Foong Cheng Leong

Foong Cheng Leong | Articles

I am an advocate and solicitor of the High Court of Malaya and a registered trade mark, industrial designs and patent agent. I am also the author of the books, Compendium of Malaysian Intellectual Property Cases consisting of two (2) volumes, namely, trade marks and copyright and industrial designs, and Foong’s Malaysia Cyber, Electronic Evidence and Information Technology Law.

  • Malindo Air’s Data Breach

    I was asked to comment on Malindo Air’s latest data breach incident by South China Morning Post, Malaysian Reserves and Global Data Review. Malindo Air, a subsidiary of low-cost airline Lion Air, has suffered a massive data breach, resulting in the information of millions of passengers – including passport details, home addresses and phone numbers…

  • BFM Podcast: PURAJAYA ROOTS FOR TONGKAT ALI

    I was interviewed by BFM Radio over a statement by Parti Sosialis Malaysia Chief Dr Jeyakumar Devaraj regarding a warning notice by Biotropics Malaysia Berhad which has taken out a patent for the bioactive component of Tongkat Ali (Patent No. MY-134867-A – corresponding patent can be seen here). In gist, Dr Jeyakumar said that patent laws…

  • BFM Podcast: THESE ARE NOT THE (AN)DROIDS YOU’RE LOOKING FOR

    With the rise of Android TV boxes in Malaysia, content developers as well as local film bodies are keen on shifting responsibility to users to curb piracy. Finas is taking it a step further by proposing a new paper that would hold homeowners accountable for pirated content that’s streamed on their property, regardless if they’re…

  • Pay just RM150 for details of 200,000 people, RM350 for 10 million

    I was interviewed by Free Malaysia Today on the issue of the unlawful sale of personal data in Malaysia which is an offence under the Personal Data Protection Act 2010 (PDPA), in particular, s. 130 of the PDPA. A lawyer told FMT that the sale of personal data is not surprising. Foong Cheng Leong, who…

  • BFM Podcast: PAYING USERS FOR DATA

    Facebook has launched an app that collects extra data from users in exchange for a monthly payment. We consider if that makes for a fair exchange. Produced by: Julian Yap Presented by: Lee Chwi Lynn, Kelvin Yee Your browser does not support native audio, but you can download this MP3 to listen on your device.

  • E-hailing firms must protect data

    I was interviewed by The Star and Free Malaysia Today on an e-hailing firm’s new user requirement to submit “selfie” for verification purposes. In The Star’s article titled “E-hailing firms must protect data“, it was reported- “Weak enforcement of the Personal Data Protection Act (PDPA) has made it vital for e-commerce firms and e-hailing providers…

  • Bread & Kaya: 2018 Malaysia Cyber-law and IT Cases PT4 – Commercial cases

    By Foong Cheng Leong May 10, 2019 – 2018 saw the first decision on the liability of online marketplace providers– Damages can be granted in the case of a software delivery delay IN THIS last of a four-part series, I will focus on commercial cases in 2018. Short-term lodging – the Airbnb Effect An online…

  • Bread & Kaya: 2018 Malaysia Cyber-law and IT Cases PT3 – Cyber-crimes and -offences

    By Foong Cheng Leong May 3, 2019 IN THIS third of a four-part series, I will discuss cyber-crime cases and other cyber offences. Communications and Multimedia Act 1998 The establishment of Cyber Courts in the Kuala Lumpur Sessions Court saw the growth of judgements relating to the Communications and Multimedia Act 1998. In Pendakwa Raya lwn Dato’…

  • Bread & Kaya: 2018 Malaysia Cyber-Law And IT Cases – Cyber-Defamation

    By Foong Cheng Leong April 26, 2019 In cyber-defamation cases, the High Court has granted damages between RM50K to RM100K Court assumes that you have published something if it originates from your email, Facebook, etc IN THIS second, of a four-part series, I will talk about the rise of cyber-defamation. The number of cyber-related tort cases filed…

  • Bread & Kaya: 2018 Malaysia Cyber-Law And IT Cases – Fake News, Private Information & Instant Messaging

    THE change of Government after the 14th General Election saw changes to our sphere of cyber and IT laws. The new Government withdrew numerous charges under s.233 of the Communications and Multimedia Act 1998, especially against those who had allegedly spoke against the previous Government. The Anti-Fake News Act 2018 that was introduced before the 14th…