Role And Independence Of The Malaysian Anti-Corruption Commission

SAHAIN NADA PUTHUCHEARY

Sahain Nada Puthucheary

Pupil
Kuala Lumpur

The Malaysian Anti-Corruption Commission (“MACC”) was established under the MACC Act 2009 with the objective of promoting integrity and accountability of the public and private sector administration.

Today, the MACC and its officers serve to receive and investigate reports regarding corruption offences, among a list of other duties. The MACC also functions to examine the practices of public bodies with a view of allowing the discovery of corruption offences and to revise any practices that may be conducive to corruption.

In short, the MACC is tasked to combat and prevent corruption in Malaysia.

There has been much debate on the independence of the MACC and for years there have been demands for the MACC to be empowered as an independent enforcement agency. Such calls have only been become more prominent given the spotlight on the MACC in the past weeks. Currently, MACC is considered an agency under the Prime Minister’s Office.

Independence should also be considered in the context of the operations of an enforcement agency. Simply put, if you were doubtful of the independence of an agency, its officers and its operations, would you make a report to the same agency?

Considering the nature of corruption offences and the MACC’s role, public trust in the commission is essential in ensuring the fight against corruption is effective. The nature of enforcing anti-corruption laws is based on public trust and belief that the enforcers are held to the highest standard of conduct.

A blemish on the integrity and independence of the enforcement agency tasked with combatting corruption seriously deprives itself of public trust. As can be seen in the past weeks, such a blemish leads to public distrust and a sentiment that corruption has truly seeped into the most unlikely parts of our society, which highlights the underlying expectation of independence to which the MACC is held.

Surely, the independence of the MACC and its officers would only complement their objectives, duties and powers in combating corruption. All efforts should made to further (and never to hamper) that cause.

About the Author

Sahain is currently pursuing his pupillage at NKPT under the tutelage Mr. Joachim Xavier. He graduated with Honours from the National University of Malaysia. Sahain believes that the legal fraternity plays an integral part in the operation of the rule of law in Malaysia and is keen to utilise his legal education towards the betterment of society and the country.

Disclaimer: This post is not intended as a solicitation, is not legal advice, and is not a substitute for obtaining legal advice. You should not act upon any such information without first seeking qualified professional counsel on your specific matter

GDPR

  • PERSONAL DATA PROTECTION NOTICE

PERSONAL DATA PROTECTION NOTICE

NADZARIN KUOK PUTHUCHEARY & TAN
ADVOCATES & SOLICITORS
PERSONAL DATA PROTECTION NOTICE

(pursuant to section 7 of Personal Data Protection Act 2010)

Nadzarin Kuok Puthucheary & Tan, Advocates & Solicitors (“NKPT”) is committed to protect your personal data and takes into consideration your rights in regards to collection, use and storage of your personal data. We treat the protection of your personal data as a high priority matter.

1.             COLLECTION OF PERSONAL DATA

NKPT collects and processes your Personal Data (including Sensitive Personal Data) and other information (collectively, “Personal Data”) in order to provide you our legal services (collectively, “the Services”).

We may collect your personal data directly from you when you liaise with us regarding our services (via website/electronic mail/telephone conversation/walk-in meetings) and/or during the course of business or transactions with you.

Your personal data may have otherwise been provided to NKPT by an authorized third party such as your spouse, a company in which you are a director, an officer or a shareholder, or a partnership in which you are a partner for Services that these third parties have sought from NKPT or have provided to NKPT. In this context, the term “you” or “your” in this Privacy Notice extends to any individual whose personal data has been provided to NKPT and/or has been collected when you enter into any commercial transactions with NKPT.

The personal data that we collect and process may include the following:-

  • Name, company name and job title
  • Contact information including addresses, phone numbers and email addresses;
  • History and details of legal suits/proceedings/claims/actions whether past, pending or current or contingent;
  • Personal/financial information such as EA forms, date of birth, age, identity card number, monthly income, payments, income tax reference and branch and financial history; and
  • Other information relevant to the Services.

In addition, we may also collect your sensitive personal data when you engage/appoint us for the Services which require the same. Sensitive personal data refers to data relating to your physical and mental health, political opinions, and religious persuasions. If we need to collect or process your sensitive personal data, we will obtain your explicit consent.

Please note that at times we may collect personal data of non-clients from you (e.g. your spouse or guarantor) when you engage/appoint us for the Services. If you provide us with such personal data, please obtain their consent for us to process their personal data prior to providing us with their personal data.

