The Case for Private Action Rights under Malaysia's PDPA

This article proposes that a solution would be the introduction of a statutory right to private action under the PDPA. While only dealing with the narrower scope of personal data protection, it offers a ‘sandbox’ for structured exploration into the notion of privacy.

By enabling individuals to take legal action directly against those who violate their data protection rights within the confined parameters of the PDPA, a platform is created for the systematic development of privacy centered legal precedent whilst not compromising the enforcement and effectiveness of enforcement under the Act. It would certainly be an effective step towards a ‘privacy mature’ jurisdiction.