Personal Data Protection

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Cyber Law on E-Commerce CYBER LAW ON E-COMMERCE PERSONAL DATA PROTECTION STATUTES COMPARED TABLE OF CONTENTS 1.0INTRODUCTION 2.0PERSONAL DATA PROTECTION ACT 2010 2.1Application 2.2Principles 2.2.1General Principle 2.2.2Notice & Choice Principle 2.2.3Disclosure Principle 2.2.4Security Principle 2.2.5Retention Principle 2.2.6Data Integrity Principle 2.2.7Access Principle 2.3Right of Data Subject 2.4Penalties 3.0DATA PROTECTION ACT 1998 3.1Application 3.2Principles 3.2.1Processed Fairly & Lawfully 3.2.2Obtained only for One/ More Specified & Lawful Purposes 3.2.3Adequate, Relevant & Not Excessive 3.2.4Accurate & Where Necessary, Kept Up to Date 3.2.5Processed Data Not Kept for Longer Than is Necessary 3.2.6Processed in Accordance with Rights of Data Subject 3.2.7Taking Appropriate Measures Against Unauthorised/Unlawful Processing & Against Loss/Damage 3.2.8Personal Data shall Not be Transferred to Countries outside of EEA without Adequate Level of Protection 3.3Rights of Data Subject 3.4Penalties 4.0SIMILARITIES BETWEEN PDPA 2010 AND DPA 1998 5.0EXAMPLE OF CASES 5.1Malaysia 5.2United Kingdom 6.0REFERENCES 7.0APPENDIX .

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1.0INTRODUCTION

With the advancement and sophistication of today’s technologies, the world is no longer safe from privacy. Worst of all, there is no law that is able to govern or defend against data privacy or personal data in the Cyberworld. As a result, hackers/perpetrators breach into the privacy of victims, stealing valuable and personal information without victim’s knowledge for various purposes, usually to commit frauds. With the rise of cybercrimes and data frauds, protection of personal information and data becomes more crucial. Therefore, a statute was proposed in Malaysia and was named the Personal Data Protection Act 2010 (PDPA) that seeks to regulate processing of personal data of individuals that are involved in commercial transactions. More importantly, it was drafted to provide protection to any individual’s personal data. The act was gazetted in the year June 2010 but was not put into force until November 2013. On the other hand, there are other countries that already have governing statutes to protect personal data since a long time ago. As such, the United Kingdom has amended such an act to safeguard the information for the interests of individuals. The act was called Data Protection Act 1998 (DPA). It was first composed in 1984 and was updated in 1998. Since the law of Malaysia is mainly based on the common law legal system, both acts might share similarities which will be further elaborated in the later sections.

2.0PERSONAL DATA PROTECTION ACT 2010

The Malaysia PDPA 2010 has important details that should be noted and elaborated in this assignment. First of all, PDPA is applicable through certain scenarios that must be fulfilled to have the personal data be protected. Furthermore, the processing of personal data should also comply with PDPA 2010 7 principles which are the General Principle, Notice & Choice Principle, Disclosure Principle, Security Principle, Retention Principle, Data Integrity Principle and Access Principle. Besides that,

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