Category: General

Privacy Law in Malaysia

I wrote this for my department’s monthly legal update and I thought it would be useful to share this with readers here. It is a very interesting case.

Lew Cher Phow @ Lew Cha Paw & Ors v Pua Yong Yong & Anor
(Johor Bahru High Court Suit No. MT4-22-510-2007)

In this case, the Plaintiffs and the Defendants were neighbours. The High Court had dismissed an application by the Plaintiffs who applied for an order for interlocutory injunction to restrain the Defendants from installing any CCTV cameras at the Defendants’ house which faced the Plaintiffs’ house as well as also for an order to compel the Defendants to remove their CCTV cameras that were installed facing the Plaintiffs’ house.

The Plaintiffs alleged that the act of the Defendants installing the CCTV cameras had intruded their livelihood and daily activities. The Defendants on the other hand alleged that the CCTV cameras were for security reasons as their house had been intruded before and also that the CCTV cameras only showed the Plaintiffs’ house as background.

The grounds given by the High Court in dismissing the Plaintiffs’ application are, among others, as follows:

(a) there is no evidence to show that the CCTV cameras intruded the livelihood and daily activities of the Plaintiffs. Further, there is no evidence in the Plaintiffs’ affidavit to show that the CCTV cameras recorded the Plaintiffs’ activities.

(b) the Defendants are entitled to install CCTV cameras for security and safety purposes.

(c) if the interlocutory injunction is granted this will bring a legal implication to the general public especially when CCTV cameras are installed at residential and commercial premises to protect the safety of the general public.

(d) there is no right of privacy in Malaysia thus the Plaintiffs do not have the right to institute an action against invasion of privacy rights.

Yup folks, currently there is no right to privacy in Malaysia. However, there are certain laws to protect you from being harassed by others. For example, if someone enters your house to install a camera to spy on you, you can get him jailed for trespass. This is exactly what happened in Nasha Aziz’s case, who is Malaysian celebrity.

Well, I will write more about this issue when the Personal Data Protection Bill 2009is tabled in the Parliament. Stay tuned!

My Dream in the Year of the Tiger

[Advertorial]

I was reading from somewhere that the year of the Tiger is good for travelling for those born in the year of the Rooster (I am born in the year of the Rooster). Travelling has always been my passion. For the year of the Tiger, I would love to head back to Oulu, Finland for..


Loads of snow


Snowman


Awesome Finnish food


Snowmobile


Ice fishing


Visit my Finnish family!


Skiing

and..

Winter swimming!

But flying there is not cheap. Oulu is about 500KM from Helsinki. To get there from Kuala Lumpur, I need to take a flight to Helsinki and then another connecting flight to Oulu. The foreign exchange rate for Euro doesn’t help as well. I probably need around RM10,000 for the entire trip. It would certainly help if I could get some ‘extra’ dosh to travel.

Well, Tiger Beer, the official beer for the Year of the Tiger, will be fulfilling a few people’s wishes in the form of RM8,888 worth of dream.

To be eligible for the RM8,888 worth of dream, you got to participate in the Nuffnang – Tiger Beer Run which will be held on the 6th of February 2010 at Bar Madrid, Jaya One, PJ at 430PM. You can run dressed in anything you want! Be a tiger, soldier, giant pencil, anything. I am thinking of dressing up either as Doraemon or Nobita..just like the chaps in the video below.

The grand prize would be RM8,888 worth of dreams and RM1,888 cash prize. The 1st Runner Up for both Male and Female category will win RM8,888 worth of dreams. Also, not forgetting 10 consolation angpow worth RM88 + 6-pack of Tiger Beers.

To participate, write a blog post titled – “My Dream in the Year of the Tiger” and share what your dream is with everyone and then send an email to fulfillmywish.tiger@nuffnang.com with your full name and blog permalink.

For more details on the Tiger Run, please visit http://www.nuffnang.com.my/tigerrun/. Also, if you’re a fan of Tiger Beer, just like the Uncle in the video below

Join the Facebook page at http://www.facebook.com/tigerbeer !

Astro B.yond

One of the newest technological advancements has arrived in Malaysia. Finally, Malaysians can now watch High-Definition (HD) broadcast, all thanks to ASTRO.

HD channels present a sensory viewing experience with sharper pictures, more vibrant colours, cinematic surround sound, and a wider screen – giving audiences crystal clear details and colours like never before. It delivers details that are five times greater than that of regular Standard-Definition (SD) programming (the standard shows we are watching on Malaysian TV are SD), and it comes with the 5.1 Dolby Digital Surround Sound.

