DEFINITIONS OF DATA, PRIVACY AND DATA PRIVACY

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.

Other definitions of data can be acquired from Web Definitions of Data provided by Google.com

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

Besides, further definitions of privacy can be known in Word Definition on the Web provided by Google.com

Definitions of data privacy

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.

THE IMPORTANCE OF DATA PROTECTION

Imagine this situation. Normally, when you book the flight’s ticket, you always will give your personal data such as National Registration Identity Card (NRIC) numbers, full name, address, and passport number to the flight’s company. All these information are your data privacy. Let’s say, the flight’s company uses this personal data for other purpose without asks your permission. It is has any legal action that you can takes against that company? Actually, it is very hard for you to take any legal action because in Malaysia there is no clear provision that govern on this issue. Can you imagine what will happen to you if the personal data that you give for other purpose had been use for something else without asks your permission but you do not have any right to take any legal action because no reference has been made to the existing law, neither any examination made to see if any relevant legal protection may be afforded to protect the personal data of individuals.

Based on the article “Poor privacy protection in Malaysia, says Privacy International” (http://beritaberita.livejournal.com/100490.html), Malaysia scored miserably in the international ranking on privacy for 2007. In the International Privacy Ranking released on 28 December 2007, Malaysia shared the last spot with China and Russia and categorised as “endemic surveillance societies”. Malaysia’s poor record in privacy protection was said to be because of the absence of right to privacy in the constitution and other laws. The Centre for Independent Journalism executive director Gayathry Venkiteswaran said there is generally very little appreciation for privacy and data protection in Malaysia, and individual information is easily available to the authorities and other parties. She also said that individual information is not protected and can be use virtually by anyone for any purpose, but the authorities protect public interest information such as development deals, concessionaire agreements and consultancy agreements secret under the Official Secrets Act.

To protect personal data, Malaysia prepared the draft legislation in 1998, but it has yet to be tabled in Parliament. There are several reasons that make it necessary to have legislation to regulate this aspect. Among the reasons are (“Protection of Online Privacy & Its Impact on E-Commerce” by Hurriyah El Islamy):

1. The ability of technology to gather, retrieve, disseminate and manipulate personal data has given rise to concerns that the privacy of the individuals can be easily compromised and abused.

2. Security and privacy are often cited as some of the main reasons for the slow growth of electronic transactions.

3. The legislation may promote e-commerce in the country, as the availability of legal protection of personal data will encourage the consumers to transact online.

4. Having legislation is necessary for some countries to counter the effect of regulation that gives room for activities that may amount to privacy intrusion, such as unwarranted police wiretapping or corporate abuse of information.

5. There is a need to respond to legislative developments in other parts of the world in order to lift the data-sharing restriction imposed by several states’ legislation.

6. The last reason is one of main concerns to many countries in disregard of the countries’ preference of the method to regulate the flow of information over the Internet.

Most of the countries have been enacted the statues related to data protection in order to protect personal data against misuse by irresponsible parties. Therefore, with statues that governs personal data (i.e. Data Protection Act) we have the right to take any legal action, if anything happen to our personal data. Besides that, the protection to personal data is also important to provide safeguards against abuse of some provisions that permit the commission of some acts that would otherwise amount to invasion of data privacy. In example, section 79 of the Digital Signatures Act 1997 provides that a police officer conducting a search with or without warrant (in accordance with sections 77 and 79 respectively) shall be given access to computerised data whether stored in a computer or otherwise (s. 79(1)). Without the availability of legal provision that provides protection to personal data, these provisions and any other provision of similar nature can easily be abused. To protect from all these happen, we need legal provision on this issue.

In conclusion, in Malaysia our personal data is not protected because there is no clear provision that govern our personal data. Therefore, the Parliament should pass the Bill of Personal Data Protection to ensure our personal data will be protected.

POSITION OF DATA PRIVACY IN MALAYSIA

Position of Data Privacy in Malaysia

Introduction

Most of the country around the world such as US, Europe countries and etc has their own law that governs their data privacy. The third world countries or in other words developing countries such as Malaysia eventually realize the importance to protect personal data. The advancement of technology and also the increasing number of cases on cyber crimes in Malaysia shows that there is a need to enact law on data privacy. Expert in Cyber Law and also former dean in University Malaya, Prof Abu Bakar Munir in his comment stated that, ‘the recommendation to enact law relating to data privacy in Malaysia had been voice out since 10 years ago and comparing with other countries in Europe or even Asian countries, Malaysia had been left far away backward regarding this issue’- Bernama. Despite of that, bill regarding protection of data privacy will be table in the parliament in October by the Minister of Communication and Culture, Datuk Seri Dr Rais Yatim.

Official Secret Act (Amendment) 1986

Generally protect the data of the government whether it is state or federal government. The government servant must not reveal information or data to anyone unauthorized by the government to have the information or data. The specific scope of this Act which only covers and apply to government servant and protect the official information and data only. How about our personal data? It seems that the Act is not relevant to be relied if there is an exposure of our personal information to irresponsibility bodies, organizations or individuals.

Bill of Data Protection

Purposely, the bill being introduced to protect the personal data in Malaysia, but if there are exceptions in the Act for certain organizations or bodies or even government to uses the data for some reasons the act will be ineffective measurement to it purpose. However, Datuk Seri Dr Rais Yatim stated that the Act only will be applied in the private sector and not the government. In contrast, Prof Abu Bakar Munir suggested that the Act should be imposed strictly without any exceptions also intervention and interest of others (political or personal interest). Because of the disparity of opinion, critical discussion should be held and majority opinions of expertise should be took into consideration to make the Act more effective and relevant to be implemented. The question that needs to be answered is to what extent the Act is sufficient to preserve and protect personal data?

Bill on the Freedom of Information Act 2008

For your information, despite of the bill on protection of data privacy, the other bill that will be table is the Bill of Freedom of Information 2008. The purpose of the Act has become constitutional issue and highly debated by politicians and academicians in Malaysia. The bill has been introduced by the opposition party and the Chief Minister of Selangor stated that the bill will be table in the State Assemblies (as enactment) in November. Because of that , the opposition party suggested that the bill will be table in the Parliament (as an Act). Moreover, the establishment of the bill is to uphold the freedom of speech under the Article 10 of the Federal Constitution. The bill provided that anyone (private or public sector) can file an application to obtain personal information of others with sufficient and reasonable reason. If the responsible body or organization refused, there are subjected to civil and criminal proceeding under Schedule 8 of the bill. Schedule 4 of the bill provided the exceptions for those who refuse to give the information needed. The Bill of Freedom of Information 2008 which gives freedom to obtain information of a person maybe conflicting with the Bill of Protection of Data Privacy which does not allow the exposure of anyone information. Thus, Parliament should noted the problems and further discuss on this issue for the benefit of the public at large.

Bill on the Identification Acid Deoksiribonukleik (DNA) 2008

This bill is known as DNA data bank. This bill had been critically comment by a lot of people. However, there are need to implement this Act;

1. Improving the police’s solving rate further.
2. To mitigate the CSI mistake which sometimes help criminals to escape.

In contrast;

1. As an evidence in court, so, the impact on the judicial process. Police have a batter title to decide a case.
2. Infringe personal right to privacy
3. The head of DNA data bank has sole discretion to destroy the sample which may leads to misuse, abuse and injustice of the data as conclusive evidence in court.

Conclusion

The implementation of the Act and table of the Bills should be specified and should not related with any political interest or personal interest. The Act or Bills should be enacted for the purpose of the public solely. Thus, whether the Act or Bills are relevant or not it depends on the current situations and the interest of the legislative body to legislate the law.