Scenario
I received call from Real Estate Agents by calling the name and asking if I planning to sell or rent my units…
Is it legal? Or there is no law to protect me?
Mythbusted.
If the data subject has previously consented to their personal information for this use, it is legal for the real estate agents to do.
If the data subject has not given the necessary consent, it is illegal for the real estate agents to do so or for the data user to have shared the information with the real estate agent.
The unit owners and tenants may by notice first inform the real estate agents not to use their personal data, as provided under Section 43(1) of PDPA 2010. If you still continue to receive such calls, you can exercise your rights under Section 43(2) of PDPA 2010 by sending an application to the Personal Data Protection Commissioner (”Commissioner”) to require the agents to comply with the notice. If the Commissioner is satisfied with the application, they can require the agents to comply with such notice and any agents who fails to comply with the said notice commits an offence and is liable to a fine not exceeding RM200,000.00 or to imprisonment for a term not exceeding two (2) years or to both.
If you know that the agents obtained your personal data without your consent, you may report to the Commissioner. If the agent is found guilty of buying the your details from an insider, both the agents and insider will be liable to fines and jail terms.
Full Article please refer to Focus – The Legality of Holding on to Owners’ Details
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