PDPA Data User Classifications

Almost a year in since PDPA was enforced last year, we are still faced with slow adoption by many of our clients. We are still getting questions on whether they need to ‘register’ or not, and if they don’t, they assume they are exempted from the Act.

Registration and compliance are two different matters. Registration applies to the 11 categories of industries, while compliance applies to every organisation dealing with personal information for commercial purpose, including HR.

As for easier reference, the data user classifications and details, once more, as follows:

Class Description
Communications Licensees under the Communications and Multimedia Act 1998

Licensees under the Postal Act 2012

Banking and Financial Institutions Banks and investment banks licensed under the Financial Services Act 2013

Islamic banks and international Islamic banks licensed under the Islamic

Financial Services Act 2013

Development financial institutions under the Development Financial Institution Act 2002

Insurance Insurers licensed under the Financial Services Act 2013

Takaful operators and international takaful operators licensed under the

Islamic Financial Services Act 2013

Health Licensees, and holders of a certificate of registration of a private medical clinic or a private dental clinic, under the Private Healthcare Facilities and Services Act 1998

A body corporate registered under the Registration of Pharmacists Act 1951

Tourism and Hospitality Persons carrying on or operating tourism training institutions, licensed tour operators, licensed travel agents or licensed tourist guides under the Tourism Industry Act 1992

Persons carrying on or operating a registered tourist accommodation premises under the Tourism Industry Act 1992.

Transportation Malaysian Airlines (MAS), Air Asia, MAS Wings, Air Asia X, Firefly, Berjaya Air and Malindo Air
Education Private higher educational institutions registered under the Private Higher Educational Institutions Act 1996

Private schools or private educational institutions registered under the Education Act 1996

Direct Selling Licensees under the Direct Sales and Anti-Pyramid Scheme Act 1993
Services Companies or persons in a partnership carrying on businesses in connection with legal, audit, accountancy, engineering or architecture services ;

Companies or persons in a partnership conducting retail dealing and  wholesale dealing as defined under the Control Supplies Act 1961;

Companies or persons in a partnership carrying on the business of a private employment agency under the Private Employment Agencies Act 1981

Real Estate Licensed housing developers under: the Housing Development (Control and Licensing) Act 1966; the Housing Development (Control and Licensing) Enactment 1978, Sabah; and the Housing Development (Control and Licensing) Enactment 1993, Sarawak.
Utilities Tenaga Nasional Berhad, Sabah Electricity Sdn Bhd, Sarawak Electricity, Supply Corporation, SAJ Holding Sdn Bhd, Air Kelantan Sdn Bhd, LAKU Management Sdn Bhd, Perbadanan Bekalan Air Pulau Pinang Sdn Bhd, Syarikat Bekalan Air Selangor Sdn Bhd, Syarikat Air Terengganu Sdn Bhd, Syarikat Air Melaka Sdn Bhd, Syarikat Air Negeri Sembilan Sdn Bhd, Syarikat Air Darul Aman Sdn Bhd, Pengurusan Air Pahang Berhad, Lembaga Air Perak, Lembaga Air Kuching and Lembaga Air Sibu.

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