Malaysia legislation
Section 45
Section 45
(2)
Subject to section 46, personal data—
(a)
processed for—
(i)
the prevention or detection of crime or for the purpose of investigations;
(ii)
the apprehension or prosecution of offenders; or
(iii)
the assessment or collection of any tax or duty or any other imposition of a similar nature, shall be exempted from the General Principle, Notice and Choice Principle, Disclosure Principle and
Access Principle and other related provisions of this
Act;
(b)
processed in relation to information of the physical or mental health of a data subject shall be exempted from the Access Principle and other related provisions of this
Act of which the application of the provisions to the data subject would be likely to cause serious harm to the physical or mental health of the data subject or any other individual;
(c)
processed for preparing statistics or carrying out research shall be exempted from the General Principle, Notice and Choice Principle, Disclosure Principle and Access
Principle and other related provisions of this Act, provided that such personal data is not processed for any other purpose and that the resulting statistics or the results of the research are not made available in a form which identifies the data subject;
(d)
that is necessary for the purpose of or in connection with any order or judgement of a court shall be exempted from the General Principle, Notice and Choice Principle,
Disclosure Principle and Access Principle and other related provisions of this Act;
Act 709
(e)
processed for the purpose of discharging regulatory functions shall be exempted from the General Principle,
Notice and Choice Principle, Disclosure Principle and
Access Principle and other related provisions of this Act if the application of those provisions to the personal data would be likely to prejudice the proper discharge of those functions; or
(f)
processed only for journalistic, literary or artistic purposes shall be exempted from the General Principle, Notice and Choice Principle, Disclosure Principle, Retention
Principle, Data Integrity Principle and Access Principle and other related provisions of this Act, provided that—
(i)
the processing is undertaken with a view to the publication by any person of the journalistic, literary or artistic material;
(ii)
the data user reasonably believes that, taking into account the special importance of public interest in freedom of expression, the publication would be in the public interest; and
(iii)
the data user reasonably believes that in all the circumstances, compliance with the provision in respect of which the exemption is claimed is incompatible with the journalistic, literary or artistic purposes.
Power to make further exemptions