Myth Buster

Scenario

Gerard got a call yesterday from Sam Perna Bank who offers him a loan facilities of RM1million. Gerard is puzzled as he has never given any contact numbers to Sam Perna Bank. He recalled he has only given his contact numbers to ABC Bank.

Now, he wondered why his contact numbers is available to Sam Perna Bank and whether he can do anything to stop the call from any unauthorized parties?

Mythbusted.

Any person who offers to sell personal data commits an offence if he collects without the consent of data user under section 130(3) of the Personal Data Protection Act 2010. In other words, if the employee or whoever disclosed or procured to disclose the contact numbers to any other parties without consent of the data user shall commit an offence.

As such, it is very important to ensure that all the data user, particularly any company who is using the personal data, to ensure its employee or contractor to comply and in compliance with the Act.

Having said that, Gerard may lodge a complaint to Sam Perna Bank on the use of his personal data without consent.

If there is no action from Sam Perna Bank, Gerard may lodge a complaint against Department of Personal Data Protection by submitting the online form as below:

http://www.pdp.gov.my/images/pdf_folder/pdf_borang_aduan_finall_2014.pdf

If Gerard is not satisfied with the action taken by the said Department, he may further appeal to the Appeal Tribunal.

So, how much did you know about this Legal Myth?

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