Malaysia Personal data protection commissioner

Personal Data Protection Commissioner publishes the Personal Data Protection Standard 2015

On 23 December 2015, the Personal Data Protection Commissioner (“Commissioner”) published the Personal Data Protection Standard 2015 after consulting members of the public. The Standard sets out the minimum standards to process personal data and it is applicable to anyone who processes or has control or authorises the processing of any personal data relating to commercial transactions. Broadly, it sets out the security standards (electronic and non-electronic processing), retention standards and integrity standards.

For more information, please refer to the Personal Data Protection Standard 2015 (in Malay language only). The English language will be released by the Commissioner in due course.

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List of Data User Forums in Malaysia

The Personal Data Protection Commissioner has appointed the following associations as data user forum for the following sectors:-

1. Institut Akauntan Malaysia for the accounting and audit sectors;
2. Persatuan Jualan Langsung Malaysia for the direct selling sector;
3. Persatuan Bank-bank Dalam Malaysia for the banking and financial sectors;
4. Institut Jurutera Malaysia for the engineering services sector;
5. Institut Insurans Hayat Malaysia for the insurance sector;
6. Pertubuhan Akitek Malaysia for the architecture sector;
7. Maxis Berhad for the telecommunications sector;
8. Persatuan Hotel Malaysia for the travel and hospitality sector.
9. Majlis Peguam, Persatuan Undang-Undang Sabah and Persatuan Peguambela Sarawak for the legal sector.

Last updated: 1 April 2015

Source: Personal Data Protection Department Registration Unit.

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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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Guide to complete the Form 15 (Registration of Data User) pursuant to the Personal Data Protection Act 2010

Commencing from January 2016, all data user registrations are done via online at http://daftar.pdp.gov.my

This is a guide I wrote for lawyers on how to complete the Data User Registration Form (Form 15)


Guide to complete the Form 15 (Registration of Data User) pursuant to the Personal Data Protection Act 2010

As stated by the Bar Council’s Circular No 023/2014 – Personal Data Protection Act 2010: Partnerships to Register with Commissioner by 15 Feb 2014, law firm partnerships are required to file the Form 15 (available at www.pdp.gov.my) before 15 February 2014. Lawyers practicing as sole proprietors are exempted from registration but still must comply with the Personal Data Protection Act 2010.

Specific details on the data user registration are available in the said Circular.

To assist fellow members of the Bar, the KL Bar Information Technology and Publications Committee has prepared an informal guide to complete the Form 15. This guide is based on the Malay version of the Form 15.

Column 7: Tick Partnership
Column 8 : Tick Services
Section B: Tujuan 1: Legal Services (if you have others, please insert in Tujuan 2)
Section C: Jenis Data Peribadi: Name, identity card and passport number, address, email address (please insert more if you have others)
Section D: Name of your Auditor / Accountant (please insert more if you have others) .
Section E: None (unless you disclose the data to other countries)
Section F: Insert information of the person in charge of the data user registration application. It can be anyone authorised by your firm.

Upon completing the Form 15, you may file it with the Personal Data Protection Commissioner at:-

Kaunter Pendaftaran
Bahagian Pendaftaran dan Operasi
Jabatan Perlindungan Data Peribadi
Aras 6, Kompleks KKMM, Lot 4G9
Persiaran Perdana, Presint 4
Pusat Pentadbiran Kerajaan Persekutuan
62100 Putrajaya

Upon filing, you will be issued a document entitled “Kad Akuan Terima”. Payment can be made once your application is approved. All applications will be processed for registration after the 15 February 2014 deadline.

Foong Cheng Leong
Chairperson
KL Bar Information Technology and Publications Committee

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