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A decade after the Personal Data Protection Act 2010 (PDPA): Compliance of communications companies with the notice and choice principle
Journal of Data Protection & Privacy,
5
(2),
119-137
(2022)
Abstract
The massive and implausible advancements in the fields of information and communications technology, and especially the internet, have increased both the value and threats to the information privacy of individuals. The Malaysian Personal Data Protection Act 2010 (PDPA) was a governmental endeavour to protect the information privacy of the citizens. However, the Act's output and the level of compliance by the data users are in a halo of ambiguity. This qualitative study using the document analysis aimed to find out to what extent the communications companies comply with the Act. Hence, the privacy policies of these companies were evaluated in line with the requirements of the Act. The results indicated that more or less all samples failed to satisfy the PDPA requirements. The solutions provided by this research can be used as practical guidelines to draft a Standard Privacy Policy. The suggestions also would benefit the Personal Data Protection Commissioner in performing his duties and functions.
Keywords: data protection officer; data user; Malaysia; PDPA; personal data; privacy
The full article is available to subscribers to the journal.
Author's Biography
Ali Alibeigi in International Law (PG College of Law, Osmania University, India), PhD in Cyber Law (University of Malaya, Malaysia) is a lecturer, legal adviser and cyber law researcher. His expertise includes cyber law, privacy, personal data protection law, electronic commerce law, regional legal integration, public international law and e-skills in legal research.
Abu Bakar Munir is an internationally renowned scholar, expert and consultant on cyber law and data protection law. He is a professor of law and has recently been appointed as the Holder of Tun Ismail Mohamed Ali Chair at the Faculty of Law, University of Malaya, Malaysia. He is the author of several books and more than 400 articles in reputable journals on the subjects of cyber law, data protection law and other areas of research such as nanotechnology law and renewable energy law and policy. He speaks extensively at international seminars, workshops and conferences. He represented Asia in the Europe–Asia Dialogue on the Digital Economy at the Johns Hopkins University in Washington DC, where he shared the same dais with Dr. Vinton G. Cerf, recognised as one of the fathers of the internet. He is an adviser and of counsel to several legal firms around the globe.
