Privacy and Personal Data
[2009] 5 MLJ ciii
Malayan Law Journal Articles
2009
PRIVACY AND PERSONAL DATA PROTECTION IN THE MALAYSIAN COMMUNICATIONS SECTOR — EXISTING IN A VOID?
PK Yong
Advocate and Solicitor LLM (Information Technology and Telecommunications Law)
Introduction
Networks and services, which provide a secure environment, are fundamental to consumer confidence. This confidence rests on the premise that the privacy of communication is protected. At its basic core, this means respect for fundamental human rights of individuals in society.
What is ‘privacy’ then? Is it the right to be merely ‘left alone’?1 Legal definitions of the concept are imprecise but it is clear that ‘everyone has the right to respect his private and family life, his home and his correspondence’,2 though this is usually limited by exceptions in the public interest of security. In this scenario, privacy will include relevant information that is generated in respect of individuals and the way such information is used. In this sense, the information or data that is generated is as much an integral feature of the protection of individual human rights as is the right of individuals not to be physically harmed in an unjust manner. In the context of communication networks and services, data protection to safeguard the privacy or human rights of individuals is developing rapidly across many countries but at different levels and areas of protection. In this article, we will analyse the regime under the Malaysian Communications and Multimedia Commission Act 1998 (‘CMA’).
5 MLJ ciii at civ
The Coming Constructs of Privacy and Personal Data Protection?
At the outset, it must be mentioned that the concept of privacy is not a fundamental human right under the Malaysian Constitution.3 However, its importance has been recognised both, in a general sense as well as in the field of telecommunications.4
The Sector Ministry is presently engaged in drafting a new piece of legislation on personal data protection,
Malayan Law Journal Articles
2009
PRIVACY AND PERSONAL DATA PROTECTION IN THE MALAYSIAN COMMUNICATIONS SECTOR — EXISTING IN A VOID?
PK Yong
Advocate and Solicitor LLM (Information Technology and Telecommunications Law)
Introduction
Networks and services, which provide a secure environment, are fundamental to consumer confidence. This confidence rests on the premise that the privacy of communication is protected. At its basic core, this means respect for fundamental human rights of individuals in society.
What is ‘privacy’ then? Is it the right to be merely ‘left alone’?1 Legal definitions of the concept are imprecise but it is clear that ‘everyone has the right to respect his private and family life, his home and his correspondence’,2 though this is usually limited by exceptions in the public interest of security. In this scenario, privacy will include relevant information that is generated in respect of individuals and the way such information is used. In this sense, the information or data that is generated is as much an integral feature of the protection of individual human rights as is the right of individuals not to be physically harmed in an unjust manner. In the context of communication networks and services, data protection to safeguard the privacy or human rights of individuals is developing rapidly across many countries but at different levels and areas of protection. In this article, we will analyse the regime under the Malaysian Communications and Multimedia Commission Act 1998 (‘CMA’).
5 MLJ ciii at civ
The Coming Constructs of Privacy and Personal Data Protection?
At the outset, it must be mentioned that the concept of privacy is not a fundamental human right under the Malaysian Constitution.3 However, its importance has been recognised both, in a general sense as well as in the field of telecommunications.4
The Sector Ministry is presently engaged in drafting a new piece of legislation on personal data protection,