Registration of persons who process personal data before the date of coming into operation of this Act
Article 146: Any person who at the date of coming into operation of this Act...
Personal data processed before the date of coming into operation of this Act
Article 145: Where a data user has collected personal data from the data subject or...
eBOOK ● PDPM-P11 ● KNOWLEDGE BANK
Prevention of anomalies
Article 144: The Minister may,make such modifications to the provisions of this Act...
eBOOK ● PDPM-P10 ● KNOWLEDGE BANK
Power to make regulations
Article 143: The Minister may make such regulations as may be necessary or...
eBOOK ● PDPM-P10 ● KNOWLEDGE BANK
Things done in anticipation of the enactment of this Act
Article 142: All acts and things done by any person in preparation for or in anticipation of the enactment of this Act...
eBOOK ● PDPM-P10 ● KNOWLEDGE BANK
Obligation of secrecy
Article 141: Except for any of the purposes of this Act or for the purposes of any civil or criminal proceedings under any written law...
eBOOK ● PDPM-P10 ● KNOWLEDGE BANK
Protection of informers
Article 140: Except as provided in subsections (2) and (3), no witness in any civil or criminal proceedings pursuant to this Act...
eBOOK ● PDPM-P10 ● KNOWLEDGE BANK
Protection against suit and legal proceedings
Article 139: No action, suit, prosecution or other proceedings shall lie or be brought, instituted or maintained in any court against...
eBOOK ● PDPM-P10 ● KNOWLEDGE BANK
Public servant
Article 138: The Commissioner, Deputy Commissioner, Assistant Commissioner, any officer or...
eBOOK ● PDPM-P10 ● KNOWLEDGE BANK
Public Authorities Protection Act 1948
Article 137: The Public Authorities Protection Act 1948 [Act 198] shall apply to any action...
eBOOK ● PDPM-P10 ● KNOWLEDGE BANK
Service of notices or other documents
Article 136: Service of a notice or any other document upon any person shall be effected...
eBOOK ● PDPM-P10 ● KNOWLEDGE BANK
Jurisdiction to try offences
Article 135: Notwithstanding any other written law to the contrary...
eBOOK ● PDPM-P10 ● KNOWLEDGE BANK
Offences by body corporate
Article 133: If a body corporate commits an offence under this Act...
eBOOK ● PDPM-P10 ● KNOWLEDGE BANK
Compounding of offences
Article 132: The Commissioner may,compound any offence committed by any person under this Act...
eBOOK ● PDPM-P10 ● KNOWLEDGE BANK
Abetment and attempt punishable as offences
Article 131: A person who abets the commission of or who attempts to commit any offence under this Act shall be...
eBOOK ● PDPM-P10 ● KNOWLEDGE BANK
Unlawful collecting, etc., of personal data
Article 130: A person shall not knowingly or recklessly, without the consent of the data user...
eBOOK ● PDPM-P10 ● KNOWLEDGE BANK
Transfer of personal data to places outside Malaysia
Article 129: A data user shall not transfer any personal data of a data subject to a place outside Malaysia unless...
eBOOK ● PDPM-P10 ● KNOWLEDGE BANK
Register
Article 128: The Commissioner shall maintain in both physical and electronic forms...
eBOOK ● PDPM-P10 ● KNOWLEDGE BANK
Power of arrest
Article 127: An authorized officer or police officer may arrest without warrant...
eBOOK ● PDPM-P9 ● KNOWLEDGE BANK
Joinder of offences
Article 126: Notwithstanding anything contained in section 164 of the Criminal Procedure Code...
eBOOK ● PDPM-P9 ● KNOWLEDGE BANK
Forfeiture of computer, book, account, etc., seized
Article 125: Any computer, book, account, computerized data or other document,shall be liable to forfeiture...
eBOOK ● PDPM-P9 ● KNOWLEDGE BANK
Admission of statements in evidence
Article 124: Except as provided in this section, no statement made by any person...
eBOOK ● PDPM-P9 ● KNOWLEDGE BANK
Examination of persons acquainted with case
Article 123: An authorized officer making an investigation under this Act...
eBOOK ● PDPM-P9 ● KNOWLEDGE BANK
Power to require attendance of persons acquainted with case
Article 122: An authorized officer making an investigation under this Act...
eBOOK ● PDPM-P9 ● KNOWLEDGE BANK
Power to require production of computer, book, account, etc.
