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Privacy act


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Privacy act. Study Case: Malaysia

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Privacy act

  2. 2. Definition
  3. 3. Definitions of privacy vary widely according to context and definitionenvironment. In many countries, the concept has been fusedwith data protection, which interprets privacy in terms ofmanagement of personal information.Privacy is an interest of the human personality. It protects theinviolate personality, the individual’s independence dignityand integrity.The right to privacy is the right to be left alone or to controlunwanted publicity about one’s personal affairs.
  4. 4. Background
  5. 5. The Constitution of Malaysia does not specifically recognize the Back groundright to privacy, but does provide for several related rights,including freedom of assembly, speech and movementHistorically, the government has circumscribed all of theserights by law or practice; increasingly so in the name of anti-terrorism.The most controversial of these laws remains the InternalSecurity Act(ISA), which was originally enacted in the 1960s inresponse to Communist insurgency.
  6. 6. Other laws with implications for privacy include the BackCommunications and Multimedia Act (CMA), the Anti- groundCorruption Act, the Companies Act, the Computer Crimes Act(CCA), modeled after the United Kingdoms Computer MisuseAct of 1990, and the Penal Code.Prime Minister Dr Mahathir Mohamad has characterized dataprotection principles as a burden on business and animpediment to effective policingThe Personal Data Protection Act was supposed to be enactedby March 2002, but has been delayed according to thegovernment, by numerous requests for exemptions by business.
  7. 7. Aspects of Privacy
  8. 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 peoples 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; andTerritorial 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. 9. Invasion of Privacy
  10. 10. invasion of privacyInvasion of privacy is defined as the wrongful intrusion byindividuals or organizations into a persons private activitiesand effectsThe tort of invasion of privacy protects the individual’s right tobe secure from intrusion into and publicity about his privateaffairs
  11. 11. Four Distinct Torts
  12. 12. Four distinct tortsThese four distinct torts described by Prosser are recognizedin the Restatement (Second) of Torts §§ 552A-E (1977), andthree of them have been almost universally adopted.The four invasion of privacy torts are: (1) intrusion uponseclusion; (2) publication of private embarrassing facts; (3)appropriation of name or likeness; and (4) publicity placingone in a false light.
  13. 13. (1) intrusion upon seclusion Four distinct tortsThe tort of intrusion provides a remedy for unreasonable andoffensive, but not necessarily physical, intrusions into thesolitude of anotherOne who intentionally intrudes, physically or otherwise, uponthe solitude or seclusion of another, or his private affairs orconcerns, is subject to liability to the other for invasion of hisprivacy, if the intrusion would be highly offensive to areasonable person. continue..
  14. 14. The type of information obtained from the unwarranted Four distinctintrusion is not important; it is the offensive manner in which tortsthe information is obtained which forms the nucleus of thetort, and unlike the remaining three privacy torts, intrusiondoes not require a publicationMinor and annoying excursions into the plaintiff’s privateaffairs are insufficient to support a claim for intrusion.A newspaper or broadcaster does not commit intrusion bymere receipt of tortuously obtained information, eventhough it has actual knowledge of the impropriety. continue..
  15. 15. If a recorded conversation is oral, the issue of whether a Four distincttortuous intrusion has occurred is dependent upon whether a tortsreasonable expectation of privacy exists and whether or notthat expectation of privacy was interfered with in somehighly objectionable manner.There has been no clear resolution whether damages forintrusion include damages arising from the subsequentpublication when the publication would not otherwise beactionable as a libel or under another branch of the invasionof privacy tort.
  16. 16. (2) publication of private Four distinctembarrassing facts tortsThe tort of publication of private embarrassing facts dealswith the disclosure of truthful information once obtainedThe 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 anywaiver or privilege; (2) of private matters; (3) in which thepublic has no legitimate concern; and (4) such as to bringhumiliation or shame to a person of ordinary sensibilities continue..
