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PRIVACY ACT
Definition
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.
Background
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Security Act(ISA), which was originally enacted in the 1960's in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.
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.
Aspects of
   Privacy
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.
Invasion of
   Privacy
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
Four Distinct Torts
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.
(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.

                                                        continue..
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.

                                                        continue..
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.
(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

                                                      continue..
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.”




                                                   continue..
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.




                                                       continue..
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
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
(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

                                                   continue..
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 “




                                                   continue..
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
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.
Value of Privacy
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.
Implication toward
media practitioners
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
Cases
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.
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.
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
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.
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.
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.
THANK YOU

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Privacy act

  • 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.
  • 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
  • 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. continue..
  • 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. continue..
  • 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 continue..
  • 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.” continue..
  • 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. continue..
  • 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 continue..
  • 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 “ continue..
  • 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.
  • 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.
  • 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.