Article 121: An authorized officer shall,have the power to do all or any of the following...
eBOOK ● PDPM-P9 ● KNOWLEDGE BANK
No cost or damages arising from seizure to be recoverable
Article 119: No person shall,be entitled to the costs of...
eBOOK ● PDPM-P9 ● KNOWLEDGE BANK
Release of computer, book, account, etc., seized
Article 118: If any computer, book, account, computerized data or other document...
eBOOK ● PDPM-P9 ● KNOWLEDGE BANK
List of computer, book, account, etc., seized
Article 117: Except as provided in subsection (2), where any computer, book, account, computerized data or...
eBOOK ● PDPM-P9 ● KNOWLEDGE BANK
Warrant admissible notwithstanding defects
Article 116: A search warrant issued under this Act shall be valid and...
eBOOK ● PDPM-P9 ● KNOWLEDGE BANK
Access to computerized data
Article 115: An authorized officer conducting a search under sections 113 and 114 shall be given access to...
eBOOK ● PDPM-P9 ● KNOWLEDGE BANK
Search and seizure without warrant.2
Article 114: If an authorized officer is satisfied upon information received that he has reasonable cause to believe that...
eBOOK ● PDPM-P9 ● KNOWLEDGE BANK
Search and seizure with warrant.1
Article 113: If it appears to a Magistrate, upon written information on oath from the authorized officer...
eBOOK ● PDPM-P9 ● KNOWLEDGE BANK
Power of investigation
Article 112: An authorized officer may investigate the commission of any offence under this Act...
eBOOK ● PDPM-P9 ● KNOWLEDGE BANK
Authority card
Article 111: The Commissioner shall issue to each authorized officer an authority card which...
eBOOK ● PDPM-P9 ● KNOWLEDGE BANK
Authorized officers
Article 110: The Commissioner may in writing authorize any officer...
eBOOK ● PDPM-P9 ● KNOWLEDGE BANK
Variation or cancellation of enforcement notice
Article 109: The Commissioner may, on his own initiative or on the application of a relevant data user...
eBOOK ● PDPM-P8 ● KNOWLEDGE BANK
Enforcement notice
Article 108: Where, following the completion of an investigation about an act, practice or request specified in the complaint, the Commissioner is...
eBOOK ● PDPM-P8 ● KNOWLEDGE BANK
Commissioner may carry out or continue investigation initiated by complaint notwithstanding withdrawal of complaint
Article 107: Where the Commissioner is of the opinion that it is in the public interest so to do...
eBOOK ● PDPM-P8 ● KNOWLEDGE BANK
Restriction on investigation initiated by complaint
Article 106: The Commissioner may refuse to carry out or continue an investigation initiated by a complaint if...
eBOOK ● PDPM-P8 ● KNOWLEDGE BANK
Investigation by Commissioner
Article 105: Where the Commissioner receives a complaint under section 104...
eBOOK ● PDPM-P8 ● KNOWLEDGE BANK
Complaint
Article 104: Any individual or relevant person may make a complaint in writing to the Commissioner about an act, practice or request...
eBOOK ● PDPM-P8 ● KNOWLEDGE BANK
Reports by Commissioner
Article 103: The Commissioner may,publish a report...
eBOOK ● PDPM-P8 ● KNOWLEDGE BANK
Relevant data user, etc., to be informed of result of inspection
Article 102: Where the Commissioner has completed an inspection of...
eBOOK ● PDPM-P8 ● KNOWLEDGE BANK
Inspection of personal data system
Article 101: The Commissioner may carry out an inspection of...
eBOOK ● PDPM-P8 ● KNOWLEDGE BANK
Enforcement of decision of Appeal Tribunal
Article 100: A decision given by the Appeal Tribunal may...
eBOOK ● PDPM-P7 ● KNOWLEDGE BANK
Decision of Appeal Tribunal
Article 99: The decision of the Appeal Tribunal on any matter shall be...
eBOOK ● PDPM-P7 ● KNOWLEDGE BANK
Procedure of Appeal Tribunal
Article 98: The Appeal Tribunal may...
