Issues in regards of Cloud Computing : Data Protection in Malaysia

In protecting privacy, data protection laws aim to regulate the practices of information management to minimise the risks to the elements of privacy. 

For the first time, Malaysia has a privacy-specific legislation, which is Personal Data Protection Act (PDPA) 2010 [Act 709]. PDPA has been passed and Gazetted for about 2 years ago. As of today, the PDPA status is “Not Yet in Force”. 

The Personal Data Protection Act 2010 aims at regulating the processing of personal data in commercial transactions. The proper implementation of the legislative scheme and its compliance by the business sector will move Malaysia a long way towards meeting the data protection requirements imposed by major trading partners around the world.

            

At present, apart from this legislation and certain sectoral secrecy obligations, information of a personal nature is protected only as confidential information through contractual obligations or the common law. Before the enactment of the PDPA, Malaysia did not have a comprehensive law that protected personal data. However there are some rules and regulations specifically governing the multimedia industry and internet banking which was provided in the General Consumer Code (GSC) and the Minimum Guidelines on the Provisions of Internet Banking Services by Licensed Banking Institutions (Minimum Guidelines). 

The Minimum Guidelines have recently been replaced by the Guidelines on the Provision of Electronic Banking (E-Banking) Services by Financial Institutions (E-Banking Guidelines). More general guidance on data management is found in the Guidelines on Data Management and Management Information System (MIS) Framework by which were all issued by Bank Negara Malaysia (The Central Bank).

Before going into details, one needs to know the highlights or the basic of the Act [Personal Data Protection 2010 (Act 709)]. The PDPA applies only to personal data processed in Malaysia. Federal and State governments are excluded from complying the Act. PDPA is not applied to any non-commercial transactions; any data processed outside Malaysia; any personal, family and household affairs; among others. The Act protects ‘Personal Data’. In order to qualify as personal data, the data must relate, either directly or indirectly to a data subject who can be identified from the data. 

The data also must be capable of being recorded and be capable of automatic or manual processing. ‘Sensitive personal data’which requires explicit data subject consent, includes medical history and political opinions. The PDPA specifies that no personal data may be transferred outside Malaysia unless the place has been specified by the Minister. Notwithstanding, such transfer may take place if, among others, the data subject has given consent or the transfer is necessary to protect the data subject's vital interests. As for the fines and sanctions, the penalties for breaching the PDPA include the imposition of fines not exceeding two hundred and fifty thousand ringgit, and/or a term of imprisonment not exceeding two years.

Sources: 

---

1. The Star online, “Parliament: Personal Data Protection Bill passed”, Monday April 5, 2010; see     http://thestar.com.my/news/story.asp?file=/2010/4/5nation/20100405210518&sec=nation

2. ‘Personal Data Protection in Malaysia: Law and Practices’ by Abu Bakar Munir and Siti Hajar Mohd Yasin, p 237

3. Personal Data Protection 2010 (Act 709)

4.‘The Malaysian Personal Data protection Act: What it means to Data users’ by Professor Abu Bakar Munir

Article of Cloud Computing in Malaysia

Cloud Computing In Malaysia

May 30, 2012

By Jonathan Cheah

30 May 2012 - Microsoft recently released the results of a study into cloud computing in APAC countries, of which Malaysia was one of the territories studied. The research showed that small and medium sized enterprises (SMEs) are gaining significant IT security benefits from using the cloud.

Companies that use cloud computing in Malaysia say that they are enjoying higher levels of security, spend less time managing their security and as a direct result, have reduced what they spend on managing security previously.

"There’s a perception that security is a barrier to cloud adoption," said Adrienne Hall, General Manager, Microsoft Trustworthy Computing, "Yet when companies embrace and invest in cloud services, they find the benefits far outweigh previous concerns."

Graphic courtesy of Microsoft Malaysia

"Malaysian SMEs must take that bold step to adopt secure and scalable technology infrastructures such as the cloud if they are to succeed in a global, interconnected economy," said SME Corp’s Chief Executive Officer, Dato’ Hafsah Hashim. "Among other benefits, the cloud takes the hassle of managing security away from the SMEs, which then gives them the freedom to focus on innovating and growing their business."

It is also interesting to note that 38% of the SMEs reported that they were able to employ more staff because of such savings, while 70% of the respondents said that they increased investment in product development and innovation.

More than half those surveyed said that using the cloud enabled them to add new products and services to their business in a manner that was quicker and more secure.

"Cloud computing services are considered as an affordable solution for SMEs to outsource their ICT maintenance. Though some Malaysian SMEs have expressed their concerns over security on cloud computing, however they do acknowledge that transparency on security practices would boost their confidence in the cloud," said CyberSecurity Malaysia Chief Executive Officer, Lt Col (R) Prof Dato' Husin Jazri. He added SMEs must have adequate knowledge on information security so that they know how to respond effectively to any cyber security incidents.

The study, commissioned by Microsoft and conducted by research company comScore, polled companies with between 100 and 250 PCs in the U.S., Singapore, Malaysia, India and Hong Kong. For the purpose of this research, cloud users were defined as companies that used a cloud service via a subscription model.

" Baru-baru ini Microsoft telah mengeluarkan hasil kajian mengenai penggunaan teknologi cloud computing di negara-negara APAC dimana Malaysia juga menjadi salah satu negara yang dikaji. Kajian menunjukkan bahawa perusahaan kecil dan sederhana (PKS) mendapat faedah keselamatan IT yang ketara dengan menggunakan teknologi cloud computing. Syarikat yang menggunakan cloud computing di Malaysia mendakwa bahawa mereka menikmati tahap keselamatan yang lebih tinggi "

♠ JC


Sources: http://www.mobile88.com

Microsoft Leads in Cloud Computing Development in Asean

Hi readers,

As what has been posted before, when it comes to the development of cloud computing in Malaysia, Microsoft has acted as catalyst to speed up the economic growth through its software, via this cloud-computing. Nevertheless, Microsoft has never failed to impress, neither to stop innovate when it comes as a solution to business growth in Indonesia. As the world's largest software company, what they provide as cloud computing solution could help businesses, governments and consumers, and for the fact that this solution offered are equipped with guarantee of reliability and security from Software as a Service (SaaS), Platform as a Service (PaaS) to the Infrastructure as a Service (IaaS) and these made the data control for Indonesia's economy has become anyway better. Example of companies which are collaborating with Microsoft to bring forward this technology are AGIT, PT TELKOM INDONESIA and GREENVIEWS.

And for now, more than 1 billion people are using Microsoft technologies Cloud which are scattered in 36 countries around the world including ASEAN countries due to its advantages of good data security, cost-efficiency and well-progressed.

for more info: http://muarastyle.blogspot.com

Mohamad Firdaous bin Mohamed Idris A132265

Conference of Cloud Computing 2012

Hi all,
Here, I attach you guys a link on cloud-computing conference in Asia which I believe would help us to enhance our knowledge in this field. If you have extra time, do visit this link.

http://cloudcomputingasiapac.com/

Thank you.

Mohamad Firdaous bin Mohamed Idris
A132265