Penang 'SMS blast' well within Data Protection Act

As reported in Malaysiakini by Susan Loone

Penang 'SMS blast' well within Data Protection Act

Gerakan Youth is not impressed with the Penang government's move to send out ‘SMS blasts’ for instant communication with citizens.


In a tweet, Youth chief Tan Keng Liang (left) suggested that Chief Minister Lim Guan Eng may not have realised the existence of the Personal Data Protection Act, which protects the privacy of mobile phone users.

‘Don't pass Penangites HP (handphone) numbers to 3rd party w/o (without) owner consent. Stop #DAPspam,’ tweeted Tan, a lawyer by profession.

But does the ‘SMS blast’ constitute invasion of privacy?

"The Personal Data Protection Act is to regulate commercial activity by, for instance, banks and communications companies, so that they do not release personal data to third parties," explained Wong Hon Wai, who heads the Penang state assembly’s Backbenchers Club.

"According to the preamble, the law is only to control commercial activity. Section 3 of the Act states that it doesn't cover the state or federal government. From the legal aspect, the state government can send (text-messages without) any legal implications.”

Wong (right), also a lawyer, was responding to criticism of the state government's deal signed with mobile operator XOX Bhd on Feb 12 to send out 2.27 million text-messages a year.

Lim said the state would be saving RM180,000 as XOX is not charging the Penang government for the service, as this is part of its corporate social responsibility programmes.

Wong said the company will abide by the law and that it cannot use the data provided by the state government for commercial purposes.

He also said all governments gather personal data through various methods, giving the example of the New York City Office of Emergency Management which disseminates useful and urgent information via text-message.

Whenever natural disasters happen or if there is disruption of water or electricity supply or problems with road conditions, the authorities can send a SMS to inform citizens, Wong explained.

‘Worry will be addressed’

Wong said the state government had previously sent festive greetings via text-message to Penangites, but noted that the focus should be on more useful information.

As examples, he cited situations such as low water levels in dams during the dry season or the closure the Penang Hill train station for maintenance work.

Wong said SMS is still the most common communications tool for most people, given that they would need smartphones to access messages via Facebook and Twitter.

He said the state government is aware of the people's worry that the service, although free of charge now, may involvement payment when the year is up.

"I believe the state government will see (to this). After all, technology normally lasts only for three to five years. There may be new and more effective technology available in the future," he added.