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    Malaysia Provides ‘White List’ of Countries to Facilitate Cross-Border Data Transfers

    May 08, 2017

    Malaysia’s Department of Personal Data Protection (PDP) has opened a public consultation on a ministerial order that provides a “white list” of countries deemed to maintain adequate standards of data protection, according to DataGuidance.com.

    According to attorney Adlin Abdul Majid of Lee Hishammuddin Allen & Gledhill, the draft order would allow personal data to be transferred to the jurisdictions specified without having to follow certain conditions in the current Personal Data Protection Act 2010. These conditions include: (a) obtaining the consent of the data subject in relation to the transfer; or (b) taking all reasonable precautions and exercising all due diligence to ensure that the personal data is not processed outside Malaysia in any manner which would be a contravention of the PDPA.

    Majid told DataGuidance.com that the existing conditions can be a burden to data users and the new proposal would “undoubtedly facilitate the cross-border transfer of data from Malaysia.”

    The PDP has sought public comments on the draft order and affirms that it’s considered a “living document.”

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