Department of Personal Data Protection issues Public Consultation Papers
21 August 2024
The Department of Personal Data Protection (“JPDP”) issued three public consultation papers (“PCP”) on 19 August 2024 to seek feedback from the public in developing the relevant subsidiary legislation and guidelines, pursuant to the new provisions introduced under the Personal Data Protection (Amendment) Bill 2024.
The subsidiary legislation and guidelines will provide additional guidance on the interpretation and implementation of the following new provisions i.e. data breach notification (“DBN”), appointment of data protection officer (“DPO”) and right to data portability.
The PCP (which are published in bilingual format with the Bahasa Malaysia version preceding the English language version) are as follows:
- PCP No. 1/2024: Implementation of DBN
This PCP seeks to gather views and feedback from the public regarding aspects that should be addressed in the proposed Personal Data Protection (Personal Data Breach Notification) Regulations and DBN Guideline.
The proposed requirements that will be addressed include the notification thresholds, manner and form, and timeframe for DBN to both the Personal Data Protection Commissioner and the affected data subjects, the applicable exemptions, data processors’ obligation to comply with the DBN requirements, concurrent application of the PDPA’s DBN regime with other sectoral laws.
- PCP No. 2/2024: Appointment of DPO
This PCP seeks to gather views and feedback from the public regarding aspects that should be addressed in the proposed Personal Data Protection (Data Protection Officer) Regulations and DPO Guideline.
The proposed requirements that will be addressed include the threshold requirement for mandatory appointment of DPO, whether DPOs are allowed to carry out additional job functions aside from their roles as DPOs, the minimum responsibilities of a DPO, as well as the minimum expertise, qualifications and certification of DPO.
- PCP No. 3/2024: Right to Data Portability
This PCP seeks to gather views and feedback from the public regarding aspects that should be addressed in the proposed Personal Data Protection (Right to Data Portability) Regulations and Data Portability Guideline.
The proposed requirements that will be addressed include the readiness or technical feasibility for the right to data portability, the types of personal data that will be subject to this right, the timeline to comply with data portability requests, as well as the charging of a fee for responding to these requests.
Interested parties and members of the public may submit their views and feedback on the PCP to JPDP via this
link by 6 September 2024.
Alert by Jillian Chia (Head/Partner), Natalie Lim (Partner), Charmayne Ong (Partner) and Beatrice Yew (Senior Associate) of the Personal Data Protection Practice of Skrine.
This alert contains general information only. It does not constitute legal advice nor an expression of legal opinion and should not be relied upon as such. For further information, kindly contact skrine@skrine.com.