ASTRO has launched the HD service under its brand name ASTRO B.yond. HD broadcasting had been around ages ago. Australia started its HD broadcasting since 2001. If not for ASTRO, HD broadcasting would not have seen light in Malaysia.

On HD content, ASTRO will start with four HD channels – ASTRO Supersport HD, HBO HD, National Geographic Channel HD and HISTORY HD on 18 December 2009, followed by ESPN HD in January 2010. FIFA World Cup 2010 will also be in HD. It will be so clear until you can see the sweat of your favourite footballers!

With HD content, you can watch shows on HDTV like this. Experience sharper images!

Customers can sign up for ASTRO B.yond at www.astro.com.my/byond or call the ASTRO customer Hotline 1300 82 3838.

Customers have a choice to sign up at an additional service fee of RM20 per month and a commitment of 12 months. As part of the new B.yond service, customers will get the new B.yond box, new smart card, new outdoor unit dish, HD Multimedia Interface (HDMI) cable and new remote control. New set-up installation fee will be waived in exchange for the existing box.

Astro B.yond TVC Shoot

Last week, I participated in the Astro B.yond TVC shoot at Desa Park City. Other bloggers such as Beautifulnara, Kimberlycun, Kyspeaks, Saimatkong, ShaolinTiger, SixthSeal, Sultan Muzaffar, Tziaaa and RedMummy were involved as well. We were given slots to introduce ourselves and also our new year resolution for 2010. Other questions were also thrown to us during the shoot.

Being in front of a camera is no easy task for me. I cocked up a few times. The poor cameraman had to refilm me over and over again.

When speaking in front of the camera, I had to ensure that my English is perfect. No grammatical mistakes etc. However, it was not easy. I think I did screw up a bit. Now I understand why former Ms. Singapore, Ris Low screwed up her interview with leopard preenz and boomz.

Also, it was bloody hot. We had to speak under the sun. Since the videos are shot in HD, I bet you can see our sweat dripping off us.

Anyway, here are some pictures from that day!


Sultan Muzaffar


So ‘ngam’ caught Kimberlycun, SixthSeal, and RedMummy sipping drinks. Many thanks to Nicholas Chay for buying us drinks.


BoootifulNara


Kimberlycun before saying “My resolutions is…..”


ShaolinTiger in a “compromising position”.


SixthSeal hiding underneath the umbrella


KY after being asked “So how does HD taste like?”


Tziaaa..I BET, I BET, THAT SHE WOULD GET THE MOST CLICKS ON HER LINK!!!


Azaria, our director for the day, sitting in front of a monitor to check the progress. Eric Yong was here to ‘8’ as well.


Me. One of the camera chaps was nice enough to shield me from the sun.


Lolling!!!

I heard the TVC will be out on YouTube. Will let you guys know once it is out!

Astro B.yond Bloggers Night

To celebrate the advent of Astro B.yond, ASTRO will be organizing an event called Astro B.yond Bloggers Night on 13th January 2010 at Modesto’s, Desa Sri Hartamas from 7:30pm till 10.30pm.

Refreshments will be provided for and there will be total of 3 units of Astro B.yond set comprising 32” LG High Definition TV, Astro B.yond box, new remote control and new outdoor dish to give out along with free subscription to Astro B.yond channels!

There will be also be a game called “Murder in the Details”. The winner of the Murder in the Details will be given a HDTV! Stay tuned for the announcement of the Murder Mystery Game on ASTRO’s Facebook page (http://www.facebook.com/Astro).

Also, two best post-event coverage will get a chance to win a HDTV. However, in order to qualify for the prize, all bloggers must be a Fan of the Astro Facebook page.

Nuffnang is looking for 100 bloggers to attend the exclusive event. To be eligible to attend the event, all you need to do is to blog about the event and email to your full name and blog URL to astroB.yond@nuffnang.com.

The Year 2009 At a Glance

My highlights for the year 2009 are as follows:

Survived an 8 hour ride from Mersing to Tioman Island on a fisherman’s boat

Shortly after the Tioman trip, attended one of my best buddies’ wedding.

Took Pushmore‘s 100 days pull up challenge.

