Privacy
The United States vs. Malaysia
What the United States views as illegal:
- For an organization to possess and distribute personal information without permission from the individual.
- For anyone (organizations or individuals) to obtain information illegally.
- For anyone to spread false information.
- For anyone to intentionally commit slander and/or libel.
What Malaysia views as illegal (under the new bill):
- The transfer of personal information outside the country without permission.
- For anyone to hold, process or distribute personal information without notifying the individual first.
- The collection of information in any fashion that is deemed illegal.
- The processing or distribution of personal information for illegal purposes.
When comparing the two countries, there are certainly some differences, but there are also some similarities. These will be broken out, and each discussed individually.
To begin with, both the United States and Malaysia are concerned with the source and purpose of the information. Both countries have laws in place that prohibit the gathering of information in and illegal manner. Along this same line of protection, both countries have legislature in place to insure that information does not get used for illegal activities. This does not define things you cannot do with the information, only that personal information may not be used in conjunction with another illegal activity.
In addition, both countries hold organizations responsible for what they do with personal information. Organizations are responsible for notifying individuals that they have they information, and getting permission from those individuals before distributing such data.
While organizations can be held responsible in both countries, United States law only applies to them, and not to individuals. Malaysian law on the other hand, covers anyone, individual or not, that collects, maintains, processes or distributes personal information. So while this student could be prosecuted under Malaysian law, then cannot under current US law.
Lastly, the two countries seem to be taking a different approach to the digital future of personal information. Malaysia has a new bill in progress, designed to outline the appropriate and illegal uses of personal data. The United States does not appear to have an equivalent major overhaul in process. Instead the United States handles things on a more or less case-by-case basis, using the existing amendments as a basis for the decision making process.