Lawyers for Liberty hits back at Rafizi’s claims on Padu’s data protections

Legal advocacy group calls for Padu’s suspension until data protection legislation is amended

Lawyers for Liberty’s Zaid Malek said Economy Minister Rafizi Ramli’s claim that there is a difference between the Personal Data Protection Act and government data reflects a serious lack of understanding and logic. – Azim Rahman/Scoop pic, January 5, 2024

KUALA LUMPUR – The verbal feud between Lawyers for Liberty (LFL) and Economic Minister Rafizi Ramli over the newly launched Central Database Hub (Padu) continues, with the former labelling Rafizi’s statement ‘ignorant and irresponsible.’

The legal rights advocacy group also claimed that he is completely oblivious to the role and necessity of the Personal Data Protection Act 2010 (PDPA) legislation in governing personal data.

This is after the minister defended Padu against LFL, which called for the suspension of the database until the Personal Data Protection Act 2010 (PDPA) is amended to remove a clause that exempted the government from liability.

LFL director Zaid Malek said the minister’s suggestion for “ad hoc and superficial regulations” of individual government agencies to manage personal data protection was reckless.

“Such regulations, even where they exist, do not provide the effective and comprehensive protection afforded by the PDPA itself.

“The PDPA protects data according to carefully laid out principles, including disclosure, security, retention, and data integrity principles,” he said in a statement today.

Rafizi must understand that government agencies’ regulations have no such safeguards, therefore exposing the public’s personal data to potential abuse and misuse, he added.

“In fact, (Rafizi) failed to even give one example of any such regulation. Is he speaking about the Official Secrets Act 1972, which is totally unsuited for this purpose?” he asked.

Zaid said government data around the world is subject to PDPA-type regulations, noting that Malaysia and Singapore are the only countries to exempt such data from the PDPA legislative regime.

“Yet, the minister claims the Malaysian public’s personal data does not require such protection. His claim that it is impossible or impractical for government data to be subjected to PDPA is nonsensical,” he said.

“This is not just an embarrassment to our country but also affects trade and business with entities from countries that have stricter personal data protection regimes,” he added.

Zaid also said data protection has become a global concern that cannot simply be brushed aside, reiterating his call for Padu’s immediate suspension.

“Rafizi’s claim that there’s a difference between PDPA and government data reflects a serious lack of understanding and logic.

“The nature and value of personal data are the same, irrespective of whether it is used by private businesses or by the government, and must be equally protected, whether in the hands of the government or the private sector,” Zaid said.

Recently, former deputy investment, trade, and industry minister Ong Kian Ming called on the government to suspend the Padu registration process until concerns over security issues are resolved.

Zaid also echoed a similar opinion by saying that the system had a “loophole” as it was launched before the finalisation of any amendments to the PDPA, which currently exempts the government from liability.

He pointed out that the government had previously misused citizens’ data to spread propaganda through text messages before a centralised database storage system was implemented.

Subsequently, Rafizi yesterday dismissed the concerns, stressing that government agencies were bound by their own data regulations and not the PDPA.

The recently launched Padu is a comprehensive government system containing profiles of individuals and households, encompassing citizens and permanent residents in the country.

The system is intended to serve as the primary reference for structuring and implementing programmes or policies aimed at promoting the well-being of the people, as well as to ensure subsidies go to the targeted group. – January 5, 2024