Source - http://belia.org.my/index.php?option=com_content&task=view&id=505&Itemid=43
Newspaper - Utusan
Date - Friday, 27 May 2009

Air, elektrik institusi kebajikan patut percuma

KUALA LUMPUR 27 Mei - Institusi-institusi kebajikan yang diuruskan oleh pertubuhan bukan kerajaan (NGO) di negara ini sepatutnya diberi kemudahan bekalan air dan elektrik secara percuma.

Presiden Persatuan Perlindungan Pengguna Malaysia (PPPM), Datuk Mohd. Firdaus Abdullah berkata, kemudahan seumpama itu akan meringankan beban kewangan NGO yang mengendalikan institusi-institusi kebajikan di negara ini.

''Syarikat terbabit patut sedar bahawa membantu pusat-pusat kebajikan adalah tugas bersama.
''Membekalkan air dan elektrik secara percuma adalah tanggungjawab sosial syarikat-syarikat berkaitan,'' katanya kepada Utusan Malaysia di sini hari ini.

Beliau mengulas laporan Utusan Malaysia hari ini mengenai masalah kewangan Pusat Jagaan Harian Warga Emas (PJHWE) Cheras Baru gara-gara kelewatan Jabatan Kebajikan Masyarakat (JKM) menghulurkan bantuan kewangan kepada pusat tersebut.

Bantuan kewangan berjumlah RM33,000 setahun masih belum diterima oleh PJHWE tersebut sehingga hari ini.

Kelewatan tersebut menyebabkan pengurusan PJHWE berdepan dengan amaran pemotongan bekalan air dan elektrik kerana gagal menjelaskan bil-bil tertunggak.

Penyelaras PJHWE, Datuk Nordin Ibrahim berkata, jumlah bil air yang perlu dibayar adalah RM2,740.42 manakala tunggakan bil elektrik pula RM611.02 sen.

Mengulas lanjut isu tersebut, Mohd. Firdaus berkata, sumbangan syarikat-syarikat korporat akan menjadi rangsangan kepada NGO untuk terus berbakti membantu golongan yang memerlukan.

''Lagi pun syarikat terbabit boleh mendapat pengecualian cukai jika menyumbang kepada institusi kebajikan,'' jelasnya.

Sementara itu, Presiden Majlis Belia Malaysia (MBM), Datuk Shamsul Anuar Nasarah juga berpendapat institusi kebajikan di negara ini sewajarnya menikmati bekalan air dan elektrik secara percuma.

Katanya, sepatutnya tidak ada masalah untuk membekalkan kemudahan asas itu kerana syarikat-syarikat tersebut mengaut untung berjuta-juta ringgit setahun.

''Membantu rumah-rumah kebajikan bukan tanggungjawab kerajaan semata-mata tetapi juga pihak swasta.

''Jika langkah itu dilaksanakan nasib golongan yang daif dan melarat di negara ini akan lebih terbela,'' katanya.

Seminar Standard & Kepenggunaan 2009

Membership based services

Online source - http://nccc.org.my/index.php?option=com_frontpage&Itemid=1
Issued by - Pusat Khidmat Pengguna Nasional (NCCC)
Date - 6/05/2009

Do you really need to sign-up for long term agreement?

Fitness centres
Yoga centres
Slimming packages
Cosmetic treatment

Hair-care treatment"Memberships" costing thousands of ringgit are charged to your credit card with all kind of sweet deals but ends with a heavy burden to many!

If you are moving because of job relocation, you are not allowed to terminate. Do you believe, termination only possible upon your death?

Please think before you charge to your credit card.

Source - NCCC Annual report 2007
Prepared By - National Consumer Complaints Centre (NCCC)
Page/s- 11 and 12

STATISTICS ON CONSUMER COMPLAINTS 2007

Source - THE STAR ONLINE
WebLink - http://www.thestar.com.my/news/story.asp?file=/2009/5/4/nation/3802164&sec=nation
Date - Monday, 4.5.2009

Claims against job agencies top list

KUALA LUMPUR : Claims against employment agencies in Kuala Lumpur and Selangor have topped the list of cases filed with the Tribunal for Consumer Claims this year.

Tribunal chairman Rungit Singh said while a total of 202 cases were filed against such agencies last year, 156 claims had already been filed against several in the first quarter of this year alone in the capital.