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Sitting of Appeal Tribunal
Article 97: The Appeal Tribunal shall sit on such dates and at such places as the Chairman may appoint...
eBOOK ● PDPM-P7 ● KNOWLEDGE BANK
Composition of Appeal Tribunal
Article 96: Every proceeding of the Appeal Tribunal shall be heard and disposed of by three members or...
eBOOK ● PDPM-P7 ● KNOWLEDGE BANK
Stay of decision pending appeal
Article 95: A decision of the Commissioner shall be valid, binding and enforceable pending the decision of an appeal by the Appeal Tribunal...
eBOOK ● PDPM-P7 ● KNOWLEDGE BANK
Record of decision of Commissioner
Article 94: The aggrieved person referred to in subsection 93(1) may, on his own initiative, request in writing from the...
eBOOK ● PDPM-P7 ● KNOWLEDGE BANK
Appeal to Appeal Tribunal
Article 93: Any person who is aggrieved by the decision of the Commissioner under this Act relating to matters, including...
eBOOK ● PDPM-P7 ● KNOWLEDGE BANK
Disclosure of interest
Article 92: A member of the Appeal Tribunal shall disclose...
eBOOK ● PDPM-P7 ● KNOWLEDGE BANK
Allowances
Article 91: The Chairman of the Appeal Tribunal appointed under paragraph 85(1)(a) shall be paid such fixed allowances and...
eBOOK ● PDPM-P7 ● KNOWLEDGE BANK
Vacation of office
Article 90: The office of a member of the Appeal Tribunal shall be vacated...
eBOOK ● PDPM-P7 ● KNOWLEDGE BANK
Temporary exercise of functions of Chairman
Article 89: The Minister may temporarily appoint any member of the Appeal Tribunal to act as...
eBOOK ● PDPM-P7 ● KNOWLEDGE BANK
Resignation and revocation of appointment
Article 88: The Minister may at any time revoke the appointment of a member of...
eBOOK ● PDPM-P7 ● KNOWLEDGE BANK
Tenure of office
Article 87: A member of the Appeal Tribunal appointed under subsection 85(1) shall, unless he sooner resigns or...
eBOOK ● PDPM-P7 ● KNOWLEDGE BANK
Secretary to Appeal Tribunal and other officers, etc.
Article 86: The Minister shall appoint a Secretary to the Appeal Tribunal on such terms and conditions as...
eBOOK ● PDPM-P7 ● KNOWLEDGE BANK
Members of Appeal Tribunal
Article 85: The Appeal Tribunal shall consist of the following members who...
eBOOK ● PDPM-P7 ● KNOWLEDGE BANK
Powers of Appeal Tribunal
Article 84: The Appeal Tribunal shall have the power...
eBOOK ● PDPM-P7 ● KNOWLEDGE BANK
Establishment of Appeal Tribunal
Article 83: There is established an Appeal Tribunal for...
eBOOK ● PDPM-P7 ● KNOWLEDGE BANK
Members to devote time to business of Advisory Committee
Article 82: The members of the Advisory Committee shall devote...
eBOOK ● PDPM-P6 ● KNOWLEDGE BANK
Minutes
Article 80: The Advisory Committee shall cause minutes of all its meetings to...
eBOOK ● PDPM-P6 ● KNOWLEDGE BANK
Advisory Committee may invite others to attend meetings
Article 79: The Advisory Committee may invite any person to attend any meeting or...
eBOOK ● PDPM-P6 ● KNOWLEDGE BANK
Time and place of meetings
Article 78: The Advisory Committee is to hold as many meetings as are necessary for...