But only managed to hit 96 days before succumbing to high fever and 2 injuries to my fingers which required physiotherapy

Got my 2nd cheque from Nuffnang

From that cheque, I traded in my 10 year old Satria for a Proton Saga SE

Spoke @ eLawyer Forum on Blogging & Law Forum 2009 in KL and Penang and Writing Blogs @ New Straits Times and Asian Business Forum


KL


Penang

Appointed as Deputy Chairman for the KL Bar Information Technology Committee

Appeared in the New Straits Times, Sin Chiew and China Press

Wrote for Putik Lada in the Star newspaper

Attended Muay Thai camp @ Koh Samui, Thailand

Was in Hong Kong to attend the Asian Patent Attorneys Association Meeting

Attended a wedding in Adelaide

Had a great time with some great friends in Melbourne

Looks like 2009 had been a good year! I look forward to 2010!

When I am 65…

[Advertorial]

When I am 65, I would like to…

be able to travel

Be able to eat good food

still be able to do some sports..

and also be still practicing a lawyer…

When I first started my career as a lawyer, I never see myself retiring from the profession. I thought I could work past the usual retirement age (65 years old) and probably die in the office. Unfortunately, the reality in life doesn’t permit me to do so. By the time I am old, my physical ability would deteriorate, my brain wouldn’t work as fast as now and my business contacts would either be dead or retired. In short, I would not make as much money as I could. Say goodbye to traveling and good food.

I did a test on retirement calculator on Prudential’s website, http://www.whatsyournumber.com.my and based on the results, I would need at least RM3million for me to live comfortably until I am 90 years old!

I may need to work extra hard and a lot of luck to achieve that amount. In the meantime, I could invest in some financial products as the Prudential PRUretirement growth and PRUretirement accumulator (More details at http://www.whatsyournumber.com.my))

The other way is to join Prudential’s “What’s Adam’s Number’ challenge”. The challenge is quite simple – just figure out Adam’s (a fictional character) retirement number and stand a chance to win a share in RM200,000 worth of prizes.

The challenge will run for 4 weeks from 2nd Dec 2009 and in each week, new clues will be revealed to help players get closer to Adam’s number. The Prudential Retirement Calculator is designed specifically to calculate the retirement number using those clues.

The fastest and most accurate answers will win a share of the prizes that comes in the form of a retirement plan, all paid for by Prudential: 1x Grand Prize of RM100,000 placed in a PRUretirement accumulator plan, and 8x consolation prizes of RM12,500 each placed in the same plan. Winners will have a kick start in a retirement plan that will grow in value and provides guaranteed monthly payouts after 10 years, all without any cost to the winners.

For more info, on the challenge, check out Prudential’s website at http://whatsyournumber.com.my/

Everyone Connects Finale @ Jalan Bukit Bintang

While I was slaving myself in Hong Kong, the Everyone Connects finale was held in Jalan Bukit Bintang.

There were about 5000 party goers who attended the event, organised by Telekom Malaysia Berhad. When the song “Through My Window” was played, the crowd was given dummy microphones and sang along to it. It was dubbed the biggest “karaoke session” in Malaysia!

To see how much I have missed check out the pictures and video below.


The crowd!


Karaoke session!


What the.. microphone heads?


It rained but some people stayed 😀


A janitor lost his way and found himself in the event..


and he joined the crowd to perform some sort of “Stomp” like performance. (If you don’t know what Stomp is, check out the video here)

Ohhh nooooo I missed it! FML!!

World Computer Security Day 2009

When I was young, I was part of an online group which compromised computers to gain access. In those computers, backdoors (an alternate entry to the computer, useful when the original entry point is closed), keyloggers (an application to record whatever is entered into to computer e.g passwords) and DoS applications (an application to initiate denial of service to cripple other computers). But it was all for fun.


Hacking remote computers are usually done in such text consoles unlike those colourful interfaces in movies!

Although such activities are illegal, it brought me a wealth of knowledge about computer security which I now use to advise my clients. This also led me to a new area of specialty i.e cyberlaw and also the involvement of such area gained me some publicity (see here and here).

Throughout my experience, I have come across cases where personal emails were illegal accessed, servers DoSed (thus rendering it unaccesible) and servers hacked with personal data therein illegally accessed. So far, I think the worst cases I have seen is where personal emails are hacked. Many people store their personal stuff (e.g intimate secret and photos) and this creates a huge embarrassment when it is leaked out.

Even Facebook is not spared. In a recent case, a woman had her Facebook account hacked and the hacker sent a message to all her friends asking for money to help her and her husband.

Although there are laws to prosecute hackers, my personal experience is that it is very difficult to have them prosecuted. A police report can always be made for crimes committed under the Malaysian Computer Crimes Act 1997 but a lot of times it is too late as severe harm has been done.

