The Personal Data Protection Commissioner registered the General Code of Practice of Personal Data Protection
15 February 2023
The Personal Data Protection Commissioner (“PDP Commissioner”) recently issued the General Code of Practice of Personal Data Protection (“General COP”) on its official website, which appears to be effective from 15 December 2022.
Application of the General COP
The General COP applies to classes of data users who are currently not subject to any codes of practice registered by the PDP Commissioner, by virtue of Section 24 of the Personal Data Protection Act 2010 (“PDPA”).
To date, the PDP Commissioner has registered codes of practice for the following sectors:
- The banking and financial sector
- The insurance and takaful industry
- The utilities sector (water)
- The utilities sector (electricity)
- The aviation sector
- The licensees under the Communications and Multimedia Act 1998
- the private hospitals in the healthcare industry
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 firstname.lastname@example.org.
The General COP applies to the classes of data users who do not fall within the sectors listed above. Some examples include organisations in the following sectors e.g., tourism and hospitalities, education, direct selling, professional services (legal, audit, accountancy, engineering, architecture), real estate.
Non-compliance of the General COP
The General COP is stated to have the force of law and non-compliance with the provisions therein is an offence under the PDPA, which may attract a fine of not exceeding MYR 100,000 or imprisonment for a term not exceeding one year, or both.
The General COP can be found here
. A full write up on the salient points of the newly registered General COP will follow.
Alert by Jillian Chia (Partner), Natalie Lim (Partner), Beatrice Yew (Associate) and Cheam Tat Sean (Associate) of the Personal Data Protection Practice of Skrine.