eBOOK ● PDPM-P6 ● KNOWLEDGE BANK
Allowances
Article 77: The Chairman and all other members of the Advisory Committee may be paid such allowances as...
eBOOK ● PDPM-P6 ● KNOWLEDGE BANK
Vacation of office
Article 76: The office of a member of the Advisory Committee shall be vacated...
eBOOK ● PDPM-P6 ● KNOWLEDGE BANK
Temporary exercise of functions of Chairman
Article 75: The Minister may at any time revoke the appointment of any member of...
eBOOK ● PDPM-P6 ● KNOWLEDGE BANK
Revocation of appointment and resignation
Article 74: The Minister may at any time revoke the appointment of any member of...
eBOOK ● PDPM-P6 ● KNOWLEDGE BANK
Tenure of office
Article 73: A member appointed under section 72 shall, unless he sooner resigns or...
eBOOK ● PDPM-P6 ● KNOWLEDGE BANK
Members of Advisory Committee
Article 72: The Advisory Committee shall consist of the following members to...
eBOOK ● PDPM-P6 ● KNOWLEDGE BANK
Functions of Advisory Committee
Article 71: The functions of the Advisory Committee shall be...
eBOOK ● PDPM-P6 ● KNOWLEDGE BANK
Establishment of Advisory Committee
Article 70: There is established a...
eBOOK ● PDPM-P6 ● KNOWLEDGE BANK
Expenditure and preparation of estimates
Article 69: The expenditure of the Commissioner up to such amount as may be authorized by the Minister for...
eBOOK ● PDPM-P5 ● KNOWLEDGE BANK
Accounts and audit
Article 68: The Commissioner shall cause proper accounts to be kept and maintained in respect of...
eBOOK ● PDPM-P5 ● KNOWLEDGE BANK
Bank accounts
Article 67: The Commissioner shall open and maintain an account or accounts with...
eBOOK ● PDPM-P5 ● KNOWLEDGE BANK
Limitation on contracts
Article 66: The Commissioner shall not,enter into any contract under which...
eBOOK ● PDPM-P5 ● KNOWLEDGE BANK
Financial year
Article 65: The financial year of the Commissioner shall begin on...
eBOOK ● PDPM-P5 ● KNOWLEDGE BANK
Conservation of Fund
Article 63: It shall be the duty of the Commissioner to conserve the...
eBOOK ● PDPM-P5 ● KNOWLEDGE BANK
Expenditure to be charged on Fund
Article 62: The Fund may be expended for the following purposes...
eBOOK ● PDPM-P5 ● KNOWLEDGE BANK
Establishment of Fund
Article 61: For the purposes of this Act, a fund to be known as...
eBOOK ● PDPM-P5 ● KNOWLEDGE BANK
Returns, reports, accounts and information
Article 60: The Commissioner shall furnish to the Minister and any such public authority as...
eBOOK ● PDPM-P4 ● KNOWLEDGE BANK
Direction by Minister
Article 59: The Commissioner shall be responsible to the Minister...
eBOOK ● PDPM-P4 ● KNOWLEDGE BANK
Delegation of Commissioner’s functions and powers
Article 58: The Commissioner may,delegate any of his functions or...
eBOOK ● PDPM-P4 ● KNOWLEDGE BANK
Remuneration and allowances
Article 57: The Commissioner shall be paid such remuneration and allowances as...
eBOOK ● PDPM-P4 ● KNOWLEDGE BANK
Vacation of office
Article 56: The office of the Commissioner shall be vacated...
eBOOK ● PDPM-P4 ● KNOWLEDGE BANK
Temporary exercise of functions and powers of Commissioner
Article 55: The Minister may temporarily appoint a Deputy Commissioner to...
eBOOK ● PDPM-P4 ● KNOWLEDGE BANK
Revocation of appointment and resignation
Article 54: The Minister may at any time revoke the appointment of...
