Proposed Amendment To Personal Data Protection Act Requires Appointment Of Data Protection Officer

Data users will be required to appoint a data protection officer under the proposed amendment to the Personal Data Protection Act 2010 (Act 709), said Communications and Multimedia Minister Tan Sri Annuar Musa.

He said the proposed amendment would also include the introduction of data breach notification which required all data users to report data leaks to the Commissioner of the Personal Data Protection Department (JPDP) within 72 hours, according to Bernama.

‘Data user’ means a person, either alone or together with others, who processes any personal data or has control over or authorises the processing of any personal data, but does not include a data processor.

Apart from that, the amendment will also require the data processor to comply with security principles and allow the transfer of personal data between data users at the request of the data subject if the technical system allows it.

“These proposed amendments will establish a stronger and more dynamic data protection policy through the use of new instruments,” he said during the Minister’s Question Time in the Dewan Rakyat today.

He was responding to a question by Shaharizukirnain Abd Kadir (PAS-Setiu) on the ministry’s plan to amend several clauses in the Personal Data Protection Act in fighting against cybercrimes that had caused nearly 100 million cases of personal data breaches.

Annuar said the proposed amendment had been forwarded to the Attorney-General’s Chamber (AGC) last June 28 for further action.

“As soon as we receive feedback or the final draft from the AGC,  a cabinet paper or memorandum will be prepared,” he added.

He said the ministry hoped to be able to table the proposed amendment at the Parliament session this October.

Apart from the proposed amendment, he said, the ministry was also working on other measures to deal with the issue of leakage and scam, including through advocacy and creating a platform to enable the public to check the validity of the calls they receive.

“We are planning to have a platform where members of the public when they receive suspicious calls, can straight away refer to check the validity of the name whether it comes from a legitimate line holder or not,” he said.

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