“Cases against employment agencies was ranked fourth last year,” he said in an interview.

There was at least one case against an employment agency in the list for every tribunal sitting here this year, he added.

Rungit also noted that neither the owners nor representatives of employment agencies had turned up at the tribunal here to date, leaving him to give judgment-in-default awards to the claimants.

“However, the companies comply with the order to refund the deposit or registration fees to the claimants.

“We have yet to receive notice of any non-compliance by employment agencies so far,” he said.

He added that the claimants, who were generally seeking jobs as data entry clerks or working in office operations and with computer processors, paid between RM150 and RM200 when they registered with the employment agencies.

However, they ended up filing claims with the tribunal after the agencies were unable to get them any job offers within the stipulated time frame, said Rungit

Pushing for a Privacy Act as it would cover data protection matters

Source - THE STAR ONLINE
WebLink - http://thestar.com.my/news/story.asp?file=/2009/5/3/focus/3820302&sec=focus
Date - Sunday, 3.5.2009

Little protection under the law

MALAYSIA does not have a specific act of law dealing with data protection issues, although a draft version of the Data Protection Bill was released in November 2002.

The Bill never became law for reasons unspecified. The only legal protection Malaysians have is in piecemeal form, in acts such as the Banking and Financial Institutions Act 1989 and the Digital Signature Act 1997.

A good guide for an effective law is the European Union (EU) Data Protection Directive (95/46/EC), which outlines the crucial principles for a comprehensive data protection regime.

Sonya Liew from the human rights committee, Malaysian Bar Council, says: “We have a hotchpotch of legislation, but it does not provide for a holistic regime of data protection. We do not have one act which covers all aspects of data protection.”

“If protection can only be found in piecemeal legislation, how adequate is that?” asks Prof Datuk Khaw Lake Tee, deputy vice-chancellor (development), Universiti Malaya.

In cases where an unscrupulous employee of a financial institution sells data to a collector, what prevents him from selling the information to a third party?

Says Liew, “It is not even illegal; it doesn’t fall under the Bafia, so he gets off scot-free.”

Khaw says that it is possible to look to the common law principle of confidential information for redress.

“If information is disclosed to me in confidence, and I then divulge it to a third party, then I am in breach of confidence. The party receiving the information is also tied up in confidence if he is aware it is supposed to be so,” she explains.

However, Khaw points out that the information must be confidential and asks, “Is a phone number and address considered confidential? Only if it is stored for a specific purpose, and it is used otherwise.”

Says Liew, “Nobody has tried this approach in the (local) courts before and we are inviting judges to be creative if these cases some to court.”

Apart from databases in industries covered by relevant acts, the rest are vulnerable. Liew says that standards of data protection vary from company to company.

“It depends on the standard operating procedure which the company has in the management of its data. In a good data protection regime, all avenues and ways of managing data must be addressed, especially its standard operating procedures, and Malaysia does not have a standard,” she says.

It is possible that certain EU standards can be indirectly imposed on Malaysian companies.
“For example, if I want to do business with an EU company and process data as part of the contract, I am supposed to have a data protection regime that is adequate in the eyes of the directive.

“It is stated in the contract, and as far as EU data is concerned, they are entitled to the full protection. So why is the Malaysian Government not giving us the same standard?” says Liew.

She adds that in order to have a proper data protection regime in Malaysia, much needs to be done.

“Firstly, we are asking for an amendment to the Constitution to enshrine the right to privacy. It is silent on this matter but does that mean we are exempt from it?”

She explains that under human rights principles, everyone has a right to privacy, which is stated in the Universal Declaration of Human Rights (UDHR).

Malaysia has yet to ratify the principal covenants of the UDHR, which is required as a member of the United Nations.

“We are also pushing for a Privacy Act,” she says, as it would cover data protection matters.
Khaw says, “Privacy is a much broader concept than data protection.”

In an article titled “Towards a personal data protection regime” published in the Journal of Malaysian and Comparative Law Malaysia in 2002, she wrote, “Although its ramifications and effects are far-reaching, it should be emphasised that the Bill does not attempt to prohibit the collection, holding or processing or use of personal data; nor does it deal with access to any information collected.

