SIBU: Those who have registered with the Central Database Hub (PADU) cannot claim damages or sue the government in the event of a breach and data leak, says a Sarawak deputy minister.

State Deputy Public Health, Housing and Local Government Minister Datuk Michael Tiang said Section 3 of the Personal Data Protection Act (PDPA) 2010 clearly states that the legislation does not apply to the Federal and state governments.

This lack of legal recourse for citizens whose data is compromised was one reason why the Sarawak government adopted its current stance on Padu registration, he added.

"Padu is an initiative by a federal government agency to collect personal data from all citizens across the country to build a complete central database.

"When we talk about personal data, PDPA regulates the processing of personal data in relation to commercial transactions and provides the basis for data protection, including consent, limitation of purpose, and data security.

"Any corporate body or private entity that collects personal data from the public is responsible for protecting that data.

"If there is an information leak, the affected individuals or groups can sue the relevant parties in accordance with this Act," he told reporters after presenting appointment letters to seven community leaders at the Sibu District Office on Wednesday (March 27).

According to Tiang, the Federal and state governments are exempted from PDPA 2010, which means the public has no legal provisions as protection if any government agency causes personal data to be leaked or fails to protect such data.

This was why no party has ever sued the government or any of its agencies in this area, he added.

"With only about 20% of the people of this country having registered with Padu, how does the Federal Government want to implement targeted subsidies or provide assistance," asked Tiang.

He said he also asked the Sarawak government to seek an extension of Padu registration after finding out that there is no legal provision to protect the personal data of anyone who signs up.

As such, he said, the state Cabinet decided to engage with Putrajaya on the issues of security and legal protection.

Tiang also said his service centre had received many inquiries from the public about whether or not they had to register after learning of the state government's stand on Padu.

https://www.thestar.com.my/news/nation/2024/03/27/data-protection-legal-recourse-among-key-reasons-for-sarawak039s-stance-on-padu-says-state-leader