KUCHING: Sarawak in principle supports the federal government’s noble intention to ensure aid and subsidies to Malaysians are channelled effectively via the Central Database Hub (PADU).
Nevertheless, Deputy Minister in the Sarawak Premier’s Department (Law, Malaysia Agreement 1963 and State-Federal Relations) Datuk Sharifah Hasidah Sayeed Aman Ghazali stressed that the authorities must be cautious about its implementation so as not to deprive eligible Malaysians from receiving the targeted subsidies just by looking into individual’s financial position and economic wellbeing.
She said the Ministry of Economy (MoE) must clarify the protocols and ensure that data collected will not be leaked in order for the Sarawak government to fully support Putrajaya’s initiative, as it also needs to protect Sarawakians’ interests.
Sharifah said the concerns expressed by government and the Sarawak public in general are valid as cases regarding data breaches, leaks and seams are rampant nowadays; therefore, a consolidation of personal data of all Malaysians in one central database would have to be equipped with the highest level of security and data protection.
“It is understandable that information on economic and financial standing are important to determine the targeted subsidies.
“However, not to the extent of disclosing or exposing their personal and private profiles which are not necessary in determining the eligibility of the targeted recipients,” she said in a press statement today.
Unlike other jurisdictions, Sharifah explained that, Malaysia has no specific law such as a Privacy Act to protect personal privacy, except for the Personal Data Protection Act 2010 (PDPA), which regulates the processing of personal data in regard to commercial transactions and provides principles for data protection, including consent, purpose limitation, and data security.
Being the only main legislation on data protection in Malaysia, as to date, the PDPA is always made to be the reference to matters relating to data protection and privacy.
According to her, it is a common misconception that the PDPA is a “privacy rights” legislation. While privacy and personal data can often be interlinked, the PDPA is narrow in its application as it deals with personal data privacy as opposed to privacy rights in general.
Even though there is no principle on the right to privacy in Malaysia, the Federal Court case of Sivarasa Rasiah v Badan Peguam Malaysia & Anor [2010] 3 CLJ 507 held that the right to personal liberty under Article 5(1) of the Federal Constitution includes the right to privacy.
“With limited legislation on data privacy and data protection, there is a legitimate concern regarding where one is willing to share their personal data and information in Malaysia,” she added.
On Saturday, Prime Minister Datuk Seri Anwar Ibrahim asked Economy Minister Rafizi Ramli to clarify the PADU registration issue at the Cabinet meeting this week due to the concerns raised by Premier Datuk Patinggi Tan Sri Abang Johari Tun Openg about the system.
Meanwhile, Rafizi also reportedly said that ministry officials would also hold a meeting with the Sarawak government this week to discuss the matters.
This follows an order addressed to district and administrative officers in the state, against registering on PADU that has gone viral on social media.
Rafizi said the instruction (based on the memo) was meant for the district and administrative officers.
PADU was launched by the federal government in January for real time data integration and sharing among Malaysian government agencies, focusing solely on improving data accessibility and government decision-making efficiency.
It is meant to have accurate individual and household profile for the federal government to implement targeted subsidies and to rationalise its subsidies and avoid potential leakage in the distribution of subsidies