34
Laws of Malaysia
ACT 709
(c) whether the other individual is capable of giving consent;
and
(d) any express refusal of consent by the other individual.
(3) Paragraph (1)(e) shall not operate so as to excuse the
data user from complying with the data access request under
subsection 30(2) to any extent that the data user can comply
with the data access request without contravening the prohibition
concerned.
Notification of refusal to comply with data access request
33. Where a data user who pursuant to section 32 refuses to
comply with a data access request under section 30, he shall, not
later than twenty-one days from the date of receipt of the data
access request, by notice in writing, inform the requestor—
(a) of the refusal and the reasons for the refusal; and
(b) where paragraph 32(1)(e) is applicable, of the name and
address of the other data user concerned.
Right to correct personal data
34. (1) Where—
(a) a copy of the personal data has been supplied by the
data user in compliance with the data access request
under section 30 and the requestor considers that the
personal data is inaccurate, incomplete, misleading or
not up-to-date; or
(b) the data subject knows that his personal data being held
by the data user is inaccurate, incomplete, misleading
or not up-to-date,
the requestor or data subject, as the case may be, may make a
data correction request in writing to the data user that the data
user makes the necessary correction to the personal data.
(2) Where a data user does not hold the personal data, but
controls the processing of the personal data in such a way as
to prohibit the data user who holds the personal data from
complying, whether in whole or in part, with the data correction