DP legislation: Malaysia ponders its next steps

Jeremy Phillips

Malaysia is now contemplating its data protection regime, according to an article in The Star online. A draft Data Protection Bill was released in November 2002, but never became law “for reasons unspecified”. Regulatory protection is thus in piecemeal form, via legislation such as the Banking and Financial Institutions Act 1989 and the Digital Signature Act 1997, with the equitable principles of confidential information providing some measure of redress for the individual.  The European model for protection, based on Directive 95/46, is considered by some to be a model for local legislation, not least because Malaysian businesses that trade with European counterparts in any manner that involves the processing of data are required to have a data protection that is acceptable in terms of the directive.

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