Daud, Mahyuddin
(2025)
A legal framework for public sector data sharing in Malaysia: the clash between data protection, privacy and public interest.
IIUM Law Journal, 33 (2).
pp. 279-320.
ISSN 0128-2530
E-ISSN 2289-7852
Abstract
Data sharing is increasingly recognised as a critical enabler of effective governance, improved policymaking, and efficient public service delivery, yet in Malaysia, it has historically been governed through administrative circulars and fragmented provisions rather than a clear statutory framework. Despite recent initiatives such as PADU, MyGDX, and the Open Data Portal, the practice remains hindered by systemic challenges, including misinterpretation of confidentiality clauses as prohibitions, overly cautious agency practices guided by non-binding codes, inconsistent and overlapping data formats, and heightened concerns about privacy and cybersecurity risks. These barriers not only slow inter-agency collaboration but also undermine policy efficiency, weaken service delivery, and erode public trust. Against this backdrop, the enactment of the Data Sharing Act 2025 represents a significant step forward. Yet, questions remain regarding its operationalisation and ability to balance competing demands of accessibility, security, and privacy. This study seeks to analyse Malaysia’s current legal and policy framework on data sharing, identify challenges faced by public agencies, and benchmark Malaysia’s approach against international best practices from the European Union, United Kingdom, Ireland, Australia, and Singapore. Using content analysis of laws and policies, comparative legal analysis, and semi-structured interviews with government agencies, the research aims to propose reforms that strengthen Malaysia’s governance of data sharing. It is expected that findings will highlight the need for privacy-by-design principles, uniform data governance standards, and robust oversight mechanisms to foster responsible data sharing, enhance public trust, and align Malaysia with global standards while addressing its domestic realities
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