Legal Update March 2014

MALAYSIA – LATEST DEVELOPMENT ON SHIPPING AMENDMENT ACTS

There are two recent developments which have significant impact on shipping. The first is the coming into force of the 1976 Convention of Limitation of Liability of Maritime Claims as amended by the 1996 Protocol. However, Sabah and Sarawak in East continue to be under the 1957 Convention. The second is the implementation of the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001.

 

1. Merchant Shipping (Amendment and Extension) Act 2011 (A1393)

 

A1393 amended the Merchant Shipping Ordinance 1952 (“Ordinance”) inter alia to provide for the implementation of the Convention on Limitation of Liability for Maritime Claims 1976 as amended by the Protocol of 1996 to amend the Convention on Limitation of Liability for Maritime Claims 1976 (“Convention”) in Malaysia. A1393 came into force in West Malaysia and Federal Territory of Labuan on 1 March 2014. 

 

Note: East Malaysia of Sabah and Sarawak remained to be governed by the 1957 Limitation of Liability Convention.

 

2. Merchant Shipping (Oil Pollution) (Amendment) Act 2011 (A1394)

A1394 amended the Merchant Shipping (Oil Pollution) Act 1994 (“Act 515″) to provide for matters relating to the implementation of the International Convention on Civil Liability for Bunker Oil Pollution Damage 2001 (“Bunkers Convention”) in Malaysia. A1394 came into force throughout Malaysia on 1 March 2014. The Act 515 is now to be cited as the “Merchant Shipping (Liability and Compensation for Oil and Bunker Oil Pollution) Act 1994″

JTJB’s KL Office is a full service on-shore Malaysian Law Firm headed by experienced Maritime lawyer, Rahayu Abd Ghani. For more information, please contact Rahayu at rahayu@jtjb.com

SINGAPORE – Personal Data Protection AcT

The Personal Data Protection Act (“PDPA”) enacted in 2012 seeks to establish a baseline standard of protection for personal data across the economy. The Act governs and controls the collection, use, disclosure and care of personal data. It also establishes the Personal Data Protection Commission (“PDPC”) and Do Not Call Registry (“DNC Registry”) and provides for their administration.

PDPA stipulates that:

  •  the individual’s prior knowledge and consent is required before any organisation is allowed to collect, use or disclose personal data;
  • the purpose for collection, use or disclosure must be informed to the individual; and
  • the purposes for such collection, use or disclosure of personal data must be considered appropriate to a reasonable person in the given circumstance.

Effective Dates

The main data protection rules will become effective from 2 July 2014. DNC Registry provides a platform which allows individuals to register their Singapore telephone numbers to opt out of receiving SMS or MMS messages, marketing phone calls and faxes from organisations. There are exemptions applicable to non-telemarketing calls, text messages and faxes and some types of telemarketing calls, text messages and faxes.

What constitutes Personal Data?

Under PDPA, “personal data” has been defined as “data, whether true or not, about an individual who can be identified from that data or for that data and other information to which the organisation has or is likely to have access”. Such personal data refers to that which is stored in electronic and non-electronic forms.

 What is the role of Personal Data Protection Commission (“PDPC”)?

Established in 2 January 2013, PDPC administers and enforces the PDPA 2012. Any organisation in breach of the Act may be reported to the PDPC. Upon conviction, such organisation may be liable to a fine of an amount not exceeding $10,000 for each offence.

PDPC has published advisory guidelines to organisations to caution against over collecting personal data including NRIC numbers where this is not required for their purpose or legal purposes. Organisations have approached PDPC for greater clarity as the PDPA is still not clear in certain aspects: e.g. it does not stipulate the framework under which personal data such as NRIC Numbers should be provided. Such Advisory Guidelines do not have the force of law and are not legally binding in nature. Statutory boards and government authorities/agencies are exempted under the PDPA, but are instead regulated by their own internal controls and practices.

The full impact of this Act remains to be seen.

 

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JTJB is a boutique full service Singapore law firm with an established practice in corporate law and corporate advisory work. For more information, about our Firm, please contact us at info@jtjb.com.

This update is for general information only and is it not intended to constitute legal advice. JTJB has made all reasonable efforts to ensure the information provided is accurate.