eBOOK ● PDPM-P4 ● KNOWLEDGE BANK
Tenure of office
Article 53: Subject to such conditions as may be specified in his instrument of appointment...
eBOOK ● PDPM-P4 ● KNOWLEDGE BANK
Loans and advances to officers and servants
Article 52: The Commissioner may grant loans and advances to...
eBOOK ● PDPM-P4 ● KNOWLEDGE BANK
Appointment of other officers and servants
Article 51: The Commissioner may employ on such terms and conditions as...
eBOOK ● PDPM-P4 ● KNOWLEDGE BANK
Appointment of Deputy Commissioners and Assistant Commissioners
Article 50: The Commissioner may,appoint such number of public officers as...
eBOOK ● PDPM-P4 ● KNOWLEDGE BANK
Powers of Commissioner
Article 49: The Commissioner shall have all such powers to do all things necessary or...
eBOOK ● PDPM-P4 ● KNOWLEDGE BANK
Functions of Commissioner
Article 48: The Commissioner shall have the following functions...
eBOOK ● PDPM-P4 ● KNOWLEDGE BANK
Appointment of Commissioner
Article 47: The Minister shall appoint any person as...
eBOOK ● PDPM-P4 ● KNOWLEDGE BANK
Power to make further exemptions
Article 46: The Minister may exempt...
eBOOK ● PDPM-P3 ● KNOWLEDGE BANK
Exemption
Article 45: There shall be exempted from the provisions of this Act personal data processed by an...
eBOOK ● PDPM-P3 ● KNOWLEDGE BANK
Record to be kept by data user
Article 44: A data user shall keep and maintain a record of any application...
eBOOK ● PDPM-P2 ● KNOWLEDGE BANK
Right to prevent processing for purposes of direct marketing
Article 43: A data subject may, at any time by notice in writing to a data user, require the data user at the end of...
eBOOK ● PDPM-P2 ● KNOWLEDGE BANK
Right to prevent processing likely to cause damage or distress
Article 42: A data subject may, at any time by notice in writing to a data user, referred to...
eBOOK ● PDPM-P2 ● KNOWLEDGE BANK
Repeated collection of personal data in same circumstances
Article 41: Where a data user has complied with the provisions of...
eBOOK ● PDPM-P2 ● KNOWLEDGE BANK
Processing of sensitive personal data
Article 40: A data user shall not process any sensitive personal data of...
eBOOK ● PDPM-P2 ● KNOWLEDGE BANK
Extent of disclosure of personal data
Article 39: Personal data of a data subject may be disclosed by a data user for any purpose other than...
eBOOK ● PDPM-P2 ● KNOWLEDGE BANK
Withdrawal of consent to process personal data
Article 38: A data subject may by notice in writing withdraw his consent to the processing of personal data in respect of...
eBOOK ● PDPM-P2 ● KNOWLEDGE BANK
Notification of refusal to comply with data correction request
Article 37: Where a data user who pursuant to section 36 refuses to comply with a data correction request under...
eBOOK ● PDPM-P2 ● KNOWLEDGE BANK
Circumstances where data user may refuse to comply with data correction request
Article 36: A data user may refuse to comply with a data correction request under...
eBOOK ● PDPM-P2 ● KNOWLEDGE BANK
Compliance with data correction request
Article 35: Where a data user is satisfied that the personal data to which a data correction request relates is...
eBOOK ● PDPM-P2 ● KNOWLEDGE BANK
Right to correct personal data
Article 34: Where a copy of the personal data has been supplied by the data user in compliance with the data access request under...
eBOOK ● PDPM-P2 ● KNOWLEDGE BANK
Notification of refusal to comply with data access request
Article 33: Where a data user who pursuant to section 32 refuses to comply with a data access request under...
eBOOK ● PDPM-P2 ● KNOWLEDGE BANK
Circumstances where data user may refuse to comply with data access request
Article 32: A data user may refuse to comply with a data access request under...
eBOOK ● PDPM-P2 ● KNOWLEDGE BANK
Compliance with data access request
Article 31: a data user shall comply with a data access request under...
