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Death of Data Peddlers

an afternoon on Personal Data Protection Regime & how it affects you

11th may 2010suaran singh sidhu

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some issues Automatic opt-in?

Is this consent from d/subject? …..

For ‘sensitive p/d’ Section 40: “…explicit consent..”

Registration: s.13 ~ Act applies to ALL D/users D/Users falling within a class as Gazetted by Ministry,

need to register Offence: RM500K and/or up to 3years imprisonment

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some (further) issues Codes of practice

Only one code will apply to one class of d/users S.25(2): compliance is mandatory S.29: offence - RM100K and/or 1year jail

Data access request (DAR): s.30~ D/subject to pay fee D/user with different entities - separate DAR Compliance: within 21days Refusal to comply: s.32

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The Banker Where is the Bank established?

Estd in Msia? - 6mths, Msian Co/etc formed in Msia, or has office/branch/agency/regular practice

If not Malaysian - nominate local rep. Personal data processed? By whom? - by bank, employees or

“engaged by that establishment” Other than transit? - an exception

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The eCommerce Set-Up The website auto-collects p/data Is information processed? Sending out auto-reply emails/responses: is

this processing? Information captured for processing

payment Payment gateway/portal run by 3P - who’s d/user? Based abroad?

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The Insurance Co. Contains sensitive p/d If processing done by D/Processor:

Security Principle: s.9(2) - similar guarantees expected from D/Processor

When can the panel doctor reveal your personal data to the insurance company?

Disclosure to lawyers for filing/settling legal actions

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The Content Providers. Consider communications companies Content providers ‘spammers’ Their ‘connection’ with existing telcos

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…and some others Hospitals Multinationals Touch n Go operator Scratch n Win & other contests (p/data is

collected) Colleges/universities Companies selling items based on personal

traits/information (e.g. birth date, numerology)

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am i within the PDP scheme?

Thank you, hope we all learnt something today

A presentation by Suaran Singh Sidhu