Untitled Page

Author	Assoc Prof Dr. Mahyuddin Daud
Organisation/Institution	International Islamic University of Malaysia, Ahmad Ibrahim Kulliyyah of Laws (AIKOL)
Country	MALAYSIA
Panel	Information Technology Law
Title	A LEGAL FRAMEWORK FOR PUBLIC SECTOR DATA SHARING: THE CLASH BETWEEN DATA PROTECTION, PRIVACY AND PUBLIC INTEREST
Abstract	Data sharing in the public sector is increasingly recognised as integral for the effective realisation of government initiatives, improved public services, and enhanced policymaking. In Malaysia, public sector data sharing is implemented through administrative government circulars in compliance with applicable laws. While data privacy and data protection laws generally do not prohibit data sharing, they impose essential principles that must be respected to protect individual privacy rights and ensure data security. This paper explores the legal landscape of public sector data sharing through a comprehensive content analysis of current data sharing laws, focusing on their implications and relevance for Malaysia. The legal analysis identifies best practices, key principles, and practical guidelines that can inform the development of a robust legal framework in Malaysia’s public sector data sharing. This research examines existing legal frameworks and policies in leading jurisdictions, such as Australia, Singapore, the United Kingdom, and Ireland, highlighting how these frameworks intersect with data privacy and protection legislation. The findings highlight the need for an explicit legal framework, oversight mechanisms, and enforcement provisions within Malaysian law to effectively govern public sector data sharing. The paper argues that a clear and well-structured legal framework for public sector data sharing is essential to encourage responsible data exchange between government agencies and build public trust. To mitigate the risks of data leakage, the legal framework for public sector data sharing must ensure that benefits exceed these risks while enhancing innovation and efficiency and protecting individuals' fundamental rights to data privacy. The paper concludes with recommendations for policymakers to develop a comprehensive and coherent legal framework that supports beneficial data-sharing practices while safeguarding privacy. These recommendations aim to guide the formation of a legal framework that fosters transparency, accountability, and public confidence in the management of shared data within Malaysia’s public sector.
Biography	Assoc. Prof. Dr. Mahyuddin Daud obtained his PhD in Cyber Law (Internet Content Regulation) from the International Islamic University Malaysia (IIUM). He actively writes for academic journals and teaches information technology, contracts, and torts laws at the Department of Civil Law, Ahmad Ibrahim Kulliyyah of Laws, IIUM. He holds professional memberships for Inns of Court Malaysia (ICM), Malaysian Consumer and Family Economics Association (MACFEA) and Global Internet Governance Academic Network (GigaNet) and other various academic positions such as Editor for IIUM Law Journal. He has presented academic papers in local and international conferences around the region. He was a former Deputy Dean (Student Affairs) and is currently the Director of the Sports Development Centre. He is a member of the IIUM UNESCO Chair of Future Studies – Sound Future Legal System. Assoc. Prof. Dr. Mahyuddin published a research-based textbook titled ‘Internet Content Regulation’ in 2019, which was crowned the Best Scholarly Book Award by Majlis Penerbitan Ilmiah Malaysia. He was appointed as a legal consultant in government-sponsored research projects, such as the Attorney General’s Chamber of Malaysia, the National Cyber Security Agency of Malaysia, the National Digital Department of Malaysia and university grants. His involvement in the research and enactment of the Malaysia Cyber Security Act 2024 and the Malaysia Data Sharing Bill were amongst the key contributions to the development of information technology law in Malaysia.