Appeal to Minister
(1) A person who is aggrieved by a decision of the Registrar may appeal to the Minister.
(2) An appeal shall be made in writing to the Minister within thirty days from the date of the decision of the Registrar or, in the case of an enforcement notice, within thirty days after the enforcement notice is served upon the relevant credit reporting agency, and the appellant shall serve a copy of the appeal upon the Registrar.
(3) The appeal shall state briefly the substance of the decision of the Registrar against which an appeal is made to the Minister, contain an address at which any notice or document connected with the appeal may be served upon the appellant or his advocate, and shall be signed by the appellant or his advocate.
(4) A decision of the Registrar shall be valid, binding and enforceable pending the decision of an appeal by the Minister, except where an appeal against an enforcement notice has been made to the Minister in accordance with subsection (2), or a stay of the decision of the Registrar has been applied for under subsection (5) and granted by the Minister.
(5) An aggrieved person may apply in writing to the Minister for a stay of the decision of the Registrar on or after the appeal has been made to the Minister under subsection (1).
(6) The Minister shall, after considering the appeal, make such decision as he thinks fit and the decision of the Minister shall be final and binding on the parties to the appeal.
Exemption
(1) The Minister may, on the recommendation of the Registrar, if he considers it consistent with the purposes of this Act or in the interest of the public, by order published in the Gazette exempt a credit reporting agency, person or such class, category or description of persons, from all or any of the provisions of this Act for such duration and subject to such terms and conditions as the Minister may specify.
(2) The Minister may at any time, on the recommendation of the Registrar, by order published in the Gazette, revoke any order made under subsection (1).
Transfer of credit information to places outside Malaysia
(1) A credit reporting agency shall not transfer any credit information of a customer to a place outside Malaysia unless to such
place as specified by the Minister, upon the recommendation of the Registrar, by notification published in the Gazette.
(2) For the purposes of subsection (1), the Minister may specify any place outside Malaysia if—
(a) there is in that place in force any law which is substantially similar to that as provided under this Act, or that serves the same purposes as this Act; or
(b) that place ensures an adequate level of protection in relation to the processing of credit information which is at least equivalent to the level of protection afforded by this Act.
(3) Notwithstanding subsection (1), a credit reporting agency may transfer any credit information to a place outside Malaysia if—
(a) the customer has given his consent to the transfer;
(b) the transfer is necessary for the performance of a contract between the customer and the credit reporting agency;
(c) the transfer is necessary for the conclusion or performance of a contract between the credit reporting agency and a subscriber or other person which—
(i) is entered into at the request of the customer; or
(ii) is in the interests of the customer;
(d) the transfer is for the purpose of any legal proceedings or for the purpose of obtaining legal advice or establishing, exercising or defending legal rights;
(e) the credit reporting agency has reasonable grounds for believing that in all circumstances of the case—
(i) the transfer is for the avoidance or mitigation of unfavourable credit action against the customer;
(ii) it is not practicable to obtain the consent in writing of the customer to that transfer; and
(iii) if it was practicable to obtain such consent, the customer would have given his consent;
(f) the credit reporting agency has taken all reasonable precautions and exercised all due diligence to ensure that the credit information will not in that place be processed in any manner which, if that place is Malaysia, would be a contravention of this Act; or
(g) the transfer is necessary in order to protect the interests of the customer or the database of credit information owned by the credit reporting agency.
(4) Where the Registrar has reasonable grounds for believing that in a place as specified under subsection (1) there is no longer in force any law which is substantially similar to that as provided under this Act, or that serves the same purposes as this Act—
(a) the Registrar shall make such recommendations to the Minister who shall, either by cancelling or amending the notification made under subsection (1), cause that place to cease to be a place to which credit information may be transferred under this section; and
(b) the credit reporting agency shall cease to transfer any credit information of a customer to such place with effect from the time as specified by the Minister in the notification.
(5) A credit reporting agency which contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Unlawful collecting, etc., of credit information
(1) A person shall not knowingly or recklessly, without the consent of the credit reporting agency—
(a) collect or disclose credit information that is held by the credit reporting agency; or
(b) procure the disclosure to another person of credit information that is held by the credit reporting agency.
