Monthly Archives: April 2021

Making MySejahtera compulsory raises privacy, connectivity concerns, say experts

I was asked by FreeMalaysiaToday to comment on Malaysian Government’s plan to make MySejahtera, a contact tracing mobile application, compulsory in tracing people’s movements. The Malaysian Government has said it is considering making the use of the MySejahtera mandatory and doing away with the manual registration of personal data when people access public places.

Meanwhile, a privacy lawyer, Foong Cheng Leong, said the government should ensure that the data collected would only be used for contact tracing and related purposes.

He also wanted a timeline to be set for the data collected to be destroyed.

Foong called for accountability if there was misuse of the data by anyone, including civil servants.

He also raised the issue of the app’s accessibility as not everyone had a smart phone that could have the MySejahtera app installed.

Similarly, he said, not every business in Malaysia would be capable of generating the QR code to be used for the app. “Manual registration must remain to cater to a certain segment of the people.”

He added: “Instead of forcing people to use it, the government should give incentives to those who use the app. A RM50 e-wallet credit to users is a good way.”

BFM Podcast: INTELLECTUAL PROPERTY IN THE MUSIC INDUSTRY



Talks on music rights and royalties have been a prevalent and controversial topic especially between artists and record labels. How can musicians protect their craft and work and be more empowered on the subject? To get a basic understanding on the issue, we speak to Foong Cheng Leong, Co-chair of the Intellectual Property Committee of the Bar Council to explore the framework of intellectual property and understand its role in the music industry.

Produced by: Daryl Ong, Haniff Baharudin
Presented by: Daryl Ong, Haniff Baharudin

Advisable for management bodies of high-rise residences to abide by act

I was asked by The Star to comment on whether the Personal Data Protection Act 2010 (PDPA) binds management bodies of high-rises from disclosing details about residents who contracted Covid-19. I said-

Bar Council Intellectual Property Committee co-chairperson Foong Cheng Leong said it was unclear if management bodies were involved in the processing of personal data for commercial purposes.

“There are different views to this. Nevertheless, there is no blanket exemption for JMBs and MCs.

“In light of this uncertainty, it’s advisable for them to comply with the PDPA.

“In any event, disclosure of information of residents with Covid-19 is highly discouraged as it could breach the PDPA and even amount to an invasion of privacy, ” he said.

There are views that management bodies collecting monthly maintenance fee to service the building providing is a form of a “commercial transaction” and thus the PDPA applies. The PDPA only applies to personal data in respect of a commercial transaction.

However, it is noted that the Strata Management Act 2013 empowers a management body to collect charges for the purpose of maintenance and management of the building. It is therefore arguable that they are merely exercising a legal duty and not conducting a “commercial transaction”.

Experts take dim view of Covid-19 ‘vaccine passport’ for Malaysians

I was asked by The Malay Mail to comment on the privacy aspect of a “vaccination passport”, a document (whether electronic or not) showing that a person had been vaccinated. I said-

According to privacy lawyer Foong Cheng Leong, there could be privacy concerns with such a passport, depending on what data is collected and shared by the governments.

“If it is standard information that is being shared when a person travels from country to country, that should be fine.

“However, a person’s medical information is sensitive personal data and the sharing of such information should be limited,” said Foong.

He suggested that for the purpose of combating Covid-19, the information shared should only be limited to matters related to Covid-19 and not a person’s health information in general

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