The Personal Data Protection Department is now actively enforcing the PDPA.
Companies in the hotel and education sector, as well as an employment agency have been fine up to RM 20,000 for breach of the PDPA.
Data users should therefore ensure that there is full compliance with all the requirements under the PDPA and its subsidiary legislation, including the Personal Data Protection Regulation and the Personal Data Protection Standards.
The details of the offence and penalty are set out below:
| No |
Entity |
Offence |
Penalty |
| 1. |
Hotel
Judgement date:20/9/2017 |
Section 16(4)
Processing personal data without certification of registration
Section 5(2)
Processing data subject’s personal data without consent |
Either:
- A total fine of RM 20,000 (RM 10.000 for each offence); or
- 8 months imprisonment
|
| 2. |
Private Higher
Education Institution
Judgement date:
14/8/2017 |
Section 16(4)
Processing personal data Without certificate of registration |
Either:
- A total fine of RM 10,000; or
- 3 months imprisonment
|
| 3. |
Employment Agency
Judgement date:
27/9/2017 |
Section 16(4)
Processing personal data without certificate of registration |
A fine of RM 10,000 |
Imprisonment may be applicable to any director or officer of tile body corporate, unless such individual manages to prove:
- the offence was committed without his/her knowledge,consent or connivance,and
- he/she had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence.
|
Author
Kherk Ying Chew
Kherk Ying Chew heads the Intellectual Property and Dispute Resolution Practice Groups of Wong & Partners. She has decades of experience in IP, commercial litigation, corporate compliance, information technology and Internet regulatory issues. Ms. Chew has been named among the Commended External Counsels of the Year 2017 by the In-House Community. She is also one of two Malaysians ranked in Top 250 Women in IP 2017 by Managing IP. She is ranked in the first tier of IP practitioners in Malaysia by Chambers Asia and Asia Pacific Legal 500. According to Chambers Asia Pacific, Ms. Chew is "an acclaimed figure in the sector, drawing praise as a lawyer who is 'really commercial, very practical' and 'knows her subject impressively well'". Asia Pacific Legal 500 had previously commented that she is "highly respected for contentious and non-contentious work" and has won "an important precedent-setting case for Malaysian software copyright law.”
