Protection of privacy and the personal data in the information age : the Malaysian approach

Abstract

The profound changes brought by the development of information technology in the past decade have posed challenges to existing legal concepts. Particularly, a breach of privacy right is taken as new dimension in cyberspace, where the processing of personal data is becoming the norm in cyberspace transactions. The question is whether the existing legal framework is able to meet the challenges of new technology which appears to threaten the privacy of individuals. The present study is aimed at assessing how the threat to privacy takes place in cyberspace and how these threats can be dealt under the existing legal framework pertaining to the protection of privacy. The study mainly used library research to analyse the privacy legal framework in Malaysia and making comparisons with other selected jurisdiction. It is found from this study that the existing laws in Malaysia are not adequate to meet the challenges of new technology to privacy interest. In order to provide an answer, the study provides an analysis of various approaches which have been adopted by the EU, the United States and other common law countries to address privacy issues posed by ICT. The thesis demonstrates that there is no comprehensive solution to the privacy issues and each approach has its own advantages and disadvantages. In suggesting solutions, this thesis recommends the relevant Malaysian authorities to choose an optimal data protection model which takes into consideration the specific local factors. The study recommends that a transaction cost theory should be adopted to assess the advantages and disadvantages of each model. By applying this theory, this study demonstrates that a comprehensive data protection (legislative) regime is not suitable for Malaysia. Hence, the thesis recommends the Malaysian government to formulate its own personal data protection regime which is cost-efficient and effective since the issue is global in nature.