Reawaken The Risk Governance in The Malaysian Corporate

Risk governance is about balancing the company’s business interests and the interests of stakeholders who might suffer loss or harm from the company’s commercial activities. It is mainly concerned with preventing mistakes or wrongdoings than correcting them. This paper aim is to study the state of risk governance in the Malaysian corporate sector. It specifically studies the way risk governance is regulated and its relation to stakeholders’ interests. This study is based on the existing laws in Malaysia. The laws in the United Kingdom and the United States are studied for a comparative analysis and lessons to be learned. The paper suggests that the role of regulators is crucial to initiate and compel companies to establish and maintain a risk governance system and incorporate it as a corporate culture. It also suggests that co-regulation between the regulatory authorities and the industry is needed to successfully push efforts and participation by companies to establish and maintain an effective risk governance system. The paper is significant as it contributes to the improvement of risk governance in Malaysian businesses in general and in the corporate sector specifically and adds to the body of knowledge on law and governance

A Study on the Laws Governing Facial Recognition Technology and Data Privacy in Malaysia

The advancement of technology in the past decade has led humans to achieve many great things. Among that is facial recognition technology that uses a combination of two techniques which is face detection and recognition that is capable of converting facial images of a person into readable data and connecting it with other data sets which enable it to identify, track or compare it. This study delves into the usage of facial recognition technology in Malaysia where its regulation is almost non-existent. As its usage increases, the invasive features of this technology to collect and connect its data posed a threat to the data privacy of Malaysian citizens. Due to this issue, other countries' laws and policies regarding this technology are examined and compared with Malaysia. This enables the loopholes of the current law and policies to be identified and restructured, which create a clear path on the proper regulations and changes that need to be made. Thus, this study aims to analyse the limitation of law governing data privacy and its concept in Malaysia along with changes that need to be made. This study’s finding shows the shortcoming of Malaysia’s law in governing data privacy especially when it involves complex technology that has great data collection capability like facial recognition

Re-Examining the Publicity, Advertising and Marketing of Legal Profession in Malaysia

The legal practitioners in Malaysia are restricted from publicising, advertising and marketing themselves on the grounds of fiduciary relationship with clients, the duty to serve the public and it is professionally undignified. Despite the advancement of the Information, Communication and Technology, lawyers are restricted in utilising it for publicity, advertising and marketing. At the same time, the public is deprived of information to engage the best lawyers of their choice. Furthermore, while other countries such as European Union, United Kingdom, Singapore and Australia have moved forward, the Malaysian legal profession remains unchanged. This concept paper investigates the adequacy of the Legal Profession (Publicity) Rules 2001(“LPPR 2001”) in legalising publicity, advertising and marketing. This paper adopts a qualitative research methodology with doctrinal and comparative approaches. Firstly, this paper focuses on content analysis of statutes as the primary source of law. Secondly, content analysis on secondary sources of law including journal articles, and online sources. Thirdly, conducting a comparative study by analysing the primary and secondary sources of law in other jurisdictions. This paper explains that lawyers must be allowed to innovate into new methods in publicising, advertising and marketing themselves. Society will greatly benefit from this as they will be more informed and knowledgeable in engaging the service of lawyers of their choice. This paper ends by suggesting that there is a dire need to legalise the publicity, advertising and marketing of the legal profession in Malaysia. Thus, this research is significant to the development of the legal profession in Malaysia

The Adequacy of Data Protection Laws in Protecting Personal Data in Malaysia

With the burgeoning technology, Malaysia has seen a staggering number of data breaches and data leaks within this past decade alone, with no signs of the trend decreasing. This has raised questions on whether the Personal Data Protection Act 2010 (PDPA) adequately protects the personal data of Malaysians. With the recent COVID-19 pandemic, data has been collected on a larger scale than before, with more frequent data leaks occurring. Hence, this study aims to analyse the adequacy of the PDPA by benchmarking it to the United Kingdom’s (UK) Data Protection Act 2018, which have seen a decrease in data breaches since the implementation of the new legislation. In this context, personal data refers to information processed or recorded that relates directly or indirectly to a data subject, who may be identified from the information and may include sensitive personal data. The study uses a doctrinal analysis methodology to best explore the ideas and concepts within the literature available regarding the protection of personal data. The study also employs a comparative analysis methodology by comparing the scope and application of Malaysian and UK legislation for benchmarking. The findings suggest that there are improvements to be made for the PDPA to be adequate

E-COMMERCE AND DATA PROTECTION LEGAL FRAMEWORK IN MALAYSIA: LESSONS FROM THE EXPERIENCES OF THE EUROPEAN UNION AND THE UNITED KINGDOM

ABSTRACT The use of customer data is often an essential part of any business but those involved in E-Commerce in particular make regular use of customer and user personal data for a variety of reasons. Multinational sourcing of data-based tasks is one of the practices that have become widespread as a result of the Internet. Data protection and privacy are a growing legal challenge for policy makers and corporations, as numerous countries have or are considering new laws to protect individual data and privacy. This paper is drawn from an ongoing doctoral research which is aimed at evaluating the state of global data protection legal framework from various regional and national perspectives and identifying a viable model for a comprehensive data protection law viable for Malaysia, that would enable the reconciliation of conflicting interests between the policy maker, organization and society, as well as between individual information privacy and trade interest. Examination into the Malaysian proposed Bill on Personal Data Protection, the European Union's Directive 95/46/EC and the Data Protection Act in United Kingdom in 1998 will be made

The Australian Privacy Act 1988: Lesson to Be Learned

Privacy is a fundamental human right recognized either explicitly or implicitly all around the world constitution. However, these privacy rights are being eroded by advanced technologies. The efficiency of the Australian Privacy Act 1988 being a non-European Union state in governing the protection of personal data is remarkable. The purpose of this paper is to shed light on how the Australian Privacy Act 1988 can be used as a benchmark for the Malaysian Personal Data Protection Act 2010. Thus, this paper employs a doctrinal qualitative method to best explore the ideas and concepts within the literature available regarding the legislation for the protection of personal data. It suggests that there are improvements to be made for the Malaysian Personal Data Protection Act 2010 to be adequate

The Magnitude of GDPR To Malaysia

The European Union (“EU”) General Data Protection Regulation (“GDPR”) governs any individuals or companies that stores or processes personal information about EU citizens within EU states even if it does not involve a business presence within the EU. Malaysian businesses need to comply with the GDPR as failure to comply will cause disruption or discontinuance of business. This paper aims to understand and evaluate the scope of the GDPR and its effect on personal data protection in Malaysia. It employs a doctrinal qualitative approach by examining the GDPR and the Malaysia Personal Data Protection Act 2010. This paper suggests that the GDPR provides a more comprehensive law with its holistic principles and rights which may provide lessons for Malaysia in protecting personal data as the area covered by the GDPR is broader specifically the non-commercial transactions, its wider range of rights and the extraterritorial applicability