Malaysian DP Act to enter into force in June

Malaysia’s Information, Communications and Culture Minister, Datuk Seri Dr Rais Yatim, announced on 9 February that the Personal Data Act 2010 will be enforced from June 2012. According to Malaysia’s national news agency, Bernama, the minister made the announcement as he opened the Personal Data Protection Department (PDPD) at the Ministry of Information, Communications and Culture (MICC).

Noriswadi Ismail, Managing Consultant at Quotient Consulting (QC) based in the UK and Malaysia, told PL&B that he interprets the Personal Data Protection Act 2010 as meaning that the Act could not be enforced without having an independent Data Protection Commissioner in place. But he understands that the Department has been set up to facilitate the implementation of the Act instead of enforcing the Act.

However, it is possible that the government may adopt amendments relating to the provisions of Data Protection Commissioner under the Act. Whether the PDPD would replace the role of Data Protection Commissioner remains to be seen, as its role has not been defined, Ismail said.