Privacy act. Study Case: Malaysia

1. PRIVACY ACT

2. Definition

3. Definitions of privacy vary widely according to context and
definition
environment. In many countries, the concept has been fused
with data protection, which interprets privacy in terms of
management of personal information.
Privacy is an interest of the human personality. It protects the
inviolate personality, the individual’s independence dignity
and integrity.
The right to privacy is the right to be left alone or to control
unwanted publicity about one’s personal affairs.

4. Background

5. The Constitution of Malaysia does not specifically recognize the Back
ground
right to privacy, but does provide for several related rights,
including freedom of assembly, speech and movement
Historically, the government has circumscribed all of these
rights by law or practice; increasingly so in the name of anti-
terrorism.
The most controversial of these laws remains the Internal
Security Act(ISA), which was originally enacted in the 1960's in
response to Communist insurgency.

6. Other laws with implications for privacy include the
Back
Communications and Multimedia Act (CMA), the Anti- ground
Corruption Act, the Companies Act, the Computer Crimes Act
(CCA), modeled after the United Kingdom's Computer Misuse
Act of 1990, and the Penal Code.
Prime Minister Dr Mahathir Mohamad has characterized data
protection principles as a burden on business and an
impediment to effective policing
The Personal Data Protection Act was supposed to be enacted
by March 2002, but has been delayed according to the
government, by numerous requests for exemptions by business.

7. Aspects of
Privacy

8. Information privacy : which involves the establishment of rules governing the
Aspect
collection and handling of personal data such as credit information, and of privacy
medical and government records. It is also known as "data protection";
Bodily privacy : which concerns the protection of people's physical selves
against invasive procedures such as genetic tests, drug testing and cavity
searches;
Privacy of communications : which covers the security and privacy of mail,
telephones, e-mail and other forms of communication; and
Territorial privacy : which concerns the setting of limits on intrusion into the
domestic and other environments such as the workplace or public space. This
includes searches, video surveillance and ID checks.

9. Invasion of
Privacy

10. invasion of
privacy
Invasion of privacy is defined as the wrongful intrusion by
individuals or organizations into a person's private activities
and effects
The tort of invasion of privacy protects the individual’s right to
be secure from intrusion into and publicity about his private
affairs

11. Four Distinct Torts

12. Four distinct
torts
These four distinct torts described by Prosser are recognized
in the Restatement (Second) of Torts §§ 552A-E (1977), and
three of them have been almost universally adopted.
The four invasion of privacy torts are: (1) intrusion upon
seclusion; (2) publication of private embarrassing facts; (3)
appropriation of name or likeness; and (4) publicity placing
one in a false light.

13. (1) intrusion upon seclusion Four distinct
torts
The tort of intrusion provides a remedy for unreasonable and
offensive, but not necessarily physical, intrusions into the
solitude of another
One who intentionally intrudes, physically or otherwise, upon
the solitude or seclusion of another, or his private affairs or
concerns, is subject to liability to the other for invasion of his
privacy, if the intrusion would be highly offensive to a
reasonable person.
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14. The type of information obtained from the unwarranted
Four distinct
intrusion is not important; it is the offensive manner in which torts
the information is obtained which forms the nucleus of the
tort, and unlike the remaining three privacy torts, intrusion
does not require a publication
Minor and annoying excursions into the plaintiff’s private
affairs are insufficient to support a claim for intrusion.
A newspaper or broadcaster does not commit intrusion by
mere receipt of tortuously obtained information, even
though it has actual knowledge of the impropriety.
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15. If a recorded conversation is oral, the issue of whether a
Four distinct
tortuous intrusion has occurred is dependent upon whether a torts
reasonable expectation of privacy exists and whether or not
that expectation of privacy was interfered with in some
highly objectionable manner.
There has been no clear resolution whether damages for
intrusion include damages arising from the subsequent
publication when the publication would not otherwise be
actionable as a libel or under another branch of the invasion
of privacy tort.