“The proposed law is not a law relating to privacy, as traditionally understood, or freedom of information. Rather, it requires the person collecting, processing, holding and using personal data collected by him to comply with certain prescribed principles.”

But there are major issues to be looked at before the Bill can become law.

“There is the issue of whether the proposed law should also apply to the Government, including state and local governments, and statutory bodies, or should be restricted to the private sector only.

“The Government, through its various registration, tax and other agencies, is one of the largest collectors and custodians of personal data in the country. As such, to exclude it from the ambit of a personal data law would be to deny the underlying objectives of such a law.

“Processes, education, change management and procedures will have to be put in place to ensure compliance with it, which in all likelihood will involve considerable costs, time and resources,” wrote Khaw.

Says Liew, “There are many organisations and entities which will want to stop it. As long as they have to spend money, they will oppose it. Consumers will want protection, but data collectors will not.”

Abuse and Unauthorised Sale of Customer Databases

Source - THE STAR ONLINE
WebLink - http://thestar.com.my/news/story.asp?file=/2009/5/3/focus/3818877&sec=focus
Date - Sunday, 3.5.2009

Beware, your data’s on sale

Stories by JOSEPH LOH and RASHVINJEET S. BEDI

Malaysians are used to receiving unsolicited phone calls, text messages or e-mails offering services or products for sale. One reason for this is the abuse and unauthorised sale of customer databases.

IT was an innocuous looking advertisement in a local daily but it offered a specialised service much sought after by those in need of data of prospective clients.

What was on sale through the ad was a databank of more than one million “updated handphone and e-mail listings”, going at a fee of 1,000 names for RM100.

Sunday Star managed to acquire a list of 1,000 contacts for veracity of the claim and all it took was a phone call to one of the two names posted in the ad.

This list contains the client’s name, area of residence, handphone number, type of credit card (classic, gold or platinum) and the bank which issued it and, in some cases, even the place of work.

The seller claims he has one million contacts in total, and for certain entries, he has the identity card numbers, position in the company and birthdays. If requested, the database can be tailored to the buyers’ needs.

When asked how he got the contact numbers, he claims he got it from some local banks but did not specify how he obtained them.

Other sources of the data include telecommunication companies (telcos), and some unspecified membership lists.

A check on the Internet revealed several companies offering the same data-for-sale service.

Worryingly apathetic

Sunday Star made calls to several people on the list to verify its authenticity and also to gauge their level of concern about the matter.

Tan* says it is upsetting to know his details are being bandied about.

“I assume that the banks gave out my number. But what can they (database collectors) do with just your number?” says Tan, who adds that he often gets messages promoting spas and holidays.

Wong* says he is not in the least bit surprised. “Everyone has received calls from unknown people trying to sell them something. You’re not telling me anything new, and this has been going on for years and years.”

Rajesh*, on the other hand, was completely indifferent to the fact. “So what if you have my contact number? It is just a nuisance, and I can just hang up the phone.”

A few did voice some concern.

Seng Leong* was aghast that the entry on him disclosed his place of work and type of credit card was being sold.

“You mean you only paid RM100 for the list? How could you possibly know all those details? This is supposed to be between me and the bank, and you should not know all that,” he says, and worries if more of his particulars are in another database for sale.

Likewise, Jacky* is concerned, but asks, “What can they actually do with the data? I suppose it can potentially be used as the basis for identity theft,” she says, adding that the Government should address the issue immediately.

Data easily available

Businessman Ganesh* admits to purchasing the database of members to an exclusive club. As it was considered high-end data, he paid RM3 for every entry.

“All these names had Tan Sri and Datuk honoraries. Many in the list were public figures,” he says, adding that he bought the data from someone within the company. “The best way to get it is through the administration or human resource staff.”

He explains that complete data would be those with full names, addresses and two phone numbers. According to Ganesh, this kind of information will always be in the hands of telemarketers.

“They operate on a project to project basis. It would be hard to detect them. There is a machine where you can export the database and send messages by batches,” he says.

Ganesh says he was in turn able to re-sell the data for RM4 each. “There will always be someone who will buy this kind of information.”

The chief executive of the National Con­sumer Complaints (NCCC) Centre Muhammad Shaani Abdullah was shocked when told that Sunday Star managed to purchase the list of names.

