Personal Data Protection Act, right to stop direct marketing
Personal Data Protection Act 2010 (Act 709), s. 43
In force since .
A data subject rights rule binding private bodies.
- Audit expectation
- none
What it requires
- An app that processes an individual's personal data in Malaysia for direct marketing must stop, or not begin, that processing when the individual gives written notice requiring it, as the Commissioner may require.
These lines are LexLint's reading of the law's text.
Who enforces it
Settledness
- As of
What it makes you log
Logging duty
The provisions give a data subject a right and fix what the data user must do in answer. They impose no duty to keep a log or record and name no audit or inspection. The provisions have no scope clause, so there is no territorial hook. The consolidated text pinned is the edition before Act A1727 and the renaming of data user.
- Kind
- None
- As of
What this law does
Section 43 of Act 709 lets a data subject, at any time by notice in writing, require a data user to cease or not to begin processing his personal data for purposes of direct marketing. Direct marketing means the communication by whatever means of any advertising or marketing material which is directed to particular individuals. A data subject dissatisfied with the data user's failure to comply may submit an application to the Commissioner.
A data user who fails to comply with the Commissioner's requirement commits an offence punishable by a fine up to RM200,000, imprisonment up to 2 years, or both.
When LexLint raises it
When your app profile says your app processes personal data or sends automated outreach.
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