Ida Madieha Abdul Ghani Azmi

Personal data protection law: The Malaysian experience

Abstract In 1998, the Malaysian government introduced a draft Data Protection Bill. This Bill has never made it to Parliament due to heavy opposition from the communication and multimedia industry. In a surprise move, the government abandoned the European Union approach for a more ‘industry friendly’ set of regulations. The exact nature of the proposed draft bill is yet to be seen as, unlike its predecessor, the whole process of drafting is being kept confidential. This article discusses the Malaysian initiative in introducing specific data protection laws in the years following the archived draft Personal Data Protection Bill. It is the hypothesis of this article that the lack of protection for data privacy stems largely from the widespread lack of recognition of the right of privacy in general. With regards to data protection, for example, some view the current sectoral approach to data protection is adequate in providing the minimum security needed in the industry. Others, however, view the sectoral approach as rather piecemeal and hardly sufficient to provide the required security. As to the general rights of privacy, the non-recognition of a general right of privacy is hardly surprising. In a country where individual freedom of expression is effectively not guaranteed, the European-style notion that an individual should be free from unnecessary intrusion and snooping from the state is a luxury. In a country that professes to adhere to Islamic teaching as its major religion, this proposition is entirely not acceptable. Leaving religious concerns aside, the truth is that many in the industry feel that having a stringent data protection law would be detrimental to the overall industrys needs and interests. Furthermore, other laws relevant to data privacy exist, and they provide the minimum security required by the industry without unduly inhibiting its growth.

Data breach on the critical information infrastructures: Lessons from the Wikileaks

The recent massive critical data leaks by Wikileaks suggest how fragile national security is from the perspective of information system and network sustainability. This incident raises some causes of concern. Firstly, critical infrastructure such as military and diplomatic systems is not spared from security breach. Secondly, such leak causes far-reaching damage to public interests, national security and economic sustainability. And thirdly, both technology and law seem incapable of dealing with such situation. Malaysia is not spared from the risk of information security attacks. Its ten critical sectors as identified in its National Cyber Security Policy (NCSP) -national defence and security; banking and finance; information and communications; energy, transport and water; government, emergency and medical services; as well as food and agriculture-can at any time fall victim to security breaches and data leaks if efforts to protect their system are flawed. The objective this paper is to outline the problems and challenges from the points of legal framework that Malaysia should anticipate and address in maintaining and sustaining its national CII. The paper first look at the problem of data breaches in the world and examine how as the technology becomes more superior, the cyber-world becomes more vulnerable to data breaches. Tied to that is the notion of critical information infrastructure (CIIs). As more and more of these CIIs are connected and dependent on connectivity, the normal incidence of data breach can be a potential of human loss and catastrophe. The paper next look at the concept of critical information security in Malaysia and examine the seriousness of data breaches in Malaysia. The paper seeks to explore legal options that Malaysia can adopt in preparing itself to more data breaches onslaught. It is the basic contention of the paper that the traditional legal framework should be reformed in line with the advances of the information and communications technologies.

Guidelines and Legal Ecosystem for the Creation of Islamic Content in Malaysia: Towards Consumer Empowerment

The contents of creative industry must portray the cultural and religious values of the country. As a tool of nation building, creative industry plays a fundamental role in inculcating good values and the avoidance of social illnesses. The objective of this study is to examine the importance and growth of Islamic contents in Malaysian creative industry. By employing qualitative research methods, namely, content analysis and interviews, the study found that there is increase in the demand for Islamic contents. This study intends to highlight some of the concerns raised by both producers and consumers of creative content with the hope of empowering consumers in choosing content that is more suitable to their cultural and religious needs. For the Islamic content industry to flourish, having a supportive legal eco-system is imperative. This study explores the existing guidelines on Islamic content as a well as relevant legislation that governs content creation in Malaysia. The study concludes with some policy recommendations that would assist in harnessing the creation of Islamic content in Malaysia.

In search for support for the extension of copyright term under the Trans-Pacific Partnership Agreement: A preliminary study of the Malaysian music industry

Purpose One of the binding commitments under the Trans-Pacific Partnership Agreement is the extension of the copyright term to 70 years after the death of the author. This paper reports the preliminary findings of a research on the potential impact of the extension of copyright term on the music industry in Malaysia. As Malaysia is a user and net importer of intellectual property, it is feared that extending the copyright term will likely impede incentives for the creation of new contents, increase the cost of licensing/royalties, diminish the choice and creativity of film and music industry and increase royalty payments abroad. The purpose of this study is to determine whether the commercial lifespan of copyright works is long enough. Design/methodology/approach Using a qualitative research method, in-depth interviews were carried out with key industry players between June and September 2015 to collect relevant information from the industry. The information obtained was analysed to gauge the market standing of the local music industry and how the proposed extension would bolster their financial and market power. The paper does not intend to explore the legal implications from the retrospective extension of copyright term and data on illegal use and piracy. The findings of the research will be purely drawn from the non-structured interviews and information gathered from respondents. Findings The paper concludes that there is not enough evidence to support the notion that the copyright extension will be economically advantageous to the local music industry. Research limitations/implications The feedback from the interviews, although cannot be generalised to be considered as representing the whole music industry in Malaysia, can nevertheless be taken as preliminary conclusions and an eye-opener to the quest for concrete support in the debate for the extension of the copyright term in Malaysia. The paper also does no explore the legal implications from the retrospective extension of copyright and data on illegal use and piracy. Practical implications In conclusion, more studies need to be conducted to understand the dynamics and needs of the music market in Malaysia for the extension of the copyright term to be really beneficial to them. As this study is only conducted using a qualitative research method, using open-ended and in-depth interview techniques on a small group of respondents, there may be a need to embark on empirical research with proper execution of survey instruments to a larger group of respondents. Social implications The music industry is chosen as the case study because it may develop into a potential export interest. The music industry as a small component of the larger “creative industry” has been identified as one of the new economic drivers under the Tenth Malaysia Plan. Originality/value The paper was first presented at the ATRIP Congress 2015 at Cape Town on 27th September 2015. The paper has not been published. No studies have been done on the possible implications of copyright extension term on the music industry in Malaysia before.

