Lec5 - Information and The Law

TPT1101
PROFESSIONAL DEVELOPMENT
Lecture 5
Information and the Law
Lecture Outline
• Protecting Programs and Data

• Information as an Object
• Legal Issues Relating to Information
• Cyber Laws
• Privacy
• PDPA
• BSA Policy
• Employment Information Act
Copyright © 2013 Pearson Education, Inc. Publishing as Pearson Addison-Wesley/Edited by ZCE

Motivation for studying legal issues
Know what protection the law provides for

computers and data
Appreciate laws that protect the rights of

others with respect to computers,
programs, and data
Understand existing laws as a basis for

recommending new laws to protect
computers, programs, and people
Copyright © 2013 Pearson Education, Inc. Publishing as Pearson Addison-Wesley/Edited by ZCE/NH

Protecting Programs and Data
• Copyright (covered in Lecture 3 – Intellectual Property I)

• Copyright Act 1987
• Patent (covered in Lecture 3 – Intellectual Property I)

– Patents Act 1983
• Trade secret (covered in Lecture 4 – Intellectual
Property II)
– Non-Disclosure Agreement (NDA)
– TRIPs Agreement (Trade-Related Aspects of Intellectual
Property Rights)

Protection for Computer Objects
• Hardware can be patented

• Firmware (hardware patent; code protected as a
trade secret)
• Object code – copyrighted
• Source code – either trade secret or copyright
• Documentation – copyright
• COPYLEFT
• http://www.gnu.org/licenses/copyleft.html#WhatIsCopyleft

Information as an Object
Information is not depletable
Information can be replicated
Information has a minimal marginal cost
Value of information is often time dependent
Information is often transferred intangibly
Copyright © 2013 Pearson Education, Inc. Publishing as Pearson Addison-Wesley/Edited by ZCE/NH

Legal Issues Relating to Information
• Information Commerce
– Copy protection, freeware, controlled
distribution, mobile code/applets
• Electronic Publishing
• Protecting Data in a Database (who owns?)
• Electronic Commerce

Cyber Law
Malaysia’s strategy for moving into the Information

Age was announced in 1996
• ICT-related activities would be at the core of the
new engine of growth.
• A number of cyber-laws were proposed.
• The Malaysian Communications and
Multimedia Act 1998 (CMA 98) was a key
legislation to facilitate the growth of
convergence activities.
Cyber Law
“…REFERS TO ALL THE LEGAL AND

REGULATORY ASPECTS OF Internet and
the World Wide Web. Anything concerned
with or related to or emanating from any legal
aspects or issues concerning any activity of
netizens in and concerning Cyberspace
comes within the ambit of Cyberlaw.”

Cyber Law
OBJECTIVES
• To provide a comprehensive framework of societal
and commerce - enabling laws which encompass
aspects concerning security of information and
network integrity and reliability
• To create the right development of the
communication and multimedia industry and to
position Malaysia as a major hub for the
communications and multimedia information and
content services
Cyber Law
Spirit of cyber laws?
• Laws and policies are designed to promote

commerce and new applications in the era
of digital information and multimedia.
Purpose of cyber laws?
• Cyber laws provide a legal framework for

rapid development of new multimedia
applications and electronic business in the
MSC.
MALAYSIA’S ICT LEGAL FRAMEWORK
Communication
Telemedicine Computer
and Multimedia
Act 1997 Crimes Act 1997
Act 1998
Copyright
MALAYSIAN Digital
(Amendment) Act
CYBER LAWS Signature Act 1997
1997
Electronic
Electronic Personal Data
Government
Commerce Act Protection Act
Activities Act
2006 2010
2007
Cyber Law
The need for cyber laws:
Existing laws do not always

sufficiently cover new multimedia
applications
Uncertainty about legal framework

stifles development of business and
hinders the development of Malaysia
as a knowledge-based society and
knowledge-based economy
Existing Cyber Purpose
Laws
Computer Crimes Act Covers offences relating to misuse of
1997 (01/06/2000) computers
Copyright (Amendment) The Copyright (Amendment) Act 1997,
Act 1997 which amended the Copyright Act 1987,
came into force on the 1st of April 1999, to
make unauthorised transmission of
copyright works over the Internet an
infringement of copyright.
Telemedicine Act 1997 Facilitates the practice of
(Not in force yet) Telemedicine
Digital Signature Regulates the use of digital signatures
Act 1997 and provide its legal status for
electronic transactions
(01/10/1998)
Communications & Regulates and facilitates the
Multimedia Act 1998 development of converging
(01/04/1999) communications and multimedia
industry.
Existing Cyber Purpose
Laws
Electronic Commerce Act Recognise the validity of electronic
2006 contracts and signatures
Electronic Government Provide for legal recognition of
Activities Act 2007 electronic messages in dealings
between the Government and the
public
Personal Data Protection Act Regulate all individuals and
(PDPA) 2010 organisations who process personal
https://www.pdp.gov.my/jpdpv2/ data in commercial transactions
Penal Code An Act relating to criminal offences
Anti-Fake News (Repeal) Act The Anti-Fake News Act 2018 [Act 803]
2020 is repealed
Cyber Law
• Benefits of enacting cyber laws:

