Malaysian Personal Data Protection Act, a Mysterious Application

• Autore: Ali Alibeigi, Abu Bakar Munir
• Carica: Ph.D. in Cyber Law, University of Malaya (Malaysia)/Professor of Law at University Of Malaya (Malaysia)
• Pagine: 362-374

†Dr. Ali Alibeigi, Ph.D. in Cyber Law, University of Malaya (Malaysia); LL.M. in International Law (Osmania

University, India); LL.B. (Hons) (Islamic Azad University, Iran). Dr. Alibeigi is a part-time lecturer, legal

advisor and cyber law researcher. Contact: alibeigi_a_80@yahoo.com. Orcid iD: 0000-0001-6927-6011.

Abu Bakar Munir, Professor of Law at University Of Malaya (Malaysia); member of the Academic Advisory

Council of the Asia Pacific Institute for Digital Economy (Japan); member of the Asian Privacy Scholars

Network (Australia). Professor Munir is an internationally renowned Visiting Professor, consultant and legal

adviser on ICT Law, Data Protection Law, Nanotechnology Law, Renewable Energy Law and Policy. He is the

author of several books and has widely published articles in reputable journals, including Nature. He was

advisor to the government of Malaysia on crafting the 2010 Personal Data Protection Act and is currently

assisting the government of the Republic of Indonesia in developing a personal data protection law. Contact:

abmunir@um.edu.my

Acknowledgment - This research work has been funded by the Universityof Malaya Research Grant (UMRG),

Project No: RP006C/13ICT. The authors would like to thank the University of Malaya for the financial

support.

llV

OLUME

5llI

SSUE

2 N

OTES

U

NIVERSITY OF

B

OLOGNA

L

AW

R

EVIEW

hps://doi.org/10.6092/issn.2531‐6133/12441

A

Malaysian Personal Data Protecon Act,

a Mysterious Applicaon

A

LI

A

LIBEIGI

&A

BU

B

AKAR

M

UNIR

†

ABSTRACT

Malaysia is a pioneer in drafting and executing personal data protection law among the ASEAN

countries. However, the adequacy of this protection regime is questionable. This study is aimed

at evaluating the aptitude of the Personal Data Protection Act (2010) (P.D.P.A.) from the

application perspective. The evaluation and analysis of the application and scope of the P.D.P.A.

through comparative and descriptive approaches shows that the Act has provided for a narrow

scope with wide exemptions. This approach may hinder a standard personal data protection legal

system for the protection of individuals’ privacy. Moreover, the P.D.P.A. will fail the adequacy

test of the developed nations such as the European Union Member States.

KEYWORDS

Compliance; Information; Privacy; Personal Data Protection Act; General Data Protection Regulation

TABLE OF CONTENTS

Introduction ............................................ 363

1.ObjectivesofP.D.P.A. ...................................... 363

2.ScopeofP.D.P.A.......................................... 363

3.ApplicationExemptions..................................... 365

4.Critique ............................................. 368

Remarks .............................................. 372

362