MALAYSIA DNA IDENTIFICATION ACT 2009 HAS BEEN PASSED ON 19TH AUGUST 2009
October 7, 2009
Here we provide readers with the overall winner of the '21st century Privacy' competition from the Data Protection Commissioner. Created by David Chandler, Enda MacNally and Michael Lathrop. Special thanks to YouTube.com
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.
Its better for us to provide you with several definitions of data, privacy and data privacy for reader's convenient.
Definitions of data
According to Whatis.com, data is information that has been translated into a form that is more convenient to move or process. Relative to today's computers and transmission media, data is information converted to binary digital form.
Besides, according to Webopedia Computer Dictionary, data is a Distinct pieces of information usually formatted in a special way. All software is divided into two general categories: data and programs. Programs are collections of instructions for manipulating data. Therefore we can say that data can exist in a variety of forms such as numbers or text on pieces of paper, as bits and biter stores in electronic memory or as facts stored in a person's mind. Strictly speaking, data is the plural of datum, a single piece of information. In practice, however, people use data as both the singular and plural form of the word.
On the other hand, Wikipedia.com defines data as pieces of information that represent the qualitative or quantitative attributes of a variable or set of variables. Data (plural of "datum", which is seldom used) are typically the results of measurements and can be the basis of graph, images or observations of a set of variables. Data are often viewed as the lowest level of abstraction from which information and knowledge are derived.
Therefore, we can conclude that data is actually the information that we may read and process located in the computer which actually converted to binary digital form. The keyword of data is information where all data represent information for the users.
Definitions of privacy
Besides data, readers should be provided with the definition of privacy in order to give clear understanding regarding data privacy.
According to Whatis.com, privacy concerning on the internet can be divided into three main issues which are:
What personal information can be shared with whom
Whether messages can be exchanged without anyone else seeing them
Whether and how one can send messages anonymously
Kindly click here for further reading and understanding regarding privacy on the net.
YourDictionary.com define privacy as the quality or condition of being private, withdrawal from company or public view or seclusion
Clear of the definitions of data and privacy, lets look at the definitions of data privacy itself in order to for the purpose of the creation of this blog.
According to Wikipedia.com, data privacy is the relationship between collection and dissemination of data, technology, the public expectation of privacy, and the legal and political issues surrounding them.
Answers. com defines data privacy as security measures and devices employed by the accountant to assure that confidential information (e.g., client files) are not improperly accessed.
Besides, KnowledgeRush.com defines data privacy as to the evolving relationship between technology and the legal right to, or public expectation of privacy in the collection and sharing of data.
For the conclusion, It can be said that data privacy is the right of users towards the data. Any interventions towards the data should be charged under civil proceeding in order to ensure the just application of law itself.
This blog will critically discuss about the data privacy state in Malaysia as well as in other countries.
The writers of this blog are second year law students in National University of Malaysia.
THANKS for all ur cooperation, compliments and comments during this whole period. WE will no longer be the one who monitor this blog. Our NEXT LEGACY shall be continued by the next students in Cyberlaw class... Hope to c u again. Have a nice life...
The purpose of this blog is to fulfill the requirement of Cyber Law Class, National University of Malaysia 2009/2010. The views and opinions expressed here represent our own views and not those of the people, institutions or organizations that we may or may not be related with unless stated explicitly