18
Laws of Malaysia
ACT 709
(2) Notwithstanding paragraph (1)(a), a data user may
process personal data about a data subject if the processing is
necessary—
(a) for the performance of a contract to which the data subject
is a party;
(b) for the taking of steps at the request of the data subject
with a view to entering into a contract;
(c) for compliance with any legal obligation to which the data
user is the subject, other than an obligation imposed by
a contract;
(d) in order to protect the vital interests of the data
subject;
(e) for the administration of justice; or
(f) for the exercise of any functions conferred on any person
by or under any law.
(3) Personal data shall not be processed unless—
(a) the personal data is processed for a lawful purpose directly
related to an activity of the data user;
(b) the processing of the personal data is necessary for or
directly related to that purpose; and
(c) the personal data is adequate but not excessive in relation
to that purpose.
Notice and Choice Principle
7. (1) A data user shall by written notice inform a data
subject—
(a) that personal data of the data subject is being processed
by or on behalf of the data user, and shall provide a
description of the personal data to that data subject;
(b) the purposes for which the personal data is being or is
to be collected and further processed;
(c) of any information available to the data user as to the
source of that personal data;
(d) of the data subject’s right to request access to and to
request correction of the personal data and how to
contact the data user with any inquiries or complaints
in respect of the personal data;