Saturday, November 13, 2010

PDPA 2010, oppositions and limitations…

 From opposition point of view, despite agreements in principle for the need of such law, there are some few concerns raised, mainly:
  • On the applicability of the law, it is argued it should extend the application to the biggest data pool in the country, i.e. the Government (The law in section 3 excludes Federal & State Governments. from its application).
  • Argument that the Commissioner should be answerable to Parliament instead of Minister.
  • That the law provides too wide exemptions. One MP cited that this is not in line with the international standard as found in the EU Directive.
  • That time frame should be prescribed on certain obligations such as the retention period.
The ruling proponents’ side maintains that the Government should be excluded from the application due to certain necessities. But obviously this policy has been opted by the Government, or perhaps there are other laws or rules in place that would control the misuse of personal data at the Government agencies.
The argument that PDP Commissioner should be answerable to Parliament is refuted on the basis that such manner would be a distortion from the established doctrine of separation of powers that is adopted by the Malaysian constitution.
The debates have left some questions on the efficiency of the Act implementation in future.
Well, with all these controversies, the law is still considered a real gift for the people who have suffered enough for the abuse of their own personal data.

We hope some day a same Act will be passed in Iran, protecting the users from the damage other than the financial one! 

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