KUCHING: The Sarawak government said it is seeking clarification from the Economy Ministry on the security of personal data it is currently collecting under the Central Database Hub (Padu) initiative.
Deputy Minister in the Sarawak Premier's Department, Datuk Sharifah Hasidah Sayeed Aman Ghazali said the security implementation and protocols are not only pertinent in order for the Sarawak government to fully support the federal government's initiative, it was also needed to protect the interests of Sarawakians.
The state's de facto law minister, in a statement today said the Sarawak government, "in principle supports the noble intention by the federal government to ensure that government resources to aid Malaysians are channeled effectively."
She however said caution must be given to its implementation so as not to deprive eligible Malaysians from receiving the targeted subsidies "by looking into an individual's financial position and economic well-being."
Padu was launched by the federal government on Jan 2 for real time data integration and sharing among Malaysian government agencies.
The stated objective was solely on improving data accessibility and government decision-making efficiency.
Hasidah pointed out that Malaysia, with the exception of the Personal Data Protection Act 2010 (PDPA), has no specific law such as a Privacy Act to protect personal privacy.
PDPA, she said, only 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 pertaining to data protection in Malaysia, to date, the PDPA is always made to be the reference to matters relating to data protection and privacy."
She said it is a common misconception among most Malaysians 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."
She said 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] 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.
"The concerns expressed by the Sarawak government and the public in general are valid as cases regarding data breaches, leaks and seams are rampant nowadays."
Hasidah said 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.
She said it was alright for the federal government to use the data to determine the targeted subsidies but not to the extent of disclosing or exposing personal and private profiles which are not necessary in determining the eligibility of the targeted recipients.
Sarawak has ordered all its agencies and community leaders to stop assisting people, particularly in the rural areas, tp register with Padu "until further notice."
Last Monday, state Tourism, Creative Industry and Performing Arts Minister Datuk Seri Abdul Karim Hamzah, voiced the concerns of the government when he said the questions in the form all Malaysians were required to fill when registering themselves was akin to "stripping yourself naked."
"Practically the moment you fill up (the form), you would have stripped yourself bare. You have to give them (the government) everything."