Malaysia legislation
Section 130
Section 130
(a)
collect or disclose personal data that is held by the data user; or
(b)
procure the disclosure to another person of personal data that is held by the data user.
(2)
Subsection (1) shall not apply to a person who shows—
(a)
that the collecting or disclosing of personal data or procuring the disclosure of personal data—
(i)
was necessary for the purpose of preventing or detecting a crime or for the purpose of investigations; or
(ii)
was required or authorized by or under any law or by the order of a court;
(b)
that he acted in the reasonable belief that he had in law the right to collect or disclose the personal data or to procure the disclosure of the personal data to the other person;
(c)
that he acted in the reasonable belief that he would have had the consent of the data user if the data user had known of the collecting or disclosing of personal data or procuring the disclosure of personal data and the circumstances of it; or
(d)
that the collecting or disclosing of personal data or procuring the disclosure of personal data was justified as being in the public interest in circumstances as determined by the Minister.
Personal Data Protection 91
(3)
A person who collects or discloses personal data or procures the disclosure of personal data in contravention of subsection (1)
commits an offence.
(4)
A person who sells personal data commits an offence if he has collected the personal data in contravention of subsection (1).
(5)
A person who offers to sell personal data commits an offence if—
(a)
he has collected the personal data in contravention of subsection (1); or
(b)
he subsequently collects the personal data in contravention of subsection (1).
(6)
For the purposes of subsection (5), an advertisement indicating that personal data is or may be for sale is an offer to sell the personal data.
(7)
A person who commits an offence under this section shall, upon conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Abetment and attempt punishable as offences