College operator first to be hauled to court under PDP Act

KUALA LUMPUR: College operator Khas Cergas Sdn Bhd is the first to be hauled to court for running afoul of the Personal Data Protection (PDP) Act 2010.

The company, which owns Victoria International College in Jalan Ipoh, was charged with processing the personal data of the college’s former maintenance technician, A. Marimuthu, 39, without a certificate of registration issued by the Personal Data Protection Commissioner.

A company official claimed trial to the charge at the Sessions Court yesterday.

Khas Cergas was alleged to have committed the offence at the college at about 12.15pm on June 6 last year.

The offence is punishable under the Act with a maximum fine of RM500,000 or up to three years in jail, or both, if convicted.

Sessions judge Harmi Thamri Mohamad @ Shaharudin fixed May 22 for mention.

The company was asked to engage a lawyer while the prosecution was told to provide the defence with the necessary documents.

DPP Fauziah Daud told reporters later that 13 groups of businesses, including the health and service sectors, must register with the department for various aspects relating to data users.

She said this was the first prosecution under the Act and that more will be brought to court over such violations.

Under the Act, a data user is someone who processes any personal data or has control over or authorises the processing of such data.