Doctors ask to be exempted from Data Protection Act

The Malaysian Medical Association (MMA) argued that the Act “appears redundant” as doctors were already strictly regulated by the Malaysian Medical Council (MCC) on the confidentiality on patient information and details.

“Doctors have always been guided by the Hippocratic Oath since the birth of modern medicine. Doctors have now to face this additional burden of having to sign as a registered Data User,” said MMA president Datuk Dr NKS Tharmaseelan in a letter sent to the Prime Minister, the Health Minister and the Commissioner of Personal Data Protection (PDP).

He added, in the letter dated February 10, that doctors only found out about the requirement to register under the PDPA recently.

“The Commissioner of the Personal Data Protection department did not send out any circular whatsoever to inform doctors about this registration exercise and any time, and it came as a surprise when one of us happened to come across it, just two days ago,” said Tharmaseelan.

Doctors have been given until Saturday, February 15 to register or be slapped with a fine of RM500,000 or three years in jail. This, argued Tharmaseelan, was too short a time to comply with.

“The private clinics do not do sales and marketing with the details and data of the patients. It is strictly for non-commercial use. It is solely used as records for future review and follow up during patient care,” he added.

Under the Act, 11 sectors are mandated to be registered as ‘data users’ and doctors are required to be registered under the health sector.

On November 15 last year, the Act was officially enforced with the appointment of PDP Commissioner, Abu Hassan Ismail who is accountable to the Communication and Multimedia Minister.

The PDPA will help regulate the processing of the personal data of an individual who is involved in commercial transactions. It aims to provide protection to the individual's personal data and thereby protect the interest of the individual concerned.

Among the enforcement mechanisms and power granted by the PDPA to the Commissioner, is the right to enter premises and seize equipment without a warrant for the purposes of investigating offences, and the power to arrest and recommend for prosecution.