Malaysian Personal Data Protection Act, a Mysterious Application

Abstract

Malaysia is a pioneer in drafting and executing personal data protection law among the ASEAN countries. However, the adequacy of this protection regime is questionable. This study is aimed at evaluating the aptitude of the Personal Data Protection Act (2010) (P.D.P.A.) from the application perspective. The evaluation and analysis of the application and scope of the P.D.P.A. through comparative and descriptive approaches shows that the Act has provided for a narrow scope with wide exemptions. This approach may hinder a standard personal data protection legal system for the protection of individuals’ privacy. Moreover, the P.D.P.A. will fail the adequacy test of the developed nations such as the European Union Member States.