s. 43 of the Personal Data Protection Act 2010

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-

(1) he makes a request to a data user to cease the processing of his personal data for marketing purpose; or
(2) he 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.

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