– Business can operate within framework that specifies
the legal status of digital transactions and property
rights and minimize conflict
– Consumer obtain protection against new types of
infringements of their consumer and privacy rights,
and thus build the necessary trust to use new
applications
– Government can maintain the necessary amount of
control over “cyberspace” to ensure that public
interest objectives are met and that cyber crime is
minimized.
Cyber Law
• Challenges against various types of computer

crime
• Need to be substantially updated
• Cross-border state cyber operations have
resulted in governments and/or organisations
debating on how such cyber operations should
be dealt with on a national, global and
international level
Privacy
• Key concern of Internet users

• Top reason why non-users still avoid the Internet
• Definition of privacy
– “The right to be left alone—the most comprehensive
of rights, and the right most valued by a free people”
• Information privacy is a combination of:
– Communications privacy
• Ability to communicate with others without being monitored by
other persons or organizations
– Data privacy
• Ability to limit access to one’s personal data by other
individuals and organizations in order to exercise a
substantial degree of control over that data and its use
Privacy Issues
Identity theft
Threats to privacy, privacy for sale
Aggregation and data mining
Poor security system (failure to exercise due
diligence)
Government threats
Computer use
Societal goal
Corporate rights and private business
Workplace monitoring
Personal Data
• Any data which can identify a person
• Two categories of personal data:
– Personal data:
name, address, telephone number, e-mail,
gender, date of birth, photos, videos, etc.
– Sensitive personal data:
Physical health/condition, mental
health/condition, political views, religious/other
similar beliefs, criminal records, any other
information deemed to be sensitive personal
data
Personal Data Protection Act 2010 (PDPA)
• All personal data must be processed in

accordance with the principles set out in
the PDPA
• Sensitive personal data can only be
processed if explicit consent is given under
Section 40 PDPA
PDPA - Processing Personal Data
• Processing includes any form of dealing

with personal data
– Collecting data using a form, telephone, or
web
– Publish data
– Sell data
– Record data
– Delete data, etc.
PDPA - Principles
• Seven principles under PDPA:
– General principle
– Notice and choice principle
– Disclosure principle
– Security principle
– Retention principle
– Data integrity principle
– Access principle
• Companies processing personal data must register
as a data user; registration must be renewed on an
annual basis.
BSA Policy
• Covered in Lecture 4 – Intellectual

Property II
• https://www.bsa.org/policy-issues
BSA Policy
Image from
https://www.bsa.org/policy-issues

Employment Information Act
• An Act to facilitate the collection of information

regarding the terms of service and conditions of work of
employed persons.
• The authorized officer (Secretary General of Ministry of
Human Resources) and an officer authorized by him
may require employers to give certain information as to
the number of employees currently employed by him,
terms of contract entered between the two, hours of
work, holidays, leave, rest period, nature of work
performed, wage structure, qualification required for
each occupation, etc.

Employment Information Act
• Authorizedofficer may enter premises to make

enquiries.
• Section 6: Any employer who fails to deliver a written
statement to the authorized officer shall on conviction
be liable to a fine of RM 2,000.00 and in addition to a
fine of RM100.00 in respect of every day during which
such offence shall continue.
• http://www.agc.gov.my/agcportal/uploads/files/Publicatio
ns/LOM/EN/Act%20159.pdf

End of Lecture

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TPT1101

• Protecting Programs and Data

Copyright © 2013 Pearson Education, Inc. Publishing as Pearson Addison-Wesley/Edited by ZCE

Know what protection the law provides for

Appreciate laws that protect the rights of

Understand existing laws as a basis for

Copyright © 2013 Pearson Education, Inc. Publishing as Pearson Addison-Wesley/Edited by ZCE/NH

• Copyright (covered in Lecture 3 – Intellectual Property I)

• Patent (covered in Lecture 3 – Intellectual Property I)

Copyright © 2013 Pearson Education, Inc. Publishing as Pearson Addison-Wesley/Edited by ZCE

• Hardware can be patented

Copyright © 2013 Pearson Education, Inc. Publishing as Pearson Addison-Wesley/Edited by ZCE

Information is not depletable

Information can be replicated

Information has a minimal marginal cost

Value of information is often time dependent

Information is often transferred intangibly

Copyright © 2013 Pearson Education, Inc. Publishing as Pearson Addison-Wesley/Edited by ZCE/NH

Copyright © 2013 Pearson Education, Inc. Publishing as Pearson Addison-Wesley/Edited by ZCE

Malaysia’s strategy for moving into the Information

“…REFERS TO ALL THE LEGAL AND

Copyright © 2013 Pearson Education, Inc. Publishing as Pearson Addison-Wesley/Edited by ZCE

Spirit of cyber laws?

• Laws and policies are designed to promote

Purpose of cyber laws?

• Cyber laws provide a legal framework for

The need for cyber laws:

Existing laws do not always

Uncertainty about legal framework

Penal Code An Act relating to criminal offences

• Benefits of enacting cyber laws:

• Challenges against various types of computer

• Key concern of Internet users

• All personal data must be processed in

• Processing includes any form of dealing

• Covered in Lecture 4 – Intellectual

Copyright © 2013 Pearson Education, Inc. Publishing as Pearson Addison-Wesley/Edited by ZCE

• An Act to facilitate the collection of information

Copyright © 2013 Pearson Education, Inc. Publishing as Pearson Addison-Wesley/Edited by ZCE

• Authorizedofficer may enter premises to make

Copyright © 2013 Pearson Education, Inc. Publishing as Pearson Addison-Wesley/Edited by ZCE

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