16. (2) publication of private
Four distinct
embarrassing facts torts
The tort of publication of private embarrassing facts deals
with the disclosure of truthful information once obtained
The First Amendment protects the right of free speech.
The elements of the tort of “public disclosure of private facts”
are: (1) a publication to the general public absent any
waiver or privilege; (2) of private matters; (3) in which the
public has no legitimate concern; and (4) such as to bring
humiliation or shame to a person of ordinary sensibilities
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17. Four distinct
torts
Publication :
Unlike defamation wherein a communication to a single
person can constitute sufficient publication, the publication
requirement in an invasion of privacy case “means publicity
in the sense of communication to the public in general or to
a large number of persons, as distinguished from one
individual or a few.”
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18. Four distinct
torts
Private Facts :
There is no action for public disclosure of private,
embarrassing facts unless the facts disclosed concern the
private, as opposed to the public life of the individual.
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19. Public Records and Matters of Public Interest :
Four distinct
By definition, the public disclosure of private facts claim excludes
torts
publicity given to matters already publicized or in the public record
and matters of legitimate public interest and concern.
Such circumstances included:
1. “Where the operation of laws and the activities of the police or
other public bodies are involved. . . .”
2. Open court records.
3. Police arrests, even if no charge is filed.
4. Criminal action of which the police should be informed.
5. An event which occurs in public view because there can be no
invasion of privacy in giving further publicity to a matter which is
already public

20. Four distinct
torts
Shame and Humiliation :
Another requirement of the tort of disclosure of private facts
is that the material published must bring shame to a person
of ordinary sensibilities. In this regard, the publication must be
highly offensive

21. (3) appropriation of name
Four distinct
or likeness torts
This branch of invasion of privacy law recognizes an
individual’s right to privacy from commercial exploitation
There are two elements; (1) Appropriation of Privacy and (2)
Appropriation of Publicity
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22. Four distinct
torts
Appropriation of Privacy :
“No one has the right to object merely because his name or
his appearance is brought before the public since neither is
in any way a private matter and both are open to public
observation “
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23. Four distinct
torts
Appropriation of Publicity :
“We therefore conclude that one has an exclusive right to his
picture, on the score of its being a property right of material
profit. We also consider it to be a property right of value, in
that it is one of the modes of securing to a person the
enjoyment of life and the exercise of liberty.”
Munden v. Harris

24. 4) publicity placing one in a false
Four distinct
light. torts
One who gives publicity to a matter concerning another that
places the other before the public in a false light is subject to
liability to the other for invasion of his privacy, if (a) the false
light in which the other was placed would be highly offensive
to a reasonable person, and (b) the actor had knowledge of
or acted in reckless disregard as to the falsity of the
publicized matter and the false light in which the other would
be placed.

25. Value of Privacy

26. The ability to maintain the confidentiality of personal
Value of
information is the hallmark of an autonomous individual privacy
Privacy can protect us from scorn and ridicule by others.
Privacy produces a mechanism by which we can control our
reputations
Privacy in the scene of being alone, is valuable in keeping
others at a distance and regulating the degree of social
interaction we have.
Privacy serves as a shield against the power of government.

27. Implication toward
media practitioners

28. implication
Media has limits to write
If media break the rules, they can easily be sued
Citizen will not know the current issues that happen in our
country

29. Cases

30. cases
Jazimin Abdul Jalil :
Father of Nurin Jazlin filled an application for the High Court
to decide whether the Inspector General of Police (IGP) and
three others were responsible for distributing Nurin’s autopsy
pictures on the internet. Jazimin filled a suit against the
IGP,Selangor police chief,PJ police chief and the
government of Malaysia for negligence.

31. cases
Mohd Rizal Mat Yusuf :
Sued by one of his ex girlfriend because allegedly making a
pornographic video compact disc (VCD), entitled
Kehidupan Seorang Pramugara Yang Terlampau for the
purpose of distribution and circulation.

32. cases
Afrizal Zainani :
He has filled a suit against the director of a health product
company for allegedly using his photograph to endorse a
product without his consent

33. cases
Elizabeth Wong :
She is Bukit Lanjan Bukit Lanjan State Assemblyperson. Photos
of her sleeping naked were circulated to the public by
mobile phone and internet. It was shot by her ex-boyfriend,
Hilmi Malik who had disappeared until today. She issued
resignation letter from all her post in party and state
government in 2008, however she took back her decision
and stay on all her post.

34. cases
Chua Soi Lek :
He is MCA high council member. In 2009, a video of him
having sex with unknown woman was circulated on internet.
The videos was believe to be recorded by hidden camera in
the hotel he was staying. He admitted the person in the
video was him and quit all of his post in party after the
circulation of the scandal.

35. cases
Noor Haslina :
In 2010, Noor Haslina she received a package which
contained nine A4-sized sheets of paper with information
about her SMS exchanges and a pen drive that had
recordings of her phone conversations. She then filed RM 20
million against Celcom Axiata Berhad for allegedly revealing
the contents of her SMS exchanges and recordings of her
telephone conversations with other individuals.

36. THANK YOU