Voices from the dead: the uneasy case of indigenous cultural expression

Purpose Traditional cultural expression (TCE) includes music, dance, art, designs, names, signs and symbols, performances, ceremonies, architectural forms, handicrafts and narratives or many other artistic or cultural expressions [World Intellectual Property Office (WIPO)]. To constitute TCEs, the expressions must form part of the identity and heritage of a traditional or indigenous community and need to be passed down from generation to generation (Kuprecht, 2014). This paper aims to analyse the protection of TCE in Malaysia by focusing on the Mah Meri tribe. This paper examines copyright over TCE, recordation as a means of preserving a dying tradition and customary practices and native law. Design/methodology/approach Information is drawn from personal discussions with the weavers and carvers of the Mah Meri tribe, and a focus group discussion with subject matter experts. As a way of comparison, a personal visit has been made to Sarawak Biodiversity Centre, Sarawak Native Courts, the Dayak Iban Association and Dayak Bidayuh Association. Findings The research found that copyright law has no specific provision for the protection of TCEs. Customary practices of the indigenous people and the native law of Sarawak have limited effect outside their traditional domain. Recordation and documentation of TCEs are the prime initiatives, but the documents or the recordings do not carry any legal status. Research limitations/implications The research is limited only to the Mah Meri tribe with a comparison drawn to the Dayak Iban and Dayak Bidayuh tribe. Practical implications The research examines the practical implications of copyright and recording and documentation of cultural expression in Malaysia. Social implications The research sets to unearth and highlight the ideation process in a tribal setting and how that clashes with the formal creation setting in a modern intellectual property system. Originality/value This paper was presented at the IAITL Congress 2013. It also appeared in the Conference Proceedings edited by Slyvia Kieerkgard, but it has not been published in any journals.

Critical data leak analysis in educational environment

The rapid growth of computer technologies has resulted in a corresponding increase in the creation of new loopholes in systems which eventually might result in data leak. Data leakage is an incident in which sensitive information is released to any unauthorized party intentionally or unintentionally. There is a large set of software available which can be used to prevent data leak, however they fail to cover all the channels of leakage involved. Many institutions specifically educational institutions are in possession of large amounts of personal data. Due to the sheer size of these institutions, securing each and every system is overlooked. Educational institutions need to implement higher levels of security practices in their systems to stop any attempts of users trying to access critical data intentionally. If adequate measures are not taken, records belonging to the staff as well as students can be manipulated and used. We conduct a case study, and show the potential weaknesses and vulnerabilities that can exist in an educational environment which can be a path for data leak. The results have important implications on preventive measures that can be used by such institutions to avert data leak.

Scope and Duration of Compulsory Licensing: Lessons from National Experiences

The TRIPS Agreement provides significant flexibility to member countries to determine the scope and duration of compulsory licences issued by them. TRIPS mandates, however, that the scope and duration of the licence must not go beyond the purpose for which the licence is issued. For countries that have never invoked compulsory licences before, the lack of detailed provision on this offers little guidance on how to invoke such licences. This chapter examines national experiences on compulsory licences and draws lessons from them by identifying the relevant criteria in setting the scope and duration of compulsory licences. From these experiences, several observations can be made. It is essential that the terms of such non-voluntary licences address the harm to be alleviated. The terms of the licences must be relevant and effective and proportionate to the harm to be alleviated. The chapter ends by suggesting that national authorities have broad discretion in terms of the scope of the licences. However, such licence must be carefully crafted to reach the specific purpose for which the licence is issued or to cure the harm it seeks to remedy.

Public Research, Open Science and Innovation: Creating the Path for Sustainable Resource-Led Industrialisation in Malaysia

This paper intends to demonstrate the importance of innovation in primary resources by the government research institutes (GRIs) and the practice of open science in creating the path for resource-led and knowledge-intensive industrialisation in Malaysia. The core argument here is that a successful resource -led industrialisation lies on the technological advancement in the primary resources developed by GRIs . The focus of this study is on rubber industry and research undertaken by the Malaysian Rubber Board (MRB). Research methods used were interviews and secondary data search. It is found that R&D undertaken by rubber research centres and their open science practice have sustained Malaysia’s quest to be the leading producer and exporter of natural rubber and rubber based products