A Practical Guide to Personal Data Protection | 2023

A Practical Guide to Personal Data Protection | 2023

Despite being in force for nearly a decade since its enforcement in November 2013, organizations and individuals still grapple with the task of integrating the Personal Data Protection Act 2010 into their daily activities and operations. This book is designed to offer assistance in effectively complying with the PDPA 2010 and aims to present pragmatic remedies for the typical challenges encountered when harmonizing the right to privacy, safeguarding personal data, ensuring its security, and addressing the requirements and operations of businesses.

This book delves into the fundamental principles of the PDPA 2010, along with other vital facets of personal data management. These encompass:
• Core data protection principles.
• Sector-specific requisites that pertain to industries such as utilities, private healthcare, banking and insurance, and telecommunications.
• Handling personal data within the scope of employment.
• The authority and capabilities of the Personal Data Protection Commissioner.
• Strategies for managing data breaches.
• The repercussions of the European Union General Data Protection Regulation on Malaysian organizations.
• Prospective revisions to the PDPA 2010.

This book serves as an invaluable reference for law students, legal professionals, and individuals responsible for overseeing the handling of personal data within an organization.
• Illustrative real-life scenarios: The book effectively employs real-world examples to demonstrate the application of data protection principles in various situations. These practical illustrations help readers connect these concepts to everyday occurrences, bolstering their comprehension and practical implementation.
• A global perspective: In addition to its primary focus on the PDPA 2010, the book offers a comparative analysis of data protection regulations from different jurisdictions. This grants readers a worldwide outlook on data privacy practices, equipping them to navigate variations in international compliance.
• Relevance to diverse audiences: The book accommodates a broad readership, encompassing legal professionals, data protection officers, compliance officers, and students. Its adaptability renders it a valuable resource for professionals spanning various industries.
• Forward-looking insights: By anticipating forthcoming trends in data privacy, the authors engage in discussions about emerging technologies and potential legislative developments. This forward-thinking approach ensures that readers are well-prepared for the evolving landscape of data protection.

Table of Contents of A Practical Guide to Personal Data Protection | 2023

Part I: Introduction
Chapter 1: Introduction to the Personal Data Protection Act 2010
Chapter 2: Privacy vs Data Protection
Chapter 3: Data Privacy and Technology

Part II: Processing of Personal Data
Chapter 4: Data Protection Principles
Chapter 5: Exemptions
Chapter 6:: Rights of Data Subjects
Chapter 7 Transfer of Personal Data

Part III: Sector-Specific Requirements
Chapter 8: Data User Forum
Chapter 9: Utilities
Chapter 10: Private Healthcare
Chapter 11: Banking and Insurance
Chapter 12: Telecommunications
Chapter 13: Aviation

Part IV: Employment Issues
Chapter: 14 Managing Employee Data

Part V: Enforcement
Chapter 15: The PDP Commissioner
Chapter 16: Managing Data Breaches

Part VI: The European General Data Protection Regulation
Chapter 17:  Implications of the EU GDPR
Chapter 18: Proposed Amendments to the Personal Data Protection Act 2010

About The Authors of A Practical Guide to Personal Data Protection | 2023

Adlin Abdul Majid
Adlin Abdul Majid embarked on her legal career in 1999, initially practicing law before becoming a part of the government agency overseeing the Multimedia Super Corridor initiative. During this phase, she played a pivotal role in advancing Malaysia's information and communications technology industry, contributing from policy, legal, and regulatory standpoints. Subsequently, Adlin returned to her legal practice, concentrating on matters related to technology, media, and telecommunications law. She provided counsel to clients on various technology-related issues, including the digital transformation of businesses, e-commerce, digital banking, as well as privacy and data protection matters. She garnered recognition as an esteemed individual and prominent lawyer through reputable legal rankings like the Legal 500 and Chambers and Partners, primarily for her expertise in technology, privacy, and data protection. She actively authored articles on these subjects, which were published in both Malaysian and international publications. Adlin also contributed to the Annotated Statutes of Malaysia – Personal Data Protection Act 2010 (2016). In 2021, Adlin achieved a significant milestone by being appointed to the Malaysian judiciary. She presently serves as a Judge of the High Court of Malaya in Kuala Lumpur. Adlin holds a degree from the University of Oxford.

Eleena Abd Wahab
Eleena Abd Wahab embarked on her career as a legal professional, specializing in the areas of data protection and privacy. During her practice, she provided guidance to a diverse clientele, including local and international companies spanning various sectors such as banking, retail, logistics, telecommunications, and government entities. Her expertise centered on assisting them in adhering to the compliance requirements of the Personal Data Protection Act 2010 and the European Union General Data Protection Regulation. Eleena gained recognition for her accomplishments, earning the title of a "Rising Star" in the field of technology, media, and telecommunications from the prestigious Legal 500 ranking for two consecutive years. Currently, Eleena holds the position of senior consultant for data and privacy at a global consulting firm. Her primary focus is on ensuring that organizations in Southeast Asia comply with privacy regulations. She advises clients on how to meet privacy and data protection standards set by foreign laws, including the Singapore Personal Data Protection Act 2012, the Thailand Personal Data Protection Act 2019, and the Vietnam Personal Data Protection Decree. Eleena pursued her legal education at the University of Reading and subsequently earned a Master of Laws (LLM.) degree from Cardiff University.

Arissa Ahrom
Arissa Ahrom currently serves as a Senior Associate within the Employment & Industrial Relations division at Lee Hishammuddin Allen & Gledhill. Her responsibilities involve managing a substantial caseload of industrial relations disputes that can extend from the Industrial Court to the highest-level Courts, particularly those related to employee claims of unfair dismissal. Arissa has also developed expertise in advising employers on matters of compliance with the Personal Data Protection Act 2010, particularly within the context of employment. In addition to her legal practice, Arissa plays significant roles as a contributing editor for the Annotated Statutes of Malaysia – Industrial Relations Act 1967 (2021 update) and the Annotated Statutes of Malaysia – Trade Unions Act 1959 (2021 update). She has also co-authored the LexisAdvance Practical Guidance Malaysian Employment Module. Arissa pursued her legal studies at Queen’s University of Belfast and was subsequently called to the Bar of England and Wales in 2017. Following that, she was admitted as an Advocate & Solicitor of the High Court of Malaya in 2018. Arissa is additionally a member of the Honourable Society of Middle Temple.

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