Lawyers for Liberty raises alarm over ‘loophole’ in Padu system

Group emphasises potential data security risks, citing previous instances in which govt misused citizens' personal data

1:46 PM MYT

 

KUALA LUMPUR – Legal rights advocacy group Lawyers for Liberty has echoed the sentiments of former deputy investment, trade, and industry minister Ong Kian Ming by calling for the suspension of the Central Database Hub (Padu).

The director, Zaid Malek, concedes that the system does have a “loophole” as it was launched before the finalisation of any amendments to the Personal Data Protection Act (PDPA) 2010.

He highlighted that there have been cases previously in which the government misused citizens’ personal data to spread propaganda through text messaging before the implementation of a centralised database storage system.

“It would be a massive betrayal of trust if data collected from the public were used by the government for any political purposes.

“Furthermore, with the data collected being centralised on a single platform, the security of the data must be made a priority.

“Unfortunately, the government has a bad track record of data protection where there are numerous reports of data being stolen from multiple government agencies, exposing users to scams and data fraud with no legal recourse as the government is exempted from liability under the PDPA, which puts the public in a terrible disadvantage and danger of loss and damage,” he said in a statement today.

Zaid went on to say that the government’s verbal assurances that the data collected under Padu will not be misused or will be protected are insufficient.

“Therefore, there is a need for an immediate amendment to the PDPA to place responsibility and liability on the government and the agencies responsible for the protection and security of the data collected,” he added. 

Deputy Communications Minister Teo Nie Ching said on October 12 last year that the amendment to PDPA is in its final stage. It is expected to be tabled in Dewan Rakyat this year.

Zaid said the launch of Padu was also done before the tabling of the omnibus bill, which was supposed to allow sharing of data between all government agencies.

Economy Minister Rafizi Ramli was previously reported as saying that the act is necessary as the Padu system is an integrated data gathering system that is easier to manage compared to existing data gathering systems.

“Whether there is an omnibus bill or not, the amendments to the PDPA must be done first.

“There must also be a system in place to channel public inquiries so that users affected by data breaches are informed and can take the necessary action against those responsible.

“Without amendments to the PDPA, the public can’t be assured that their data will be protected from misuse by the government, scammers, or unscrupulous individuals who will undoubtedly target the massive database.

“This form of criminality has become alarmingly increasing now and has taken on a regional dimension. It is perplexing that the government has chosen to proceed without first addressing the legal framework, akin to ‘putting the cart before the horse’,” he said.

He added that any exemption from liability is unacceptable and will only show the lack of confidence by the government in its own platform and its ability to protect the collected public data from misuse or theft.

Ong yesterday called on the government to suspend the Padu registration process until concerns over security issues are resolved.

Cybersecurity experts also told Scoop that the onus has now fallen on the government agencies and ministries behind Padu to prioritise building public confidence in the system.

Padu, which was launched on Tuesday, is a comprehensive government system containing profiles of individuals and households, encompassing citizens and permanent residents in the country.

The system is intended to serve as the primary reference for structuring and implementing programmes or policies aimed at promoting the well-being of the people, as well as to ensure subsidies go to the targeted groups. – January 4, 2024

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