46
Laws of Malaysia
ACT 709
(e) processed for the purpose of discharging regulatory
functions shall be exempted from the General Principle,
Notice and Choice Principle, Disclosure Principle and
Access Principle and other related provisions of this Act
if the application of those provisions to the personal
data would be likely to prejudice the proper discharge
of those functions; or
(f) processed only for journalistic, literary or artistic purposes
shall be exempted from the General Principle, Notice and
Choice Principle, Disclosure Principle, Retention Principle,
Data Integrity Principle and Access Principle and other
related provisions of this Act, provided that—
(i) the processing is undertaken with a view to the
publication by any person of the journalistic,
literary or artistic material;
(ii) the data user reasonably believes that, taking into
account the special importance of public interest
in freedom of expression, the publication would
be in the public interest; and
(iii) the data user reasonably believes that in all the
circumstances, compliance with the provision
in respect of which the exemption is claimed
is incompatible with the journalistic, literary or
artistic purposes.
Power to make further exemptions
46. (1) The Minister may, upon the recommendation of the
Commissioner, by order published in the Gazette exempt—
(a) the application of any of the Personal Data Protection
Principles under this Act to any data user or class of
data users; or
(b) any data user or class of data users from all or any of
the provisions of this Act.
(2) The Minister may impose any terms or conditions as he
thinks fit in respect of any exemption made under subsection (1).