44 Laws of Malaysia ACT 709 Right to prevent processing for purposes of direct marketing 43. (1) A data subject may, at any time by notice in writing to a data user, require the data user at the end of such period as is reasonable in the circumstances to cease or not to begin processing his personal data for purposes of direct marketing. (2) Where the data subject is dissatisfied with the failure of the data user to comply with the notice, whether in whole or in part, under subsection (1), the data subject may submit an application to the Commissioner to require the data user to comply with the notice. (3) Where the Commissioner is satisfied that the application of the data subject under subsection (2) is justified or justified to any extent, the Commissioner may require the data user to take such steps for complying with the notice. (4) A data user who fails to comply with the requirement of the Commissioner under subsection (3) commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both. (5) For the purposes of this section, “direct marketing” means the communication by whatever means of any advertising or marketing material which is directed to particular individuals. Record to be kept by data user 44. (1) A data user shall keep and maintain a record of any application, notice, request or any other information relating to personal data that has been or is being processed by him. (2) The Commissioner may determine the manner and form in which the record is to be maintained.