Personal Data Protection Act 2010

Course Objectives

After completing this course, participants will be able to:

1. Understand the application of the Personal Data Protection Act 2010 and its related as a result of non-compliance.
2. To reorganize the practices and process the respective work areas to support data protection in line with Personal Data Protection Act 2010
3. Increase the data integrity and ensure business continuity without contamination and infringement.
4. Develop principles and mechanism to detect and prevent unauthorized management and dissemination of Personal Data.
5. To develop and execute a Risk Based Compliance Inspection Plan to protect personal data.

Target Audience

• General Managers, Human Resource Managers, Compliance Officers. Marketing & Sales Managers

Methodology

• Virtual Online Training Session via Zoom
• Highly Interactive Session, with a bilateral approach to the subject participants to share incidences at respective work locations,
• Case Studies.
• Mind Mapping and Recap Sessions,
• Breakout / Mini Workshop Session – allowing participants to develop their own process and to support subject matter and work in synergy with other participants.

Course Modules

• • Who can authorise transfer
  • Circumstances under which Data User can effect transfer within the ambits of PDPA 2010

    MODULE 1: The Underlying reason for the enactment of Personal Data Protection Act 2010

    • Increasing number of the following cases- Identity Theft, Data Loss, Unauthorized dissemination of data, Fraudulent Activities

     

    MODULE 2: Overview of Personal Data Protection Act 2010

    • Regulates processing of personal data
    • Only commercial transactions
    • Not data processed outside Malaysia
    • 7 Principles
    • Criminal
    • No civil remedies
    • Other supporting Regulations under PDPA 2010
    • Personal Data Protection Standards 2015
    • Proposed amendments to PDPA 2010 (What to be prepared for)

     

     

    MODULE 3: Data Subject, Data User & Data Processor

    • Definition
    • Categories

     

    MODULE 4: Personal data

    • What is Personal Data and its express and implied definition
    • Forms of Personal Data: As long as it identifies a data subject
    • Email – Whether it can be classified as personal data depends on the circumstances of the case.
    • IP address – Whether it can be classified as personal data depends on the manner in which it is disclosed.
    • Employer and Employee relationship. Data collated as pre-employment checks; Data volunteered just prior to employment; Data obtained during the course of employment.

     

    MODULE 5: Commercial Transaction

    • Any transaction of a commercial nature, whether contractual or not.
    • What are the areas of commercial activity that falls under the purview of Commercial >
    • Contracts (Data Processor Agreements)
    • Transfer of personal data overseas

     

    MODULE 6: Sensitive personal data 

    • Definition and categories
    • Circumstances and conditions under which it can be processed or disseminated within the ambits of Personal Data Protection Act 2010

     

    MODULE 7: Processing – What constitutes Processing

    • Collecting
    • Recording
    • Holding
    • Storing
    • Organizing
    • Publishing on the Internet
    • Making available

     

    MODULE 8: Principles of Data Protection

    • For data to be processed lawfully in Malaysia, a data user shall comply with the following principles, namely
    • General Principle
    • Notice and Choice Principle
    • Disclosure Principle
    • Security Principle
    • Retention Principle
    • Data Integrity Principle
    • Access Principle

    (A detailed explanation coupled with examples and case studies of each principle will be shared with participants. The exception to the General Principle will also be discussed.)

     

    MODULE 9: In instances of crime prevention, the following principles must be upheld (at least):

    • General principle
    • Notice & choice principle
    • Disclosure principle
    • Access principle.

     

    MODULE 10: Rights of data subject

    • Right to access personal data
    • Right to correct personal data
    • Right to withdrawn consent
    • Right to prevent processing likely to cause damage or distress
    • Right to prevent processing for purpose of direct marketing

     

    MODULE 11: Transfer of Data Overseas

  MODULE 12: What Constitutes an Offence under the Personal Data Protection Act 2010

  • Summary of Offences
  • Case Study
  • Liabilities within the ambit of the act and its related impact