 

2.             PROCESSING OF PERSONAL DATA

The personal data will be processed by us and/or our authorised agents for the following purposes:-

a.         to verify your identity;
b.         to communicate with you;
c.         to provide the Services to you;
d.         respond to your inquiries;
e.         for our day to day operation and administrative purposes including file management, billing and collection, audit, reporting,                         investigation etc;
f.          fulfillment of any regulatory / legal requirements / applicable laws;
g.         fulfillment of any advisory engagements and/or appointments entered into by you with NKPT;
h.         such other incidental  purposes as as may be necessary for the fulfilment of our engagement by you.

Please note that it is necessary for NKPT to process your personal data for the above purposes. If you wish to withdraw your consent for the processing of the above purposes, we will not be able to provide you with our services.

 

3.         DISCLOSURE OF PERSONAL DATA

Please also be informed that in any situation and if required while exercising the purposes specified above NKPT may disclose your personal data to the following parties:-

  1. any person/s directed by or consented to by you;
  2. any person/s required for the purposes of our legal engagement and/or legal transaction including but not limited to parties to suits, other advisors, financial institution, regulatory bodies etc;
  3. any person/s for the purposes of complying with legal and regulatory requirements;
  4. external data processors (any person/s who we may engage to process personal date on our behalf including data entry service provided, storage service provided, computer backup services, banks, financial institutions etc; and
  5. our professional advisors including tax advisors, auditors, financial management advisors, insurance brokers, legal advisors.

In certain situations, we may need to transfer your personal data to locations outside Malaysia for processing or storage in order to provide you with our services and/or any other services requested by you or to fulfil your terms of engagement with NKPT.

 

4.         RETENTION OF PERSONAL DATA

We will only retain your personal data for as long as we need to provide you with our services, to fulfil legal and regulatory requirements, and to fulfil NKPT’s internal requirements. If we no longer need your personal data for the stated reasons, we will destroy or permanently delete your personal data.

 

5.         DATA PROTECTION

We are committed to ensuring that your personal data is secured. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure your personal data that we collect from you and/or from any other sources.

 

6.         ACCESS / CORRECT / UPDATE PERSONAL DATA

We take reasonable steps to ensure that the personal data we collect from you is accurate, complete, not misleading and up-to-date. Please contact us if there are any changes to your personal data or if you believe that the personal data we have about you is inaccurate, incomplete or not up-to-date.

Under the Personal Data Protection Act 2010, you have the right to access your personal data. If you wish to request access to your personal data, please contact us via the contact details below. Depending on the information you request, we may charge a prescribed fee for your access request. We may take necessary actions to validate your identity to ensure that we are releasing data to the correct person.

 

7.         DISCLAIMER

The information you provide will dictate the accuracy and completeness of your personal data. We assume that the information that is provided by you is accurate, current and complete unless you inform us otherwise.

 

8.         CONFLICT

In the event there is any conflict between the English version and Bahasa Melayu version, the English version shall prevail.

 

9.         CONSENT

We trust that you are agreeable and consent to the continued usage and processing of your personal data for the purposes set out above. If you do not consent to the usage and processing of your personal data, please notify us in writing within 14 days of receipt of this Notice, failing which we shall assume that you have no objection to the same.

 

10.        CHANGES TO THIS PRIVACY NOTICE

We may amend this privacy notice on a periodical basis. Any material changes to this privacy notice will be announced on the website or via direct notification. Please refer to this Privacy Notice from time to time to stay informed on how your information is being processed and protected by NKPT.

 

*This Privacy Notice is last updated on: June 2014

 

11.        CONTACT DETAILS

For any inquires with regard to this Privacy Notice, requests or update of your personal data you may at any time hereafter contact the following:

Kuala Lumpur Office:
Pn Sunita Kaur or Pn. Mages at 603 6207 8986 or via email to nkptkl@nkpt.com.my

Johor Baru Office:
Puan Mimi (Litigation Dept) or Puan Mages (Conveyancing Dept) at 607-334 9288 or via email to nkptjb@nkpt.com.my or kuokputhucheary@gmail.com

Penang Office:
Ms Catherine Tan or Ms Paula Ng at 604 2278 995 or via email to nkptpg@nkpt.com.my by providing your full name and identification number for verification.

 

Thank you