In view of the rampant cybercrime, Cybersecurity Malaysia, a government agency that promotes cyber safety and Internet security among Malaysian Internet users, is observing the World Computer Security Day (WCSD) which falls on 30 November 2009. I have personally met the people from Cybersecurity Malaysia and have dealt with them occasionally. They are good people.

WCSD is an annual event observed worldwide that was started in 1988 by the non-profit Association for Computer Security Day to help raise awareness of computer related security issues. This year marks the first time WCSD is being observed in a big way in Malaysia.

Themed “Computer Security is Everyone’s Responsibility” WCSD 2009 in Malaysia will involve several events and initiatives hosted by CyberSecurity Malaysia in the months of November and December designed to communicate how individual users are responsible in protecting information assets and resources, and practicing safe computing.

One of the ways to take part in this event is to change your passwords on 30 November 2009. Passwords should be changed from time to time (preferably every 3 months). You won’t know who is lurking around your email!

Other than that, you may take part by..

1. Visit the Cybersafe.my website
In August 2009, CyberSecurity Malaysia launched Cybersafe.my, a website that is a repository and resource for all Malaysians to learn more about computer safety – from handy tips, cool posters, interesting videos and other resources on cyber security and safety.

2. Submit your true Internet-horror story
In conjunction with WCSD, CyberSecurity Malaysia is in the midst of enhancing Cybersafe.my with Web 2.0 interactive elements for Malaysians to be able to share with each other their computer security-related experiences and learn from one other. Site visitors will be able to submit their experiences in video and text format, view the submission of other visitors as well as start educational discussions that will make them less susceptible to threats.

3. Be a fan of WCSDMY on Facebook & Twitter
Besides the website, WCSD also has a Facebook group (World Computer Security Day (WCSD) Malaysia) and Twitter account (@WCSDMY) which will update and remind its followers on useful tips and quizzes related to computer security.

4. Submit a report if you are or know of a victim of online threats
Malaysian netizens who are victims of computer security breaches or any illegal activity in cyberspace are encouraged to refer the incident to Cyber999TM Help Centre by calling 1-300-88-2999, sending e-mail to cyber999@cybersecurity.my, or filling up an online report at www.cybersecurity.my or www.mycert.org.my.

Lastly, don’t forget to change your Facebook password on 30 November 2009! Someone (especially me) may use it to pose embarrassing messages on the pretense that I am you XD..just like this..


(Click for larger image)

EPIC FAIL!!

2012

Some people say that 2012 was terrible. But I think it is not too bad. It’s sad to see people dying like ants under attack by insect repellent. If you don’t know what 2012 is, watch the trailer below.

The show got me thinking. What if the world we know will end within few days and you’re not one of those special ones that can be saved?

For me, I thought I would gather all my love ones and throw a little party while we wait for tsunami to wash us up or swallowed by the earth. In the meantime, we’ll get so drunk that we forgot that the world is ending soon. Definitely will ease our death when the time comes.

How do you like your last day on earth to end?

Anyway, last week some people who were watching 2012 at KLCC had a surprise when a group of people stood up and dance to the tune “Through My Window”.

Check out the photos below 😀

Check out the lady sitting on the front row..covering her ears!! wahahhahaha!!

Asian Patents Attorney Association Council Meeting @ Hong Kong

I will be attending another Intellectual Property conference in Hong Kong from 17 November – 23 November 2009. Just like last year’s conference in Singapore, this will be a meeting after meeting and reception after reception event. Basically, this event is to strengthen our ties with our foreign counterparts (i.e. other IP practitioners in Asia) and also to make new contacts. The stronger the contact is, the more work we can get. Of course, to me, its not all about business. Through this kind of networking event, I have found some good friends. My mindset in attending such events is to make new friends and not find new business.

I will be staying around Hong Kong Convention and Exhibition Centre located at Wanchai. Any good food around that place??

Everyone Connects Finale!

Well, all good things must come to an end.

To end the everyoneconnects craze and competition, there will be a finale at Sungai Wang Main Entrance on 21 November 2009. Here the winner of the “Through My Window” banner concert will be decided! Which band would be the one appearing on Malaysia’s first banner concert! If you want to watch all the performances, be there by 6pm!

There will also be live performances by local celebrities Bunkface, Suki, Reshmonu, Suki, Faizal Tahir, Shila (!!!), Modread. Tomok and Dafi/Mila/Akim.

More info @ everyoneconnects.net!