Personal Data Protection
43
(b) the processing of personal data is necessary—
(i) for the performance of a contract to which the
data subject is a party;
(ii) for the taking of steps at the request of the data
subject with a view to entering a contract;
(iii) for compliance with any legal obligation to which
the data user is the subject, other than an obligation
imposed by contract; or
(iv) in order to protect the vital interests of the data
subject; or
(c) in such other cases as may be prescribed by the Minister
by order published in the Gazette.
(3) The data user shall, within twenty-one days from the date
of receipt of the data subject notice under subsection (1), give
the data subject a written notice—
(a) stating that he has complied or intends to comply with
the data subject notice; or
(b) stating his reasons for regarding the data subject notice as
unjustified, or to any extent unjustified, and the extent,
if any, to which he has complied or intends to comply
with it.
(4) Where the data subject is dissatisfied with the failure of
the data user to comply with the data subject notice, whether in
whole or in part, under paragraph (3)(b), the data subject may
submit an application to the Commissioner to require the data
user to comply with the data subject notice.
(5) Where the Commissioner is satisfied that the application
of the data subject under subsection (4) is justified or justified to
any extent, the Commissioner may require the data user to take
such steps for complying with the data subject notice.
(6) A data user who fails to comply with the requirement of
the Commissioner under subsection (5) commits an offence and
shall, on conviction, be liable to a fine not exceeding two hundred
thousand ringgit or to imprisonment for a term not exceeding two
years or to both.