Personal Data Protection
39
(4) A data user who contravenes subsection (2) commits an
offence and shall, on conviction, be liable to a fine not exceeding
one hundred thousand ringgit or to imprisonment for a term not
exceeding one year or to both.
Extent of disclosure of personal data
39. Notwithstanding section 8, personal data of a data subject
may be disclosed by a data user for any purpose other than the
purpose for which the personal data was to be disclosed at the
time of its collection or any other purpose directly related to that
purpose, only under the following circumstances:
(a) the data subject has given his consent to the
disclosure;
(b) the disclosure —
(i) is necessary for the purpose of preventing or detecting
a crime, or for the purpose of investigations;
or
(ii) was required or authorized by or under any law
or by the order of a court;
(c) the data user acted in the reasonable belief that he had in
law the right to disclose the personal data to the other
person;
(d) the data user acted in the reasonable belief that he would
have had the consent of the data subject if the data
subject had known of the disclosing of the personal data
and the circumstances of such disclosure; or
(e) the disclosure was justified as being in the public interest
in circumstances as determined by the Minister.
Processing of sensitive personal data
40. (1) Subject to subsection (2) and section 5, a data user shall
not process any sensitive personal data of a data subject except
in accordance with the following conditions:
(a) the data subject has given his explicit consent to the
processing of the personal data;