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October 3, 2009

INTRODUCTION

In our modern world, privacy is one of the most important rights of an individual. It is an absolute right of a person towards his/her life'. There are many types of privacy and one of it is data privacy. For the purpose of our discussion, we would like to stress that we actually focusing on the law of data privacy in Malaysia but still referring on the law in other countries.

What is data? And, what is privacy? And, what is data privacy?

Data

Generally, data means a collection of information and facts. In the world of computer, data refers to users and variety of files such as email, music and video files and etc. Data can exist on a piece of paper, in electronics memory (such as phone memory, computer hard disk and etc). In Malaysia, the meaning of data is illustrated by Section 2 of the Computer Crimes Act 1997. According to this section, data means representation of information or concept prepare or being prepared in an appropriate form for the use of computer.

Privacy

We quote the words from Bill Gates in the book of Privacy and Data Protection which stated that 'loss of privacy is a major worry where the network is concern'. In 1995, According to Allan Westin, in the same book, express that there is no definition of privacy is possible because privacy is matters of values, interests, and powers. Basically, it can be defined as a person can freely choose under any circumstances and how do they express themselves and their attitudes towards others. In addition, it is a natural right of a person which allow us to do something without others intervention. For example, A is a celebrity, so, she should has a privacy in her personal life. In Malaysia, there is no specific definition of privacy even in Cyber Crimes Act 1997.

Now, we already know the meaning of data and the meaning of privacy. So, what is data privacy? To what extend data privacy covers and protects person privacy? According to wordiQ.com, data privacy is a relationship between data, technology, legal right and public expectation of privacy. The examples of data privacy are such as in health, financial and etc.

4 comments:

N.HIDAYAT said...

hello, =D

talking about privacy, i do think that, in Malaysia our personal data is not safe...means that, there is no absolute privacy..

this is based on my own experiences- receiving advertising sms,mms, received email bout sales, advertisements and even bein called by people i do not recognized (asking me to answer survey for hours!)...i don't really know how they got my phone number and emails..!=(

i had read somewhere in 2000, that Malaysia is goin to enact the Personal Data Protection act..but later this issue had been silent for years...

farina said...

Seriously, the issue on data privacy is quite controversial. Thus, the government or any of the authorities should take serious actions in protecting the people's personal data.

CYBER LAW STUDENTS said...

I agree with dayat that in Malaysia our personal data is not really safe because we donn't have any statute or provision regarding on this issue.
However, we have a bill about this issue which is the Bill of Data Protection 2000 and may be debated in Parliament on this October. We hope that this bill will be pass by the parliament. Therefore, it can ensure our personal data will be protected.
by: ibrahim-d.privacy

CYBER LAW STUDENTS said...

Farina, i think if the parliament pass the bill about data protection, the issue on data privacy can be handle by the government or any of the authorities.
by:fatin-d.privacy