Circular MF2/2014

FREQUENTLY ASKED QUESTIONS (FAQS) -PERSONAL DATA PROTECTION ACT 2010

The coming into force of the Personal Data Protection Act 2010 (“PDPA”) on 15 Nov 2013 has immediate and direct implications for MIA member firms. It has been observed that many member firms are seeking clarification in respect of circular MF 21/2013 dated 11 December 2013 issued by the Instutute in respect of the registration as data user under the PDPA 2010. The points raised are in respect of the registration requirements and processes.

We wish to draw your attention to the Personal Data Protection (Class of Data Users) Order 2013 and section 15(1) of the PDPA, which provides that MIA member firms (in partnerships) are required to register themselves with the Personal Data Protection Commissioner as data user. The deadline for registration as data user is 15 February 2014 and please take note that no extension of time will be given.

To help provide clarity to the data user registration requirements and processes, please see the frequently asked questions (FAQs) attached.

Please note that although there is no data user registration requirement at present for member firms in other business forms such as sole proprietorships and limited liability partnerships, they are still required to comply with the principles of the personal data protection.

If you need further clarifications, please contact the Personal Data Protection Department /Registration Unit at 03-8911 5113 or 03-8911 7925 or visit their website at http://www.pdp.gov.my/index.php?lang=ms.

Please be guided accordingly.

HO FOONG MOI (MS)
Chief Executive Officer