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Personal Data Protection Act 2010 [Act 709]

138 Public servant

The Commissioner, Deputy Commissioner, Assistant Commissioner, any officer or servant of the Commissioner, any member of the Advisory Committee, any member, officer or servant of the Appeal Tribunal, or any authorized officer while discharging his duty or performing his functions or exercising his powers under this Act in such capacity shall be deemed to be a public servant within the meaning of the Penal Code [Act 574].

139 Protection against suit and legal proceedings

No action, suit, prosecution or other proceedings shall lie or be brought, instituted or maintained in any court against-

(a) the Commissioner, Deputy Commissioner, Assistant Commissioner or any officer or servant of the Commissioner;

(b) any member of the Advisory Committee;

(c) any member, officer or servant of the Appeal Tribunal; or

(d) any authorized officer, in respect of any act or omission done or omitted by him or it in good faith in such capacity.

140 Protection of informers

(1) Except as provided in subsections (2) and (3), no witness in any civil or criminal proceedings pursuant to this Act shall be obliged or permitted to disclose the name or address of any informer or the substance and nature of the information received from him or state any matter which might lead to his discovery.

(2) If any computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article which is in evidence or is liable to inspection in any civil or criminal proceedings whatsoever contains any entry in which any informer is named or described or which might lead to his discovery, the court shall cause all such entries to be concealed from view or to be obliterated in so far as may be necessary to protect the informer from discovery.

(3) If in a trial for any offence under this Act the court, after full inquiry into the case, is of the opinion that the informer wilfully made in his complaint a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceedings the court is of the opinion that justice cannot be fully done between the parties in the proceeding without the discovery of the informer, the court may require the production of the original complaint, if in writing, and permit an inquiry and require full disclosure concerning the informer.

141 Obligation of secrecy

(1) Except for any of the purposes of this Act or for the purposes of any civil or criminal proceedings under any written law or where otherwise authorized by the Minister-

(a) the Commissioner, Deputy Commissioner, Assistant Commissioner, any officer or servant of the Commissioner, any member of the Advisory Committee, any member, officer or servant of the Appeal Tribunal, any authorized officer or any person attending any meeting or deliberation of the Advisory Committee, whether during or after his tenure of office or employment, shall not disclose any information obtained by him in the course of his duties; and

(b) no other person who has by any means access to any information or documents relating to the affairs of the Commissioner shall disclose such information or document.


(2) A person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both.

142 Things done in anticipation of the enactment of this Act

All acts and things done by any person in preparation for or in anticipation of the enactment of this Act and any expenditure incurred in relation thereto shall be deemed to have been authorized under this Act, provided that the acts and things done are consistent with the general intention and purposes of this Act; and all rights and obligations acquired or incurred as a result of the doing of those acts or things including any expenditure incurred in relation thereto, shall on the coming into operation of this Act be deemed to be the rights and obligations of the Commissioner.

143 Power to make regulation

(1) The Minister may make such regulations as may be necessary or expedient for the purpose of carrying into effect the provisions of this Act.

(2) Without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations for all or any of the following purposes:

(a) to regulate all matters relating to the registration of data users under this Act, including to prescribe the registration fees and renewal fees;

(b) to regulate all matters necessary for the implementation of the Personal Data Protection Principles;

(c) to regulate procedures in respect of the inspection of personal data systems, investigation of complaints and issuance of enforcement notices, and all other matters related to it;

(d) to prescribe the offences which may be compounded and the forms to be used and the method and procedure for compounding the offences;

(e) to provide and prescribe for any fees payable in connection with the provision of any service or any matter under this Act;

(f) to prescribe any matter for which this Act makes express provision to be made by regulations;

(g) to prescribe all other matters as are necessary or expedient to be prescribed for giving effect to this Act.


(3) The regulations made under this section or any other subsidiary legislation made under this Act may prescribe for any act or omission in contravention of the regulations or other subsidiary legislation to be an offence and may prescribe for penalties of a fine not exceeding two hundred and fifty thousand ringgit or imprisonment for a term not exceeding two years or to both.

144 Prevention of anomalies

(1) The Minister may, by order published in the Gazette, make such modifications to the provisions of this Act as may appear to him to be necessary or expedient for the purpose of removing any difficulties or preventing anomalies in consequence of the coming into operation of this Act.

(2) The Minister shall not exercise the powers conferred by subsection (1) after the expiration of one year from the appointed date.

(3) In this section, "modifications" means amendments, additions, deletions and substitutions of any provisions of this Act.


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