(2) Subsection (1) shall not apply to a person who shows—
(a) that the collecting or disclosing of credit information or procuring the disclosure of credit information—
(i) was necessary for the purpose of preventing or detecting a crime or for the purpose of investigations; or
(ii) was required or authorized by or under any law or by the order of a court;
(b) that he acted in the reasonable belief that he had in law the right to collect or disclose the credit information or to procure the disclosure of the credit information to the other person; or
(c) that he acted in the reasonable belief that he would have had the consent of the credit reporting agency if the credit reporting agency had known of the collecting or disclosing of credit information or procuring the disclosure of credit information and the circumstances of it.
(3) A person who collects or discloses credit information or procures the disclosure of credit information in contravention of subsection (1) commits an offence.
(4) A person who sells credit information commits an offence if he has collected the credit information in contravention of subsection (1).
(5) A person who offers to sell credit information commits an offence if—
(a) he has collected the credit information in contravention of subsection (1); or
(b) he subsequently collects the credit information in contravention of subsection (1).
(6) For the purposes of subsection (5), an advertisement indicating that credit information is or may be for sale is an offer to sell the credit information.
(7) A person who commits an offence under this section shall, upon conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Abetment and attempt punishable as offences
(1) A person who abets the commission of or who attempts to commit any offence under this Act shall be guilty of that offence and shall, on conviction, be liable to the punishment provided for that offence.
(2) A person who does any act preparatory to or in furtherance of the commission of any offence under this Act shall be guilty of that offence and shall, on conviction, be liable to the punishment provided for the offence:
Provided that any term of imprisonment imposed shall not exceed one-half of the maximum term provided for the offence.
Compounding of offences
(1) The Registrar may, with the consent in writing of the Public Prosecutor, compound any offence committed by any person under this Act and prescribed to be a compoundable offence by making a written offer to the person suspected to have committed the offence to compound the offence upon payment to the Registrar of an amount of money not exceeding fifty per centum of the amount of maximum fine for that offence within such time as may be specified in his written offer.
(2) An offer under subsection (1) may be made at any time after the offence has been committed but before any prosecution for it has been instituted, and if the amount specified in the offer is not paid within the time specified in the offer or such extended time as the Registrar may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.
(3) Where an offence has been compounded under subsection (1), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made, and any computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article seized in connection with the offence may be released or forfeited by the Registrar, subject to such terms and conditions as he thinks fit to impose in accordance with the conditions of the compound.
(4) All sums of money received by the Registrar under this section shall be paid into the Federal Consolidated Fund.
Offences by body corporate
(1) If a body corporate commits an offence under this Act, any person who at the time of the commission of the offence was a director or officer of the body corporate or was purporting to act in any such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate or was assisting in such management—
(a) may be charged severally or jointly in the same proceedings with the body corporate; and
(b) if the body corporate is found to have committed the offence, shall be deemed to have committed that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves—
(i) that the offence was committed without his knowledge, consent or connivance; and
(ii) that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence.
(2) If any person would be liable under this Act to any punishment or penalty for his act, omission, neglect or default, he shall be liable to the same punishment or penalty for every such act, omission, neglect or default of any employee or agent of his, or of the employee of the agent, if the act, omission, neglect or default was committed—
(a) by that person’s employee in the course of his employment;
(b) by the agent when acting on behalf of that person; or
(c) by the employee of the agent in the course of his employment by the agent or otherwise on behalf of the agent acting on behalf of that person.
Prosecution
No prosecution for an offence under this Act shall be instituted except by or with the written consent of the Public Prosecutor.
Jurisdiction to try offences
Notwithstanding any other written law to the contrary, a Sessions Court shall have jurisdiction to try any offence under this Act and to impose full punishment for any such offence under this Act.
Service of notice or other documents
(1) Service of a notice or any other document upon any person shall be effected—
(a) by delivering the notice or other document to the person;
(b) by leaving the notice or other document at the last-known address of residence or place of business of the person in a cover addressed to that person; or
(c) by forwarding the notice or other document by post in an A.R. registered letter addressed to the person at his last-known address of residence or place of business.
(2) Where the person to whom there has been addressed an A.R. registered letter containing any notice or other document which may be given under this Act is informed of the fact that there is an A.R. registered letter awaiting him at a post office, and such person refuses or neglects to take delivery of such A.R. registered letter, such notice or other document shall be deemed to have been served upon him on the date on which he was so informed.