eBOOK ● PDPM-P2 ● KNOWLEDGE BANK
Right of access to personal data
Article 30: An individual is entitled to be informed by a data user whether personal data of...
eBOOK ● PDPM-P2 ● KNOWLEDGE BANK
Non-compliance with code of practice
Article 29: A data user who fails to comply with any provision of the code of practice that is applicable to the data user commits an...
eBOOK ● PDPM-P2 ● KNOWLEDGE BANK
Register of Codes of Practice
Article 28: The Commissioner shall maintain a Register of Codes of Practice in accordance with...
eBOOK ● PDPM-P2 ● KNOWLEDGE BANK
Submission of new code of practice by data user forum
Article 27: A data user forum may submit a new code of practice to replace...
eBOOK ● PDPM-P2 ● KNOWLEDGE BANK
Revocation, etc., of code of practice
Article 26: The Commissioner may revoke, amend or revise, whether in whole or in part...
eBOOK ● PDPM-P2 ● KNOWLEDGE BANK
Applicable code of practice
Article 25: The Commissioner shall ensure that there is only one code of practice...
eBOOK ● PDPM-P2 ● KNOWLEDGE BANK
Commissioner may issue code of practice
Article 24: The Commissioner may issue a code of practice, if...
eBOOK ● PDPM-P2 ● KNOWLEDGE BANK
Code of practice
Article 23: A data user forum may prepare a code of practice...
eBOOK ● PDPM-P2 ● KNOWLEDGE BANK
Register of Data User Forums
Article 22: The Commissioner shall maintain a Register of Data User Forums in accordance with...
eBOOK ● PDPM-P2 ● KNOWLEDGE BANK
Data user forum
Article 21: The Commissioner may designate a body as a data user forum in respect of...
eBOOK ● PDPM-P2 ● KNOWLEDGE BANK
Register of Data Users
Article 20: The Commissioner shall maintain a Register of Data Users in accordance with...
eBOOK ● PDPM-P2 ● KNOWLEDGE BANK
Surrender of certificate of registration
Article 19: Where the certificate of registration is revoked in pursuance of section 18, the holder of the certificate shall...
eBOOK ● PDPM-P2 ● KNOWLEDGE BANK
Revocation of registration
Article 18: The Commissioner may revoke the registration of a data user if...
eBOOK ● PDPM-P2 ● KNOWLEDGE BANK
Renewal of certificate of registration
Article 17: A data user may make an application for the renewal of the certificate of registration not later than...
eBOOK ● PDPM-P2 ● KNOWLEDGE BANK
Certificate of registration
Article 16: After having given due consideration to an application under subsection 15(1), the Commissioner may...
eBOOK ● PDPM-P2 ● KNOWLEDGE BANK
Application for registration
Article 15: A person who belongs to the class of data users...
eBOOK ● PDPM-P2 ● KNOWLEDGE BANK
Registration of data users
Article 14: The Minister may,specify a class of data users who shall be required to be registered as data users...
eBOOK ● PDPM-P2 ● KNOWLEDGE BANK
Application of this Division
Article 13: This Division shall apply to a data user who belongs to a class of data users...
eBOOK ● PDPM-P2 ● KNOWLEDGE BANK
Access Principle
Article 12: A data subject shall be given access to his personal data...
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Data Integrity Principle
Article 11: A data user shall take reasonable steps to ensure that the personal data is accurate...
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Retention Principle
Article 10: The personal data processed for any purpose shall not be kept longer than is necessary...
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Security Principle
Article 9: A data user shall, when processing personal data, take practical steps...
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Notice and Choice Principle
Article 7: A data user shall by written notice inform a data subject...
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Personal Data Protection Principles
Article 5: The processing of personal data...
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Non-application
Article 3: This Act shall not apply to the Federal Government and State Governments...
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Application
Article 2: This Act applies to any person who processes; and...
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Short title and commencement
Article 1: This Act may be cited as the Personal Data Protection Act 2010
