENTS.

    “BIG COMPLIANCE IN THE AGE OF INNOVATION: PERSONAL DATA PROTECTION LAW IN MALAYSIA AND ASEAN REGION”
    Jeong Chun Phuoc.

    A. INTRODUCTION
    The PERSONAL DATA PROTECTION ACT 2010 (‘PDPA 2010’) was enforced within reasonable time by Malaysia commencing 15 Nov 2013. Despite its enforcement, the private sector is still in the dark. Many do not have in place any proper PDPA COMPLIANCE PROGRAM.

    The PDPA enforcement position adopted by Singapore is a good move in the right direction as well.

    B. COMPLIANCE ASSESSMENT
    Despite potential serious fines and penalties for PDPA violations and PDPA non-compliance, the attitude remains lackadaisical.

    C. PHASE 2 ENFORCEMENT
    In Phase 2 of the COMPLIANCE & ENFORCEMENT MODEL, strict enforcement and audit measures will be taken to enforce COMPLIANCE.

    D. CONCLUSION.
    Megatrend in PDPA protection will see full adoption and enforcement of PDPA protection within ASEAN region in particular, commencing ASEAN ECONOMIC COMMUNITY (AEC) 2015 and beyond.

    E. COMPLIANCE PROGRAM
    Organisations are strongly advised to establish an effective COMPLIANCE PROGRAM to ensure full compliance
    with PDPA ACT 2010 to avoid serious fines and penalties for non-compliance/violations under the PDPA 2010.

    ………………………………..
    JEONG CHUN PHUOC
    Adv CLI. Big Compliance and Big Law.
    He may be reached at jeongchunphuoc@gmail.com
    (this is his personal view)

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