Protection against suit and legal proceedings
No action, suit, prosecution or other proceedings shall lie or be brought, instituted or maintained in any court against—
(a) the Registrar;
(b) any Deputy Registrar, Assistant Registrar, authorized officer or any officer of the Registrar; or
(c) any person lawfully acting on behalf of the Registrar,
in respect of any act or omission done or omitted by him or it in good faith in such capacity.
Protection of informers
(1) Except as provided in subsections (2) and (3), no witness in any civil or criminal proceedings pursuant to this Act shall be obliged or permitted to disclose the name or address of any informer or the substance and nature of the information received from him or state any matter which might lead to his discovery.
(2) If any computer, book, account, computerized data or other document, signboard, card, letter, pamphlet, leaflet, notice, equipment, instrument or article which is in evidence or is liable to inspection in any civil or criminal proceedings whatsoever contains any entry in which any informer is named or described or which might lead to his discovery, the court shall cause all such entries to be concealed from view or to be obliterated in so far as may be necessary to protect the informer from discovery.
(3) If in a trial for any offence under this Act the court, after full inquiry into the case, is of the opinion that the informer wilfully made in his complaint a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceeding the court is of the opinion that justice cannot be fully done between the parties in the proceeding without the discovery of the informer, the court may require the production of the original complaint, if in writing, and permit an inquiry and require full disclosure concerning the informer.
Obligation of secrecy
(1) Except for any of the purposes of this Act or for the purposes of any civil or criminal proceedings under any written law or where otherwise authorized by the Minister—
(a) the Registrar, Deputy Registrars, Assistant Registrars, authorized officers or officers of the Registrar, whether during or after his tenure of office or employment, shall not disclose any information obtained by him in the course of his duties; and
(b) no person who has by any means access to any information or documents relating to the affairs of the Registrar shall disclose such information or document.
(2) A person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Power of Minister to make regulations
(1) The Minister may make such regulations as may be necessary or expedient for the purpose of carrying into effect the provisions of this Act.
(2) Without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations for all or any of the following purposes:
(a) to regulate all matters relating to the registration of credit reporting agencies, including prescribing the registration fees and renewal fees;
(b) to provide and prescribe any fees to be imposed by the credit reporting agencies and any other fees payable in
connection with the provision of any service or any matter under this Act;
(c) to regulate procedures in respect of the inspection of data systems, investigation of complaints and issuance of enforcement notices, and all matters related to them;
(d) to prescribe the offences which may be compounded and the forms to be used and the method and procedure for compounding the offences;
(e) to prescribe any matter for which this Act makes express provision to be made by regulations;
(f) to prescribe all other matters as are necessary or expedient to be prescribed for giving effect to this Act.
(3) The regulations made under this section or any other subsidiary legislation made under this Act may prescribe for any act or omission in contravention of the regulations or other subsidiary legislation to be an offence and may prescribe for penalties of a fine not exceeding two hundred and fifty thousand ringgit or imprisonment for a term not exceeding two years or to both.
Prevention of anomalies
(1) The Minister may, by order published in the Gazette, make such modifications to the provisions of this Act as may appear to him to be necessary or expedient for the purpose of removing any difficulties or preventing anomalies in consequence of the coming into operation of this Act.
(2) The Minister shall not exercise the powers conferred by subsection (1) after the expiration of one year from the appointed date.
(3) In this section, “modifications” means amendments, additions, deletions and substitutions of any provisions of this Act.
Power of Minister to amend First Schedule and Second Schedule
The Minister may, on the recommendation of the Registrar, from time to time, by order published in the Gazette, vary, delete, add to, substitute for, or otherwise amend the First and Second Schedules.
Power to issue Summary of Rights, codes of practice, etc.
(1) The Registrar shall issue a Summary of Rights in such form and manner as determined by him that contains information about credit reporting agencies and a summary of rights of customers in respect of transactions involving such credit reporting agencies as provided under this Act.
(2) The Registrar may issue generally in respect of this Act or in respect of any particular provision of this Act, or generally in respect of the conduct of all or any of the credit reporting agencies, from time to time, codes of practice, guidelines, circulars or notes as may be necessary or expedient for giving full effect to the provisions of this Act, for carrying out or achieving the objects and purposes of this Act or any provision thereof, or for the further, better and more convenient implementation of the provisions of this Act.
Personal Data Protection Act 2009 shall not apply
The provisions of the Personal Data Protection Act 2010 [Act 709] shall not apply to the processing of credit information by a credit reporting agency.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
