SIBU, March 27: The public has been cautioned that they lack legal recourse to claim damages or sue the government in case there is a data breach or leakage after registering with the Central Database Hub (Padu).
Deputy Minister of Public Health, Housing, and Local Government, Datuk Michael Tiang, clarified, “Section 3 of the Personal Data Protection Act (APDP) 2010 clearly states that this act does not apply to Federal and State governments. Consequently, the public has no legal provisions protecting them in case any government agency causes personal data leaks or fails to protect such data.”
Tiang, who is also a lawyer, made these remarks to reporters after presenting appointment letters to seven community leaders at the Sibu District Office today.
“Padu is an initiative by a Federal government agency to collect personal data from all citizens across the country to build a comprehensive central database,” Tiang explained.
“When we discuss personal data, the APDP 2010 governs the processing of personal data related to commercial transactions and provides the basis for data protection, including consent, purpose limitation, and data security.”
“Thus, any corporate body or private entity collecting personal data from the public is responsible for safeguarding that data from leaks. If information is compromised, affected individuals or groups can take legal action against the relevant parties under this act,” he added.
Tiang highlighted the exemption of Federal and State governments from APDP 2010 regulations, leading to no legal framework protecting individuals if their personal data is leaked, especially involving government agencies.
“With only about 20 per cent of the population registered with Padu, how does the Federal government intend to implement targeted subsidies or provide assistance?” Tiang questioned.
He urged the Sarawak government to postpone Padu registration after conducting a comprehensive study, considering the absence of legal provisions protecting personal data for registrants.
Consequently, he stated that the State Cabinet decided to delay Padu registration while maintaining communication with the Federal government regarding the issue.
Tiang also mentioned that his service center has received numerous inquiries from the public regarding the necessity of registration following the Sarawak government’s stance on the Padu matter. — DayakDaily
