38
Laws of Malaysia
ACT 709
(2) Without prejudice to the generality of subsection (1), where
personal data to which the data correction request relates is an
expression of opinion and the data user is not satisfied that the
expression of opinion is inaccurate, incomplete, misleading or
not up-to-date, the data user shall—
(a) make a note, whether annexed to the personal data or
elsewhere—
(i) of the matters in respect of which the expression
of opinion is considered by the requestor to
be inaccurate, incomplete, misleading or not
up-to-date; and
(ii) in such a way that the personal data cannot be used
by any person without the note being drawn to
the attention of and being available for inspection
by that person; and
(b) attach a copy of the note to the notice referred to in
subsection (1) which relates to the data correction
request.
(3) In this section, “expression of opinion” includes an assertion
of fact which is unverifiable or in all circumstances of the case
is not practicable to verify.
(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.
Withdrawal of consent to process personal data
38. (1) A data subject may by notice in writing withdraw his
consent to the processing of personal data in respect of which
he is the data subject.
(2) The data user shall, upon receiving the notice under
subsection (1), cease the processing of the personal data.
(3) The failure of the data subject to exercise the right conferred
by subsection (1) does not affect any other rights conferred on
him by this Part.