New Report on Limits of “Consent” in Malaysia’s Data Protection Law

Introduction

Today, the Future of Privacy Forum (FPF) and the Asian Business Law Institute (ABLI), as part of their ongoing joint research project: “From Consent-Centric Data Protection Frameworks to Responsible Data Practices and Privacy Accountability in Asia Pacific,” are publishing the eighth in a series of detailed jurisdiction reports on the status of “consent” and alternatives to consent as lawful bases for processing personal data in Asia Pacific (APAC).

This report provides a detailed overview of relevant laws and regulations in Malaysia, including:

notice and consent requirements for processing personal data;the status of alternative legal bases for processing personal data which permit processing of personal data without consent if the data controller undertakes a risk impact assessment (e.g., legitimate interests); andstatutory bases for processing personal data without consent and exceptions or derogations from consent requirements in laws and regulations.

The findings of this report and others in the series will inform a forthcoming comparative review paper which will make detailed recommendations for legal convergence in APAC.

Malaysia’s Data Protection Landscape

The Personal Data Protection Act 2010 (PDPA) is the main data protection legislation in Malaysia and gives effect to the 7 Data Protection Principles (PDP Principles):

The General Principle requires data controllers to obtain data subjects’ consent to process their personal data.The Notice and Choice Principle requires data controllers to provide data subjects with certain information when their personal data is processed.The Disclosure Principle limits the circumstances in which data controllers can share personal data with third parties.The Security

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