“This is the first time I am hearing of such a thing. I wonder what the authorities are doing about it. If someone makes a higher offer, what is there to prevent other vital information such as credit card numbers from being obtained?” he says.

Jelutong MP Jeff Ooi believes his own data was leaked and he himself was offered databases in the run-up to the 2008 General Election.

Ooi says the databases from credit card companies could be useful to businesses as they could indicate purchasing patterns of a particular person. He says that housing developers who sold high-end products could make cold calls to these individuals.

“Even if they get a response of 5% to 7%, it is considered to be a good return,” he says.

Of his personal experience, Ooi claims that a bank leaked out his details.

“I used a particular name and address for a certain credit card. Suddenly, I got six different invitations (to this name) to subscribe to different magazines,” says Ooi, who subsequently discontinued his service with the bank.

He stresses the need for legislation on private data protection. “Before, everything was on paper but now, everything is stored on servers. This data can be transmitted in a matter of seconds,” he says.

Building databases

Sometimes an individual gives his details away willingly or unwittingly when filling up contest forms or promotional material. A Maxis spokesperson advises all mobile users to be cautious about revealing their mobile numbers.

“Where possible, customers should always opt not to reveal their mobile phone numbers and other personal information like identity card numbers and addresses.

“If a company makes it mandatory for you to submit your mobile number, that company should also give you a clear option to state that you do not want your number or any other contact details to be used by any party to market their services to you,” he says.

According to Suresh*, who works in a marketing communications company, there are many ways to obtain customer databases. Sometimes, it is exceedingly easy to get.

“We can walk up to individuals and offer them a free sample, and all they have to do is fill in a form. There are many who will sign up,” he says, adding that there is no telling where the collected information ends up.

Other accessible sources are the phone book, trade directories and the Internet.

“A trade directory will contain the name of the person-in-charge and that person would be a good sales prospect. Via the Net, you can go to a large company’s website and get a list of the top people there. There is a lot of information available in the public domain,” he says, but admits that there are questionable ways of obtaining it, even from companies that are supposed to keep data confidential.

“It can come from an individual who keys in the details – most of the time, that is the only way to get the info,” he says,

However, Suresh stresses that as a matter of principle, his company adheres to a code of conduct of sorts, and does not purchase “illegal” databases.

“If we want to use a telco’s database, we approach the company and pay them to send out text messages or to include a brochure with their monthly bills. Who they send it to is not known to us,” he says.

Internal security

Banks regard the leaking of information as a very serious offence. Those caught for this offence could be subjected to the charge or punishment as determined under Section 97 of the Banking and Financial Institutions Act 1989 (Bafia).

“All our staff and approved outsourcing agents are required to execute a confidentiality undertaking that they are not to disclose any customer information, as clearly bound by the staff handbook and agency agreement, as well as adherence to the provision of secrecy under Section 97 of Bafia,” says Public Bank chief operating officer Wong Jee Seng.

A Hong Leong Bank statement says it has established controls and security systems to ensure that customer information is kept confidential at all times.

“Prior customer written consent is required for any exception to this obligation. The bank does not condone the practice of selling customer information to third parties,” it says.

Chuah Mei Lin, the Association of Banks in Malaysia (ABM) executive director, says: “ABM affirms that its member banks treat customer information with the greatest of confidentiality and will not ‘sell’ information or use the same indiscriminately outside the confines of the banker-customer relationship,” she says.

She adds that there are well-established laws and regulations as well as internal policies on confidentiality and information security which banks strictly abide by.

Chuah also says banks will not hesitate to take relevant disciplinary action and report employees who breach such laws, regulations and policies.

However, there are instances where the banks or companies within its group will send out promotional materials.

“Customers will be informed by companies within a bank’s group soliciting for business on the basis of the bank’s database, such as insurance or unit trust companies, that the solicitation is made on behalf of the bank.

“Members of the public are encouraged to contact the Association via its ABMConnect in respect of any suspected breach of confidentiality on the part of its member banks,” Chuah says.

Telcos are not allowed to give out personal data of their clients to any third party in accordance with the General Code of Practice for the Commission and Multimedia Industry Malaysia and provisions of Communications and Multimedia Act 1998.

