Predictions from data analytics: Does Malaysian data protection law apply?

Abstract

ABSTRACT As data analytics become prevalent in industries in Malaysia to draw predictions about individuals’ habits and behaviour, it is important that certainty exists about the legal status of predictions vis-à-vis data protection law. The predictions can be privacy-intrusive and threaten individuals’ autonomy, although this may not always be so. The Malaysian Personal Data Protection Act 2010 is silent on the legal status of predictions. This paper examines whether the Malaysian Parliament should extend the Act to provide control to individuals over predictions about themselves. In doing so, the paper explores the position in the EU, Japan, Australia and the USA. The finding is that in those jurisdictions, predictions are within the remit of data protection law. It is argued that this is an over-generalisation and is inconsonant with commercial realities. The author advocates that a different approach be adopted to achieve a balance between individuals’ interest to control their data and commercial needs to use predictions without undue hindrance.