Malaysia legislation
Section 24
Section 24
(a)
a code of practice is not prepared under paragraph 23(1)(a);
(b)
the Commissioner is satisfied that a code of practice for a specific class of data users is unlikely to be prepared by the relevant data user forum within the period as specified by the Commissioner; or
(c)
there is no data user forum to develop the relevant code of practice for the class of data users.
(2)
The Commissioner shall, before issuing a code of practice under subsection (1), consider matters including—
(a)
the purpose for the processing of personal data by the data user or class of data users;
(b)
the views of the data users or groups representing data users, to which the code of practice is applicable;
(c)
the views of the data subjects or groups representing data subjects;
(d)
the views of the relevant regulatory authority, if any, to which the data user is subject to; and
(e)
that the code of practice, upon having regard to all of the matters in paragraphs (a), (b) and (c) and any other matters, offers an adequate level of protection for the personal data of the data subjects concerned.
Act 709
(3)
The Commissioner may issue different codes of practice for different classes of data users.
(4)
The code of practice issued by the Commissioner under subsection (1) shall be registered in the Register of Codes of Practice.
(5)
The code of practice under subsection (1) shall take effect on the date of registration of the code of practice by the
Commissioner.
(6)
The Commissioner shall make available to the public any code of practice issued by him under subsection (1).
Applicable code of practice