Exceptions to the rule are authorised requests from law enforcement agencies such as the police, the courts and also the Malay­sian Communication and Multimedia Com­mission (SKMM).

A Maxis spokesperson says the company has extensive control measures and procedures that include very controlled and restricted access to customer information.

“All Maxis employees are cognizant of the severe consequences of breaching the company’s strict rules about keeping our customers’ information confidential,” says the spokesperson.

Similarly, Celcom says it adheres to its Protection of Consumer Information Policy (PCIP) to safeguard its customers’ personal data.

“In the event of any leakage of customers’ information, a thorough investigation will be conducted when an official complaint is made. We will not hesitate to initiate legal action if we uncover evidence of such wrongdoings,” says its CEO Datuk Seri Shazalli Ramly.

* Names have been changed.

> ABMConnect (Tel: 1-300-88-9980)

A Data Protection Act and a Privacy Act have to be enacted

Source - THE STAR ONLINE
WebLink - http://thestar.com.my/news/story.asp?file=/2009/5/3/nation/3822236&sec=nation
Date - Sunday, 3.5.2009

Your personal details can be bought for just 10 sen

By JOSEPH LOH and RASHVINJEET S. BEDI

KUALA LUMPUR: For a mere 10 sen, your personal data are being sold to unauthorised bodies. A list of 1,000 entries containing names, handphone numbers, type of credit card owned and issuing banks, and place of work costs only RM100.

If you regularly receive unsolicited sales calls, messages or e-mails, then in all likelihood, your data have been collected and sold to third parties.

With such baseline information in the hands of the unscrupulous, more particulars could easily be gathered and your identity stolen – for transactions and the purchase of goods or services without your knowledge.

A list obtained by Sunday Star linked individuals to credit cards although banks regard the leaking of information as a very serious offence.

Those caught for this offence could be subjected to punishment under Section 97 of the Banking and Financial Institutions Act.

Association of Banks in Malaysia executive director Chuah Mei Lin said that member banks treated customer information with the greatest of confidentiality and would not sell or use information indiscriminately outside the confines of the banker-customer relationship.

“Banks will also not hesitate to take disciplinary action and to report employees who breach laws, regulations and policies,” said Chuah.

The fact is any database is vulnerable – from loyalty cards and telecommunications companies to housing developers to members-only clubs – and there will be a demand for it as it represents a list of potential customers.

An entry from a database of an exclusive club comprising Datuks and Tan Sris, for example, could fetch RM3 each and resold for RM4.

National Consumer Complaints Centre chief executive Muhammad Shaani Abdullah said this was a dangerous development.

“What are the authorities doing about this? If someone makes a higher offer, what is there to prevent other vital information such as credit card numbers from being obtained?” he said.

Currently, telecommunications companies are not allowed to give out personal data of their clients to any third party under the General Code of Practice for the Commission and Multimedia Industry Malaysia and provisions of Communications and Multimedia Act.

Celcom said it adhered to its Protection of Consumer Information Policy to safeguard its customers’ personal data.

“In the event of any leakage of customers’ information and upon receiving an official complaint, a thorough investigation will be conducted.

“We will not hesitate to initiate legal action if we uncover evidence of such wrongdoing,” said its CEO Datuk Seri Shazalli Ramly.

What is clear is that piecemeal law must be replaced by comprehensive data protection legislation in Malaysia.

A Data Protection Act and a Privacy Act have to be enacted as well as an amendment to the Constitution enshrining the right to privacy.

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WILAYAH PERSEKUTUAN - NEWS

Sabah - News

Source - The Star Online
Date - Monday, 4.5.2009
WebLink - http://www.thestar.com.my/news/story.asp?file=/2009/5/4/nation/3828562&sec=nation

Group: Check ‘fishing with pesticides’ claim

KOTA KINABALU: The Sabah Consumers Association wants the state government to check into an allegation that pesticides are used to harvest lobsters in Sungai Mangalong, Sipitang.

Its president Datuk Patrick Sindu said such an act not only killed the lobsters and fishes, but was also hazardous to human life.

“Prior to this, there have been reports on the use of fish bombs at sea and fish poison in rivers, but the use of pesticides in rivers, which supply water to treatment plants, is something that must be looked into seriously.

He was responding to a picture story on the matter, published in a local newspaper here yesterday. — Bernama