What legislative impact assessment is needed for making govt legally liable for data leaks?

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Legislative Impact Assessment Required for Government Liability in Data Leaks

A comprehensive legislative impact assessment is necessary before the government can be made legally liable in court for personal data leaks. This assessment will consider various international approaches to similar issues, which range from amending existing laws to enacting entirely new legislation. The Ministry of Digital is actively evaluating these considerations with the aim of presenting a decision to the Cabinet in the near future.
Investigation of Data Leak Complaints

The Personal Data Protection Commissioner’s Office, operating under the Ministry of Digital, is responsible for investigating complaints and reports concerning personal data leaks. These reports are often received from various government agencies, including the Royal Malaysia Police, Bank Negara Malaysia, and the Malaysian Communications and Multimedia Commission. Each complaint undergoes a thorough investigation, adhering to the seven established principles of personal data protection and the current subsidiary legislation.
Proposed Amendments to Data Protection Laws

Enhancing the security of personal data is a key focus, with the ministry currently implementing workflows related to proposed amendments to the Personal Data Protection Act 2010 (Act 709). These amendments are designed to strengthen the existing legal framework and improve the overall protection of sensitive information. This proactive approach aims to address evolving threats and ensure greater accountability.
Collaborative Cybersecurity Policy Development

In parallel, federal and state governments are collaborating to develop robust cybersecurity policies. The primary objective of this joint effort is to fortify government Information and Communication Technology (ICT) systems against potential hacking incidents. This cooperative strategy underscores a commitment to safeguarding critical government infrastructure from cyber threats.
Trends in Cybersecurity Incidents

Data from Cyber99, the national cybersecurity incident response centre, indicates a notable decrease in reported cybersecurity incidents. Last year, the centre recorded 3,232 cases, a significant reduction from the 7,192 cases reported in 2022. This downward trend is also evident when comparing to previous years, with 4,194 cases in 2020 and 5,575 in 2021. Cybersecurity Malaysia plays a crucial role in bolstering national cybersecurity by offering ecosystem protection services to combat threats such as cybercrime and online scams.

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What legislative impact assessment is needed for making govt legally liable for data leaks?

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