  17. 17. Four distinct tortsPublication :Unlike defamation wherein a communication to a singleperson can constitute sufficient publication, the publicationrequirement in an invasion of privacy case “means publicityin the sense of communication to the public in general or toa large number of persons, as distinguished from oneindividual or a few.” continue..
  18. 18. Four distinct tortsPrivate Facts :There is no action for public disclosure of private,embarrassing facts unless the facts disclosed concern theprivate, as opposed to the public life of the individual. continue..
  19. 19. Public Records and Matters of Public Interest : Four distinctBy definition, the public disclosure of private facts claim excludes tortspublicity given to matters already publicized or in the public recordand 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. 20. Four distinct tortsShame and Humiliation :Another requirement of the tort of disclosure of private factsis that the material published must bring shame to a personof ordinary sensibilities. In this regard, the publication must behighly offensive
  21. 21. (3) appropriation of name Four distinctor likeness tortsThis branch of invasion of privacy law recognizes anindividual’s right to privacy from commercial exploitationThere are two elements; (1) Appropriation of Privacy and (2)Appropriation of Publicity continue..
  22. 22. Four distinct tortsAppropriation of Privacy :“No one has the right to object merely because his name orhis appearance is brought before the public since neither isin any way a private matter and both are open to publicobservation “ continue..
  23. 23. Four distinct tortsAppropriation of Publicity :“We therefore conclude that one has an exclusive right to hispicture, on the score of its being a property right of materialprofit. We also consider it to be a property right of value, inthat it is one of the modes of securing to a person theenjoyment of life and the exercise of liberty.” Munden v. Harris
  24. 24. 4) publicity placing one in a false Four distinctlight. tortsOne who gives publicity to a matter concerning another thatplaces the other before the public in a false light is subject toliability to the other for invasion of his privacy, if (a) the falselight in which the other was placed would be highly offensiveto a reasonable person, and (b) the actor had knowledge ofor acted in reckless disregard as to the falsity of thepublicized matter and the false light in which the other wouldbe placed.
  25. 25. Value of Privacy
  26. 26. The ability to maintain the confidentiality of personal Value ofinformation is the hallmark of an autonomous individual privacyPrivacy can protect us from scorn and ridicule by others.Privacy produces a mechanism by which we can control ourreputationsPrivacy in the scene of being alone, is valuable in keepingothers at a distance and regulating the degree of socialinteraction we have.Privacy serves as a shield against the power of government.
  27. 27. Implication towardmedia practitioners
  28. 28. implicationMedia has limits to writeIf media break the rules, they can easily be suedCitizen will not know the current issues that happen in ourcountry
  29. 29. Cases
  30. 30. casesJazimin Abdul Jalil :Father of Nurin Jazlin filled an application for the High Courtto decide whether the Inspector General of Police (IGP) andthree others were responsible for distributing Nurin’s autopsypictures on the internet. Jazimin filled a suit against theIGP,Selangor police chief,PJ police chief and thegovernment of Malaysia for negligence.
  31. 31. casesMohd Rizal Mat Yusuf :Sued by one of his ex girlfriend because allegedly making apornographic video compact disc (VCD), entitledKehidupan Seorang Pramugara Yang Terlampau for thepurpose of distribution and circulation.
  32. 32. casesAfrizal Zainani :He has filled a suit against the director of a health productcompany for allegedly using his photograph to endorse aproduct without his consent
  33. 33. casesElizabeth Wong :She is Bukit Lanjan Bukit Lanjan State Assemblyperson. Photosof her sleeping naked were circulated to the public bymobile phone and internet. It was shot by her ex-boyfriend,Hilmi Malik who had disappeared until today. She issuedresignation letter from all her post in party and stategovernment in 2008, however she took back her decisionand stay on all her post.
  34. 34. casesChua Soi Lek :He is MCA high council member. In 2009, a video of himhaving sex with unknown woman was circulated on internet.The videos was believe to be recorded by hidden camera inthe hotel he was staying. He admitted the person in thevideo was him and quit all of his post in party after thecirculation of the scandal.
  35. 35. casesNoor Haslina :In 2010, Noor Haslina she received a package whichcontained nine A4-sized sheets of paper with informationabout her SMS exchanges and a pen drive that hadrecordings of her phone conversations. She then filed RM 20million against Celcom Axiata Berhad for allegedly revealingthe contents of her SMS exchanges and recordings of hertelephone conversations with other individuals.
  36. 36. THANK YOU