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Government-media relations discussed -Pakistan Press Foundation (PPF)
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Leslie on October 24, at 2: Jaila also differentiated between blanket, periodic and one-off consent: Blanket consent is ruled out by the PDPA, while Jaila solicited the explicit, deliberate consent opt-in on a periodic basis such as the duration of a medical surgery. Companies may adopt standards which go beyond compliance with the PDPA, collecting consent to the use of employee medical data right at the on-boarding process.
Companies also struggle to align their marketing practices to the PDPA requirements ensuring minimal impact on business operations and cost structures. Two regimes have been proposed, one addressing postal mail, where the opt-out approach suffices, and one focused on electronic Direct Marketing eDM and SMS marketing. Chew emphasised the importance of clear communication to customers at all times, serving to avoid complaints in the case of complex situations such as marketing across group businesses within a large conglomerate.
Rob Borthwick of Axiata addressed some of the regulatory gaps in consent mechanisms, calling for the more stringent regulation of third-party data intermediaries, especially companies specialised in selling customer data.
Axiata, for instance, maintains a data security policy with each of its operating companies and data protection clauses are incorporated in all vendor contracts.
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These are accompanied by audit provisions and a recently commenced programme of audits. The challenges often lie in the resources and technologies necessary for execution: Chew pointed out that many companies lack the systems to differentiate between opt in and opt out for postal, SMS or electronic marketing.
Edmund Sia of Motorola Solutions described the processes needed for the tracking of non-responses to consent requests, the evaluation and quick response data access requests, and the classification of third-party data intermediaries. PDPA is imperative to retain not only customer trust, but investor confidence in Malaysia. MDeC engages with the JPDP, foreign and domestic governments as well as data users to ensure the right balance between the fundamental respect of privacy rights and the collection of sufficient evidence for law enforcement actions.
Tan and Chan spoke about the transparency measures undertaken by technology giants such as Apple, Microsoft and Facebook, who periodically disclose their response to government data requests, and the benefits offered by international legal frameworks such as the Mutual Legal Assistance Treaty MLAT between Malaysia and the U.
Privacy officials are, therefore, encouraged to keep up-to-date on the public consultation processes in relation to the PDPA and in places where the in-house counsel assumes this role, proactive engagement with the Commissioner becomes a key responsibility for the legal department. Norsidah Mohamed of the Universiti Teknologi Malaysia revealed alarming statistics, namely that 90 percent of mobile apps are exposed to traffic interception.
The absence of standards on mobile app design renders personal data on such platforms, especially on apps requiring the input of financial information, critically vulnerable to abuse.
The PDPA clarifies that apps should, at no times, access personal data without consent. But the challenge lies in policing this clause. Leow, a former management consultant-turned-entrepreneur pioneers educational apps targeting high school students.
He explained that data collection and analytics number of log-ins, time spent on the app, etc. Leow also pointed out that many data breaches derive from consumer error through insufficient caution in granting permission to apps to access personal data contact list, photos and social media membership. Ultimately, as projected by Revantha Sinnetamby of the Malaysian Corporate Counsel Association MCCAtransparency and data security should be mutually inclusive, involving the "Appification" society in stringent data protection enforcement.
Companies such as Heineken have voluntarily pioneered industry self-regulation with the latter incorporating clauses on data security and audit in contracts with third-party app developers.
Kandiahpillai identified key challenges including the definition of personal data, the practical assessment of employee data requests, the varying degree of PDPA enforcement in different jurisdictions and the risk of abuse of the PDPA rules by employees in the context of litigation proceeding. Indirani Viknaraja of K8 Data Protection Consultants defined that a mere mention of someone's name in a document does not make it their personal data, unless it becomes the focus of the discussion.
Someone's personal opinion can also be classed as personal data. According to the European Data Protection Law, relevant exemptions can be used to withhold personal information; for instance, in cases when the information is directly relevant to an ongoing investigation or corporate restructuring.