Malaysia has quietly gazetted its Personal Data Protection Act 2010 (PDPA), effective immediately, and given businesses three months to ensure compliance.
The move comes almost one year after the act was scheduled to take effect on January 1, 2013, but delayed due to legal formalities. The bill was first drafted in 2001 and was originally expected to be implemented early-2010. An earlier note by the American Malaysian Chamber of Commerce indicated that the Act was scheduled to be passed August 16 this year, with businesses using personal user data required to register themselves with the Personal Data Protection Department of Malaysia (PDPD) by November 15, 2013. This, however, apparently was also rescheduled.
According to Kuala Lumpur-based lawyer Foong Cheng Leong, the act has been gazetted and comes into force today, with Tuan Abu Hassan bin Ismail appointed the Personal Data Protection Commissioner. Foong noted that the Act outlined four new subsidiary legislation, including the class of data users and registration of data users. Businesses that fall under these categories include banking and financial institutions, communications service providers, insurance companies, transportation, and utilities.