The conundrum of personal data protection in Malaysia

The issue of privacy and personal data protection has been a protracted conflict between the Malaysian Government and its citizens. Rapid technological progress has created challenges in ensuring that Malaysia’s Personal Data Protection Act (PDPA) is robust enough to protect personal and sensitive data. The Malaysian PDPA faces criticism for failing to adapt to these changes. The PDPA was enacted and implemented in Malaysia in 2010. Despite being in existence for 15 years, the legislation has faced ongoing criticism due to its deficiencies in safeguarding the rights of individuals and the government’s interests. This paper aims to evaluate the dilemma arising in personal data protection due to the gap between existing legal measures and hindrances of the enforcement of personal data. The qualitative research methodology, which includes doctrinal and comparative legal analysis of primary sources, reveals that protecting personal data is an ongoing and formidable challenge. The authors argue that the PDPA 2010 requires a comprehensive overhaul and a greater emphasis on a collaborative approach between private and governmental entities to safeguard the interests of citizens as well as the government’s need to access data for social justice purposes. This paper is also included in The Business & Management Collection which can be accessed at https://hstalks.com/business/.