42
Laws of Malaysia
ACT 709
the data user is not required to comply with the provisions of
the Notice and Choice Principle in respect of the subsequent
collection if—
(A) to comply with those provisions in respect of that subsequent
collection would be to repeat, in the same circumstances,
what was done to comply with that principle in respect
of the first collection; and
(B) not more than twelve months have elapsed between the
first collection and the subsequent collection.
(2) For the avoidance of doubt, it is declared that subsection (1)
shall not operate to prevent a subsequent collection from becoming
a first collection if the data user concerned has complied with the
provisions of the Notice and Choice Principle in respect of the
subsequent collection.
Right to prevent processing likely to cause damage or
distress
42. (1) Subject to subsection (2), a data subject may, at any
time by notice in writing to a data user, referred to as the “data
subject notice”, require the data user at the end of such period
as is reasonable in the circumstances, to—
(a) cease the processing of or processing for a specified
purpose or in a specified manner; or
(b) not begin the processing of or processing for a specified
purpose or in a specified manner,
any personal data in respect of which he is the data subject if,
based on reasons to be stated by him—
(A) the processing of that personal data or the processing
of personal data for that purpose or in that manner
is causing or is likely to cause substantial damage or
substantial distress to him or to another person; and
(B) the damage or distress is or would be unwarranted.
(2) Subsection (1) shall not apply where—
(a) the data subject has given his consent;