Malaysia legislation

Section 6

of PERSONAL DATA PROTECTION ACT 2010

Section 6

(a)

in the case of personal data other than sensitive personal data, process personal data about a data subject unless the data subject has given his consent to the processing of the personal data; or

(b)

in the case of sensitive personal data, process sensitive personal data about a data subject except in accordance with the provisions of section 40.

(2)

Notwithstanding paragraph (1)(a), a data user may process personal data about a data subject if the processing is necessary—

(a)

for the performance of a contract to which the data subject is a party;

(b)

for the taking of steps at the request of the data subject with a view to entering into a contract;

(c)

for compliance with any legal obligation to which the data user is the subject, other than an obligation imposed by a contract;

Personal Data Protection 19

(d)

in order to protect the vital interests of the data subject;

(e)

for the administration of justice; or

(f)

for the exercise of any functions conferred on any person by or under any law.

(3)

Personal data shall not be processed unless—

(a)

the personal data is processed for a lawful purpose directly related to an activity of the data user;

(b)

the processing of the personal data is necessary for or directly related to that purpose; and

(c)

the personal data is adequate but not excessive in relation to that purpose.

Notice and Choice Principle